H*4114(Rat #0650, Act #0565 of 1988)  General Bill, By Wilkins and T.E. Huff
 A Bill to amend Section 44-53-370, Code of Laws of South Carolina, 1976,
 relating to the penalties for certain drug offenses, so as to revise and
 increase the penalties for trafficking in certain drugs and to clarify certain
 mandatory minimum sentencing provisions and sentencing provisions for
 conspiracy to commit these offenses.-amended title

   04/07/88  House  Introduced and read first time HJ-2559
   04/07/88  House  Referred to Committee on Judiciary HJ-2559
   04/20/88  House  Committee report: Favorable with amendment
                     Judiciary HJ-3065
   04/27/88  House  Special order, set for following consideration of
                     S. 1140 (Under H 4217) HJ-3361
   04/27/88  House  Amended HJ-3375
   04/27/88  House  Read second time HJ-3379
   04/27/88  House  Unanimous consent for third reading on next
                     legislative day HJ-3380
   04/28/88  House  Read third time and sent to Senate HJ-3421
   04/28/88  Senate Introduced and read first time SJ-20
   04/28/88  Senate Referred to Committee on Judiciary SJ-20
   05/12/88  Senate Committee report: Favorable Judiciary SJ-15
   05/18/88  Senate Read second time SJ-22
   05/18/88  Senate Ordered to third reading with notice of
                     amendments SJ-22
   05/19/88  Senate Read third time and enrolled SJ-7
   05/24/88         Ratified R 650
   05/29/88         Signed By Governor
   05/29/88         Effective date 07/01/88
   05/29/88         Act No. 565
   06/17/88         Copies available

AN ACT TO AMEND SECTION 44-53-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR CERTAIN DRUG OFFENSES, SO AS TO REVISE AND INCREASE THE PENALTIES FOR TRAFFICKING IN CERTAIN DRUGS AND TO CLARIFY CERTAIN MANDATORY MINIMUM SENTENCING PROVISIONS AND SENTENCING PROVISIONS FOR CONSPIRACY TO COMMIT THESE OFFENSES.

Be it enacted by the General Assembly of the State of South Carolina:

Penalties revised and increased

SECTION 1. Section 44-53-370(e) of the 1976 Code is amended to read:

"(e) Any person who knowingly sells, manufactures, delivers, or brings into this State, or who provides financial assistance or otherwise aids, abets, or conspires to sell, manufacture, deliver, or bring into this State, or who is knowingly in actual or constructive possession of:

(1) ten pounds or more of marijuana is guilty of a felony which is known as "trafficking in marijuana" and, upon conviction, must be punished as follows if the quantity involved is:

(a) ten pounds or more, but less than one hundred pounds:

1. for a first offense, a 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;

2. for a second offense, a 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;

3. for a third or subsequent offense, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars,

(b) one hundred pounds or more, but less than two thousand pounds, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars,

(c) two thousand pounds or more, but less than ten thousand pounds, 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,

(d) ten thousand pounds 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.

(2) ten grams or more of cocaine or any mixtures containing cocaine, as provided in Section 44-53-210(b)(4) is guilty of a felony which is known as 'trafficking in cocaine' and, upon conviction, must be punished as follows if the quantity involved is:

(a) ten grams or more, but less than twenty-eight grams:

1. 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;

2. for a second offense, a 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;

3. for a third or subsequent offense, 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,

(b) twenty-eight grams or more, but less than one hundred grams:

1. 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;

2. for a second offense, 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;

3. for a third or subsequent offense, 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,

(c) 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,

(d) 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,

(e) 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.

(3) four grams or more of any morphine, opium, salt, isomer, or salt of an isomer thereof, including heroin, as described in Section 44-53-190 or Section 44-53-210, or four grams or more of any mixture containing any of these substances is guilty of a felony which is known as 'trafficking in illegal drugs' and, upon conviction, must be punished as follows if the quantity involved is:

(a) four grams or more, but less than fourteen grams:

1. 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;

2. for a second or subsequent offense, a mandatory minimum 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,

(b) fourteen grams or more but less than twenty-eight grams, a mandatory 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,

(c) twenty-eight grams or more, a mandatory term of imprisonment of not less than twenty-five years nor more than forty years no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars.

(4) fifteen grams or more of methaqualone is guilty of a felony which is known as 'trafficking in methaqualone' and, upon conviction, must be punished as follows if the quantity involved is:

(a) fifteen grams but less than one hundred fifty grams:

1. for a first offense, a 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;

2. for a second or subsequent offense, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars,

(b) one hundred fifty grams but less than fifteen 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 twenty-five thousand dollars,

(c) fifteen hundred grams but less than fifteen kilograms, 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,

(d) fifteen kilograms 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.

(5) Any person convicted and sentenced under Section 44-53-370(e) 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 person convicted of conspiracy pursuant to Section 44-53-370(e) must be sentenced as provided herein 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."

Savings clause

SECTION 2. All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this act takes effect are saved and may be consummated according to the law in force when they are commenced. This act may not be construed to affect any prosecution pending or begun before the effective date of this act.

Time effective

SECTION 3. This act takes effect July 1, 1988.