South Carolina General Assembly
109th Session, 1991-1992

Bill 152


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               Senate
Bill Number:                    152
Primary Sponsor:                Martschink
Committee Number:               11
Type of Legislation:            GB
Subject:                        Murder, aggravating
                                circumstance
Residing Body:                  Senate
Current Committee:              Judiciary
Companion Bill Number:          3103
Computer Document Number:       OLDVS/LIBOO/1963
Introduced Date:                Jan 08, 1991
Last History Body:              Senate
Last History Date:              Jan 08, 1991
Last History Type:              Introduced and read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Martschink
Type of Legislation:            General Bill



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 152   Senate  Jan 08, 1991  Introduced and read first       11
                             time, referred to Committee
 152   Senate  Sep 17, 1990  Prefiled, referred to           11
                             Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUNISHMENT FOR MURDER, SO AS TO PROVIDE AN ADDITIONAL AGGRAVATING CIRCUMSTANCE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 16-3-20(C)(a) of the 1976 Code, as last amended by Act 604 of 1990, is further amended by adding:

"(11) The offender was engaged in a continuing criminal enterprise. A person engages in a continuing criminal enterprise if:

(a) he is one of the principal administrators, organizers, or leaders of an enterprise, acting in concert with five or more persons;

(b) (i) he is convicted of trafficking in illegal drugs involving a quantity at least twice that described in Sections 44-53-370(e)(2)(e), 44-53-370(e)(3)(c), or 44-53-370(e)(4)(d), or more than fifty-six grams of crack cocaine;

(ii) he is convicted of more than five violations of either Section 44-53-440 or 44-53-445, or combination of the two; or

(iii) the enterprise in which he was one of the principal administrators, organizers, or leaders received two million in gross receipts during any twelve month period of its existence for the illegal manufacture, importation, or distribution of a substance described in Section 44-53-370; and

(c) he previously was convicted of at least three drug related offenses which were felonies under either state or federal law."

SECTION 2. This act takes effect upon approval by the Governor.

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