S*0651(Rat #0321, Act #0311 of 1988)  General Bill, By T.E. Smith, Bryan, 
J.C. Hayes and Peeler

Similar(H 2998)
 A Bill to amend Section 44-23-1080, Code of Laws of South Carolina, 1976,
 relating to the prohibition against furnishing a patient or prisoner under
 jurisdiction of the South Carolina Department of Mental Health with any matter
 declared contraband, so as to make it unlawful for any person to intentionally
 or negligently allow a patient or prisoner to have access to alcoholic
 beverages, firearms, dangerous weapons, or controlled substances as defined in
 Section 44-53-110 and to add to the list of crimes classified as felonies a
 felony added by the provisions of this Act.-amended title

   04/14/87  Senate Introduced and read first time SJ-1273
   04/14/87  Senate Referred to Committee on Medical Affairs SJ-1273
   05/14/87  Senate Committee report: Favorable with amendment
                     Medical Affairs SJ-1848
   05/26/87  Senate Amended SJ-2344
   05/26/87  Senate Read second time SJ-2346
   05/27/87  Senate Read third time and sent to House SJ-2377
   05/28/87  House  Introduced and read first time HJ-3309
   05/28/87  House  Referred to Committee on Judiciary HJ-3310
   01/12/88  House  Committee report: Favorable Judiciary HJ-221
   01/13/88  House  Read second time HJ-351
   01/14/88  House  Read third time and enrolled HJ-411
   01/26/88  House  Recalled from Legislative Council HJ-552
   01/27/88  House   Reconsider vote whereby read 3rd time and
                     enrolled HJ-670
   01/27/88  House  Amended HJ-671
   01/27/88  House   Read third time HJ-672
   01/27/88  House  Returned HJ-672
   02/03/88  Senate Concurred in House amendment and enrolled SJ-17
   02/18/88         Ratified R 321
   02/24/88         Signed By Governor
   02/24/88         Effective date 02/24/88
   02/24/88         Act No. 311
   03/08/88         Copies available

AN ACT TO AMEND SECTION 44-23-1080, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST FURNISHING A PATIENT OR PRISONER UNDER JURISDICTION OF THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH WITH ANY MATTER DECLARED CONTRABAND, SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON TO INTENTIONALLY OR NEGLIGENTLY ALLOW A PATIENT OR PRISONER TO HAVE ACCESS TO ALCOHOLIC BEVERAGES, FIREARMS, DANGEROUS WEAPONS, OR CONTROLLED SUBSTANCES AS DEFINED IN SECT&ON 44-53-110 AND TO ADD TO THE LIST OF CRIMES CLASSIFIED AS FELONIES A FELONY ADDED BY THE PROVISIONS OF THIS ACT.

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

Patient or prisoner denied access to alcoholic beverages, etc.

SECTION 1. Section 44-23-1080 of the 1976 Code is amended to read:

"Section 44-23-1080. No patient or prisoner under the jurisdiction of the South Carolina Department of Mental Health is allowed access to alcoholic beverages, firearms, dangerous weapons, or controlled substances as defined by

Section 44-53-110. Any person who intentionally or negligently allows patients or prisoners of the department access to these items or who attempts to furnish these items to patients or prisoners of the department is guilty:

(1) in the case of alcoholic beverages or controlled substances, of a misdemeanor and, upon conviction, must be punished by a fine of not less than one hundred dollars nor more than ten thousand dollars or imprisonment for not less than thirty days nor more than ten years, or both; and

(2) in the case of firearms or dangerous weapons, of a felony and, upon conviction, must be punished by a fine of not less than one thousand dollars nor more than ten thousand dollars or imprisonment for not less than one year nor more than ten years, or both."

Crime added to list of felonies

SECTION 2. In addition to the crimes classified as felonies in Section 16-1-10 of the 1976 Code, any violation of Section 44-23-1080(2) added by Section 1 of this act is a felony.

Time effective

SECTION 3. This act takes effect upon approval by the Governor.