Current Amendment: 2 to Bill 183
Senator Hutto proposes the following amendment (SJ-183.MB0002S):
Amend the bill, as and if amended, by deleting SECTION 1 from the bill.
Amend the bill further, SECTION 2, by striking the first undesignated paragraph and inserting:
Section 16-3-
8065. Drug-induced homicide.
Amend the bill further, by adding an appropriately numbered SECTION to read:
SECTION X. Chapter 3, Title 16 of the S.C. Code is amended by adding:
Section 16-3-65. (A) A person who knowingly sells, manufactures, cultivates, delivers, purchases or brings into this State, or who provides financial assistance for the purpose of unlawful drug activity or otherwise directs the sale, manufacture, cultivation, delivery, or purchase of a controlled substance in violation of the provisions of Section 44-53-370 or 44-53-375 commits the felony offense of drug-induced homicide if the proximate cause of the death of any other person is the injection, inhalation, absorption, or ingestion of any amount of the controlled substance.
(B) A person convicted of drug-induced homicide pursuant to the provisions of this section must be imprisoned not more than thirty years.
(C) It is not a defense pursuant to this section that a decedent contributed to his own death by his purposeful, knowing, reckless, or negligent injection, inhalation, absorption, or ingestion of the controlled substance or by his consenting to the administration of the controlled substance by another person, unless there exists clear and convincing evidence that the decedent intended to commit suicide. This section does not prohibit a person from being arrested, charged, or prosecuted for any other applicable offense, whether or not the offense arises from the same circumstances as provided in this section.
(D) A person who knowingly injects, inhales, absorbs, or ingests any amount of a controlled substance along with a consenting person, which is the proximate cause of the death of the consenting person, shall not be prosecuted under this section.
Renumber sections to conform.
Amend title to conform.