Current Status Introducing Body:House Bill Number:4350 Primary Sponsor:Wilkins Committee Number:11 Type of Legislation:GB Subject:Cocaine, trakkicking in Residing Body:Senate Current Committee:Judiciary Computer Document Number:DKA/3000AL.94 Introduced Date:19940111 Date of Last Amendment:19940203 Last History Body:Senate Last History Date:19940208 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Wilkins M.O. Alexander T.C. Alexander Allison Askins J. Bailey Baxley Beatty H. Brown Carnell Cato Chamblee Clyborne Cooper Cromer Delleney Elliott Farr Felder Fulmer Gamble Gonzales Graham Hallman P. Harris Harrison Harvin Harwell Haskins Hines Hodges Hutson Jennings Keegan Kinon Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McKay McTeer Meacham Neilson Phillips Quinn Richardson Riser Robinson Scott Shissias Simrill R. Smith D. Smith Snow Spearman Stille Stone Stuart Thomas Trotter Tucker Vaughn Waites Waldrop Walker Whipper D. Wilder Wilkes Witherspoon Wright A. Young R. Young Huff Corning Fair Kelley Davenport Jaskwhich Inabinett Sharpe J. Wilder Breeland Harrell Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
---- ------ ------------ ------------------------------ --- ------------
4350 Senate 19940208 Introduced, read first time, 11
referred to Committee
4350 House 19940204 Read third time, sent to
Senate
4350 House 19940203 Unanimous consent for third
reading on next Legislative
day
4350 House 19940203 Amended, read second time
4350 House 19940201 Debate adjourned until
Wednesday, February 2, 1994
4350 House 19940127 Debate adjourned until
Tuesday, February 1, 1994
4350 House 19940126 Debate adjourned until
Thursday, January 27, 1994
4350 House 19940119 Committee Report: Favorable 27
with amendment
4350 House 19940111 Introduced, read first time, 27
referred to Committee
4350 House 19931201 Prefiled, referred to 27
Committee
View additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
AMENDED
February 3, 1994
H. 4350
Introduced by REPS. Wilkins, M.O. Alexander, T.C. Alexander, Allison, Askins, J. Bailey, Baxley, Beatty, H. Brown, Carnell, Cato, Chamblee, Clyborne, Cooper, Cromer, Delleney, Elliott, Farr, Felder, Fulmer, Gamble, Gonzales, Graham, Hallman, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Hutson, Jennings, Keegan, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McKay, McTeer, Meacham, Neilson, Phillips, Quinn, Richardson, Riser, Robinson, Scott, Shissias, Simrill, R. Smith, D. Smith, Snow, Spearman, Stille, Stone, Stuart, Thomas, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Whipper, D. Wilder, Wilkes, Witherspoon, Wright, A. Young, R. Young, Huff, Corning, Fair, Kelley, Davenport, Jaskwhich, Inabinett, Sharpe, J. Wilder, Harrell and Breeland
S. Printed 2/3/94--H.
Read the first time January 11, 1994.
TO AMEND SECTION 44-53-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFICKING IN COCAINE, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT WITHOUT PAROLE, WORK RELEASE, OR SUPERVISED FURLOUGH; TO AMEND SECTION 44-53-375, AS AMENDED, RELATING TO POSSESSION, SALE, MANUFACTURE, AND DISTRIBUTION OF ICE, CRANK, OR CRACK COCAINE, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT WITHOUT PAROLE, WORK RELEASE, OR SUPERVISED FURLOUGH AND TO DEFINE PRIOR CONVICTIONS FOR PURPOSES OF SENTENCING; AND TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO THE LIST OF VIOLENT CRIMES, SO AS TO ADD TRAFFICKING IN CRACK COCAINE.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The last three paragraphs of Section 44-53-370(e) of the 1976 Code, as last amended by Act 184 of 1993, are further amended to read:
"Sentences for a violation of the provisions of this subsection may not be suspended and probation may not be granted. A person convicted and sentenced under this subsection to a mandatory minimum term of imprisonment of twenty-five years or a mandatory term of twenty-five years or more is not eligible for parole, extended work release, as provided for in Section 24-13-610, or supervised furlough, as provided for in Section 24-13-710. Notwithstanding Section 44-53-420, any a person convicted of conspiracy pursuant to this subsection must be sentenced as provided herein in this section with a full sentence or punishment and not one-half of the sentence or punishment prescribed for the offense.
The weight of any controlled substance in this subsection includes the substance in pure form or any compound or mixture of the substance.
The offense of possession with intent to distribute described in Section 44-53-370(a) is a lesser included offense to the offenses of trafficking based upon possession described in this subsection."
SECTION 2. Section 44-53-375 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 44-53-375. (A) A person possessing or attempting to possess less than one gram of ice, crank, or crack cocaine, as defined in Section 44-53-110,:
(1) for a first offense, is guilty of a felony and, upon conviction for a first offense, must be imprisoned not more than five years and fined not less than five thousand dollars. For a first offense the court, upon approval of the solicitor, may require as part of a sentence, that the offender enter and successfully complete a drug treatment and rehabilitation program.;
(2) for a second offense or if, in the case of a first conviction of a violation of this section, the offender has been convicted of any of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than ten years and fined not less than ten thousand dollars.;
(3) for a third or subsequent offense or if the offender has been convicted two or more times in the aggregate of any of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, the offender is guilty of a felony and, upon conviction, must be imprisoned not less than ten years nor more than fifteen years and fined not less than fifteen thousand dollars.
(B) A person who manufactures, distributes, dispenses, delivers, purchases, or otherwise aids, abets, attempts, or conspires to manufacture, distribute, dispense, deliver, or purchase, or possesses with intent to distribute, dispense, or deliver ice, crank, or crack cocaine, in violation of the provisions of Section 44-53-370, is guilty of a felony and, upon conviction:
(1) for a first offense, must be sentenced to a term of imprisonment of not more than fifteen years and fined not less than twenty-five thousand dollars;
(2) for a second offense or if, in the case of a first conviction of a violation of this section, the offender has been convicted of any of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, the offender must be imprisoned for a mandatory minimum term of not less than one year and not more than twenty-five years and fined not less than fifty thousand dollars;
(3) for a third or subsequent offense or if the offender has been convicted two or more times in the aggregate of any violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, the offender must be imprisoned for a mandatory minimum term of not less than five years and not more than thirty years and fined not less than one hundred thousand dollars.
Possession of one or more grams of ice, crank, or crack cocaine is prima facie evidence of a violation of this subsection.
(C) A person who knowingly sells, manufactures, delivers, purchases, or brings into this State, or who provides financial assistance or otherwise aids, abets, attempts, or conspires to sell, manufacture, deliver, purchase, or bring into this State, or who is knowingly in actual or constructive possession or who knowingly attempts to become in actual or constructive possession of ten grams or more of ice, crank, or crack cocaine, as defined and otherwise limited in Sections 44-53-110, 44-53-210(b)(4), 44-53-210(d)(1), or 44-53-210(d)(2), is guilty of a felony which is known as `trafficking in ice, crank, or crack cocaine' and, upon conviction, must be punished as follows if the quantity involved is:
(1) ten grams or more, but less than twenty-eight grams:
(a) for a first offense, a mandatory minimum term of imprisonment of not less than three years nor more than ten years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;
(b) for a second offense or if, in the case of a first conviction of a violation of this section, the offender has been convicted of any of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, a mandatory minimum term of imprisonment of not less than five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;
(c) for a third or subsequent offense or if the offender has been convicted two or more times in the aggregate of any of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, a mandatory minimum term of imprisonment of not less than twenty-five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;
(2) twenty-eight grams or more, but less than one hundred grams:
(a) for a first offense, a mandatory minimum term of imprisonment of not less than seven years nor more than twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;
(b) for a second offense or if, in the case of a first conviction of a violation of this section, the offender has been convicted of any of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, a mandatory minimum term of imprisonment of not less than seven years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;
(c) for a third or subsequent offense or if the offender has been convicted two or more times in the aggregate of any of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, a mandatory minimum term of imprisonment of not less than twenty-five years and not more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;
(3) one hundred grams or more, but less than two hundred grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;
(4) two hundred grams or more, but less than four hundred grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of one hundred thousand dollars;
(5) four hundred grams or more, a term of imprisonment of not less than twenty-five years nor more than thirty years with a mandatory minimum term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars.
(D) Except for a first offense, as provided in subsection (A) of this section, sentences for violation of the provisions of this section may not be suspended and probation may not be granted. A person convicted and sentenced under this section to a mandatory minimum term of imprisonment of twenty-five years or a mandatory term of twenty-five years or more is not eligible for parole, extended work release, as provided for in Section 24-13-610, or supervised furlough, as provided for in Section 24-13-710. Notwithstanding Section 44-53-420, a person convicted of conspiracy pursuant to this subsection must be sentenced as provided in this section with a full sentence or punishment and not one-half of the sentence or punishment prescribed for the offense."
SECTION 3. Section 16-1-60 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-1-60. (A) For purposes of definition under South Carolina law a violent crime includes the offenses of murder (Section 16-3-10); criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors (Section 16-3-655); assault with intent to commit criminal sexual conduct (Section 16-3-656); assault and battery with intent to kill (Section 16-3-620); kidnapping (Section 16-3-910); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330); drug trafficking as defined in Section Sections 44-53-370(e) and 44-53-375(C); arson in the first degree (Section 16-11-310(A)); burglary in the first degree (Section 16-11-311); and burglary in the second degree (Section 16-11-312(B)).
(B) For a person to be considered guilty of a violent crime, the offense must be defined as a violent crime pursuant to subsection (A) at the time of the commission of the crime."
SECTION 4. A. Section 44-53-370(e)(1)(a)1. of the 1976 Code is amended to read:
"1. for a first offense, a mandatory minimum term of imprisonment of not less than one year nor more than ten years, no part of which may be suspended nor probation granted, and a fine of ten thousand dollars;"
B. Section 44-53-370(e)(1)(a)2. of the 1976 Code is amended to read:
"2. for a second offense, a mandatory minimum term of imprisonment of not less than five years nor more than twenty years, no part of which may be suspended nor probation granted, and a fine of fifteen thousand dollars;"
C. Section 44-53-370(e)(2)(a)1. of the 1976 Code is amended to read:
"1. for a first offense, a mandatory minimum term of imprisonment of not less than three years nor more than ten years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;"
D. Section 44-53-370(e)(2)(a)2. of the 1976 Code is amended to read:
"2. for a second offense, a mandatory minimum term of imprisonment of not less than five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;"
E. Section 44-53-370(e)(2)(b)1. of the 1976 Code is amended to read:
"1. for a first offense, a mandatory minimum term of imprisonment of not less than seven years nor more than twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;"
F. Section 44-53-370(e)(2)(b)2. of the 1976 Code is amended to read:
"2. for a second offense, a mandatory minimum term of imprisonment of not less than seven years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;"
G. Section 44-53-370(e)(3)(a)1. of the 1976 Code is amended to read:
"1. for a first offense, a mandatory minimum term of imprisonment of not less than seven years nor more than twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;"
H. Section 44-53-370(e)(4)(a)1. of the 1976 Code is amended to read:
"1. for a first offense, a mandatory minimum term of imprisonment of not less than one year nor more than ten years, no part of which may be suspended nor probation granted, and a fine of ten thousand dollars;"
I. Section 44-53-370(e)(5)(a)1. of the 1976 Code is amended to read:
"1. for a first offense, a mandatory minimum term of imprisonment of not less than three years nor more than ten years, no part of which may be suspended nor probation granted, and a fine of twenty thousand dollars;"
J. Section 44-53-370(e)(5)(a)2. of the 1976 Code is amended to read:
"2. for a second offense, a mandatory minimum term of imprisonment of not less than five years nor more than thirty years, no part of which may be suspended or probation granted, and a fine of forty thousand dollars;"
K. Section 44-53-370(e)(5)(b)1. of the 1976 Code is amended to read:
"1. for a first offense, a mandatory minimum term of imprisonment of not less than seven years not more than twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;"
L. Section 44-53-370(e)(5)(b)2. of the 1976 Code is amended to read:
"2. for a second offense, a mandatory minimum term of imprisonment of not less than seven years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;"
SECTION 5. Section 24-13-40 of the 1976 Code is amended to read:
"Section 24-13-40. The computation of the time served by prisoners under sentences imposed by the courts of this State shall must be reckoned from the date of the imposition of the sentence. But when (a)(1) a prisoner shall have has given notice of intention to appeal, (b)(2) the commencement of the service of the sentence follows the revocation of probation, or (c)(3) the court shall have has designated a specific time for the commencement of the service of the sentence, the computation of the time served shall must be reckoned from the date of the commencement of the service of the sentence. In every case in computing the time served by a prisoner, full credit against the sentence shall must be given for time served prior to before trial and sentencing. The sheriff of the county, the person in charge of the jail, or the jailer in the municipality must provide this information to the Department of Corrections and the Department of Probation, Parole and Pardon Services. Provided, however, that Credit for time served prior to before trial and sentencing shall must not be given: (1) when the prisoner, at the time he was imprisoned prior to before trial, was an escapee from another penal institution;. or (2) When the prisoner is serving a sentence for one offense and is awaiting trial and sentence for a second offense in which case he shall not receive credit for time served prior to before trial in as a reduction of his sentence for the second offense."
SECTION 6. This act takes effect upon approval by the Governor.