| Printed Page 1370, Feb. 3 | Printed Page 1390, Feb. 3 |

The following Bills were taken up, read the third time, and ordered sent to the Senate.

H. 4600 -- Reps. Littlejohn, Walker, Allison, Davenport, D. Smith, Vaughn, Beatty, Lanford and D. Wilder: A BILL TO PROVIDE THAT THE ACTIONS TAKEN BY THE SPARTANBURG COUNTY BOARD OF EDUCATION IN REGARD TO ITS POWER AND DUTY OF CONSOLIDATING AND FIXING THE BOUNDARIES OF THE SEVERAL SCHOOL DISTRICTS WITHIN SPARTANBURG COUNTY AS PROVIDED BY LAW SHALL BE TAKEN WITH THE ADVICE AND CONSENT OF THE BOARD OF TRUSTEES OF ANY AFFECTED SCHOOL DISTRICT.

H. 4605 -- Reps. Wells, Allison, Littlejohn, D. Smith, Walker, Lanford and Davenport: A BILL TO PROVIDE THAT THE MEMBERS OF THE SPARTANBURG MEMORIAL AUDITORIUM COMMISSION MUST BE APPOINTED BY THE SPARTANBURG COUNTY COUNCIL PURSUANT TO SECTION 4-9-170 OF THE 1976 CODE.

H. 4391 -- Reps. Lanford, Harvin, Littlejohn, D. Wilder, Fulmer, Cromer, Allison, Inabinett, Wilkes, Waldrop, J. Brown and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-225 SO AS TO REQUIRE THE STATE TO FURNISH A BULLETPROOF VEST TO EACH LAW ENFORCEMENT OFFICER UPON SUCCESSFUL COMPLETION OF THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING SCHOOL PROGRAM.

H. 4542 -- Reps. Stuart, Sturkie, Gamble, Koon, Spearman and Riser: A BILL TO AMEND ACT 218 OF 1993, RELATING TO THE ELECTION OF MEMBERS OF BOARDS OF TRUSTEES OF SCHOOL DISTRICTS IN LEXINGTON COUNTY IN NONPARTISAN ELECTIONS, SO AS TO PROVIDE THAT ALL PERSONS DESIRING TO QUALIFY AS A CANDIDATE SHALL FILE WRITTEN NOTICE OF CANDIDACY WITH THE COUNTY ELECTION COMMISSION BY SEPTEMBER FIRST BUT NOT EARLIER THAN AUGUST FIRST OF THE YEAR IN WHICH THE ELECTION IS TO BE CONDUCTED.

The following Bill was taken up.

H. 4581 -- Reps. R. Smith, Sharpe, Stone, Huff and Rudnick: A BILL TO AMEND SECTION 7-7-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN AIKEN COUNTY, SO AS TO REDESIGNATE AND ADD NEW PRECINCTS, PROVIDE THAT THE PRECINCTS ARE AS SHOWN ON AN OFFICIAL MAP ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS MUST BE ESTABLISHED BY THE AIKEN COUNTY BOARD OF ELECTIONS AND REGISTRATION WITH THE APPROVAL OF A MAJORITY OF THE AIKEN COUNTY LEGISLATIVE DELEGATION.

Rep. R. SMITH moved to table the Bill, which was agreed to.

Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, February 8, which was adopted.

H. 4140 -- Rep. Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 24-13-100, 24-13-150, AND 24-13-175 SO AS TO PROVIDE FOR ELIGIBILITY FOR WORK RELEASE, EARLY RELEASE, AND COMPENSATION OF TIME; TO AMEND SECTIONS 16-3-20, AS AMENDED, 16-3-625, 16-3-1260, 16-11-311, 16-11-330, AND 16-11-340, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO PROVIDE FOR TRUTH IN SENTENCING, DELETE ELIGIBILITY FOR PAROLE, AND PROVIDE A NAME CHANGE FOR THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES; AND TO REPEAL SECTIONS 24-3-40, 24-3-50, 24-13-60, 24-13-210, 24-13-220, AND 24-13-270, AND ARTICLE 7, CHAPTER 21, TITLE 24, RELATING TO WAGES OF PRISONERS, WORK RELEASE OF PRISONERS, AND COMPUTATION OF TIME FOR RELEASE OF PRISONERS.

The following Bill was taken up.

H. 4350 -- 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: A BILL 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.

The Medical, Military, Public & Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3143AL.94), which was adopted.

Amend the bill, as and if amended, by striking Section 44-53-375(A)(3) and inserting:

/(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

Amend further by striking Section 44-53-375(C)(1)(c) and inserting:

/(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;/

Amend further by striking Section 44-53-375(C)(2)(c) and inserting:

/(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;/

When amended Section 44-53-375 reads:

"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

(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 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 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 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

(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 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 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

(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."/

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

Rep. RUDNICK moved to adjourn debate upon the Bill, which was rejected.

Rep. MARTIN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\DKA\3197AL.94), which was adopted.

Amend the bill, as and if amended, Section 44-53-375, SECTION 2, by striking subsection (D) and inserting:

/(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./

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

Amend the report, as and if amended, Section 44-53-375(B)(2), page [4350-3], by inserting after /for/ on line 44 /a mandatory minimum term of not less than one year and/.

Amend the report further, Section 44-53-375(B)(3), page [4350-4], by inserting after /for/ on line 9 /a mandatory minimum term of not less than five years and/.

Amend the report further, Section 44-53-375(C)(1)(a), page [4350-4], by inserting before /term/ on line 32 /mandatory minimum/.

Amend the report further, Section 44-53-375(C)(1)(b), page [4350-4], by inserting before /term/ on line 43 /mandatory minimum/.

Amend the report further, Section 44-53-375(C)(2)(a), page [4350-5], by inserting before /term/ on line 15 /mandatory minimum/.
Amend the report further, Section 44-53-375(C)(2)(b), page [4350-5], by inserting before /term/ on line 26 /mandatory minimum/.

Amend title to conform.

Rep. HARRELL explained the amendment.

The amendment was then adopted.

Rep. HARRELL proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\DKA\3215SD.94), which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION __. 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:

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

Renumber sections to conform.

Amend title to conform.

Rep. HARRELL explained the amendment.

The amendment was then adopted.

Rep. RUDNICK proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\DKA\3201AL.94), which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION __. 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."/

Renumber sections to conform.

Amend title to conform.

Rep. RUDNICK explained the amendment.

The amendment was then adopted.

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