Current Status Introducing Body:Senate Bill Number:56 Primary Sponsor:Rose Committee Number:11 Type of Legislation:GB Subject:Drug violation with firearm, additional penalty Residing Body:Senate Current Committee:Judiciary Computer Document Number:56 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:Rose Type of Legislation:General Bill
Bill Body Date Action Description CMN
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56 Senate Jan 08, 1991 Introduced and read first 11
time, referred to Committee
56 Senate Sep 10, 1990 Prefiled, referred to 11
Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-495 SO AS TO PROVIDE THAT A PERSON CONVICTED OF A DRUG OFFENSE WHO HAD A FIREARM WITHIN HIS CONTROL DURING THE COMMISSION OF THE OFFENSE SHALL HAVE AN ADDITIONAL PENALTY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 5, Chapter 23, Title 16 of the 1976 Code is amended by adding:
"Section 16-23-495. A person convicted of committing or attempting to commit an offense involving controlled substances pursuant to Chapter 53 of Title 44, and who had within his control a firearm during the commission of the offense, must be punished in addition to the punishment provided for the controlled substance offense. The person shall serve an additional term of imprisonment of fifteen years. Service of this sentence is mandatory unless a longer mandatory minimum term of imprisonment is provided by law for the controlled substance offense. The court may impose this mandatory fifteen-year sentence to run consecutively. The person sentenced under this section is not eligible during this fifteen-year period for furlough, parole, work release, or extended work release. The fifteen years may not be suspended and the person may not complete his term of imprisonment in less than fifteen years pursuant to good-time credits or work credits; however, the person may earn credits during this period.
As used in this section, 'firearm' means any machine gun, automatic rifle, revolver, pistol, or any weapon which will, or is designed to, or may readily be converted to expel a projectile.
No additional punishment may be imposed under this section unless the indictment alleged as a separate count that the person had within his control a firearm during the commission of the controlled substance offense and conviction was upon this count in the indictment. The penalties prescribed in this section may not be imposed unless the person convicted was at the same time indicted and convicted of the controlled substance offense pursuant to Chapter 53 of Title 44."
SECTION 2. This act takes effect upon approval by the Governor.