Current Status Introducing Body:Senate Bill Number:60 Primary Sponsor:Rose Committee Number:13 Type of Legislation:GB Subject:Controlled substances, additional penalty for violations Residing Body:Senate Current Committee:Medical Affairs Computer Document Number:60 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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60 Senate Jan 08, 1991 Introduced and read first 13
time, referred to Committee
60 Senate Sep 10, 1990 Prefiled, referred to 13
Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 44-53-397 AND 44-53-399 SO AS TO PROVIDE FOR AN ADDITIONAL PENALTY FOR A VIOLATION RELATING TO CONTROLLED SUBSTANCES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 44-53-397. (A) In addition to the penalties provided for an offense defined in this article, a person convicted of the offense must be fined not less than one thousand dollars for the first offense and not less than two thousand dollars for a second or subsequent offense.
(B) A penalty imposed by this article is in addition to and not in lieu of an administrative, a civil, or a criminal penalty or sanction authorized by law.
(C) All fines collected by a court or agency resulting from the provisions of this section must be disposed of pursuant to Section 44-53-580 for drug education, prevention, and treatment purposes.
Section 44-53-399. (A) The court may suspend the collection of the penalty imposed pursuant to Section 44-53-397 if the defendant agrees to enter a residential drug rehabilitation program approved by the court and to pay for all or a portion of the costs associated with the program. The collection of a penalty is suspended during the defendant's participation in the program.
(B) Upon successful completion of the program, the defendant may apply to the court to reduce the penalty by the amount paid by him for his participation in the program. The court may not reduce the penalty unless the defendant establishes to the satisfaction of the court that he has completed the program successfully.
(C) If the defendant's participation in the program is terminated before his successful completion of it, the entire penalty must be collected."
SECTION 2. This act takes effect upon approval by the Governor.