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Indicates Matter Stricken
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Sponsors: Rep. G.M. Smith
Document Path: l:\council\bills\swb\5110cm03.doc
Companion/Similar bill(s): 145, 3453
Introduced in the House on January 16, 2003
Introduced in the Senate on April 15, 2003
Last Amended on April 10, 2003
Currently residing in the Senate
Summary: Drug paraphernalia
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/16/2003 House Introduced and read first time HJ-233 1/16/2003 House Referred to Committee on Judiciary HJ-233 4/9/2003 House Committee report: Favorable Judiciary HJ-9 4/10/2003 House Amended HJ-23 4/10/2003 House Read second time HJ-24 4/10/2003 House Unanimous consent for third reading on next legislative day HJ-24 4/11/2003 House Read third time and sent to Senate HJ-4 4/14/2003 Scrivener's error corrected 4/15/2003 Senate Introduced and read first time SJ-49 4/15/2003 Senate Referred to Committee on Judiciary SJ-49 3/30/2004 Senate Committee report: Favorable with amendment Judiciary SJ-11 3/31/2004 Scrivener's error corrected
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
Indicates Matter Stricken
Indicates New Matter
March 30, 2004
S. Printed 3/30/04--S. [SEC 3/31/04 3:54 PM]
Read the first time April 15, 2003.
To whom was referred a Bill (H. 3332) to amend Section 44-53-391, Code of Laws of South Carolina, 1976, relating to the unlawful advertisement for sale, manufacture, sale, delivery, or possession with intent to sell or deliver paraphernalia, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, page 2, beginning on line 15, in Section 44-53-391(C), as contained in SECTION 1, by striking subsection (C) in its entirety and inserting therein the following:
(c)(C) Any A person found guilty of who is convicted of or pleads guilty or nolo contendere to violating the provisions of this section shall be subject to a civil fine of is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars, or imprisoned not more than thirty days, or both. except that a corporation shall be subject to a civil fine of not more than fifty thousand dollars. Imposition of such fine shall not give rise to any disability or legal disadvantage based on conviction for a criminal offense.
(D) The Department of Motor Vehicles must not suspend the driver's license of a person who is convicted of or pleads guilty or nolo contendere to a violation of this section." /
Renumber sections to conform.
Amend title to conform.
JOHN M. KNOTTS, JR. for Committee.
TO AMEND SECTION 44-53-391, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL ADVERTISEMENT FOR SALE, MANUFACTURE, SALE, DELIVERY, OR POSSESSION WITH INTENT TO SELL OR DELIVER PARAPHERNALIA, SO AS TO MAKE TECHNICAL CHANGES, AND TO REVISE THE PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-53-391 of the 1976 Code is amended to read:
(a)(A) It shall be is unlawful for any a person to advertise for sale, manufacture, possess, sell or deliver, or to possess with the intent to deliver, or sell paraphernalia.
(b)(B) In determining whether an object is paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors, the following shall consider:
(1) statements by an owner or by anyone in control of the object concerning its use;
(2) the proximity of the object to controlled substances;
(3) the existence of any residue of controlled substances on the object;
(4) direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of law
;. The innocence of an owner, or of anyone in control of the object, as to a direct violation of law shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;
(5) instructions, oral or written, provided with the object concerning its use;
(6) descriptive materials accompanying the object which explain or depict its use;
(7) national and local advertising concerning its use;
(8) the manner in which the object is displayed for sale;
(9) whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
(10) direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;
(11) the existence and scope of legitimate uses for the object in the community; and
(12) expert testimony concerning its use.
(c)(C) Any A person who is convicted of, pleads guilty to, or pleads nolo contendere to found guilty of violating the provisions of this section shall be subject to a civil fine of is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars, or imprisoned not more than thirty days, or both. except that A corporation shall be is subject to a civil fine of not more than fifty thousand dollars . Imposition of such fine which shall may not give rise to any disability or legal disadvantage based on a conviction for a criminal offense."
SECTION 2. This act takes effect upon approval by the Governor.
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