H 3137 General Bill, By H.H. Clyborne
 A Bill to amend Section 44-53-375, as amended, Code of Laws of South Carolina,
 1976, relating to penalties for ice, crank, or crack cocaine violations, so as
 to provide penalties for the possession or attempted possession of one gram or
 more of ice, crank, or crack cocaine.

   12/27/90  House  Prefiled
   12/27/90  House  Referred to Committee on Judiciary
   01/08/91  House  Introduced and read first time HJ-76
   01/08/91  House  Referred to Committee on Judiciary HJ-77

A BILL

TO AMEND SECTION 44-53-375, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR ICE, CRANK, OR CRACK COCAINE VIOLATIONS, SO AS TO PROVIDE PENALTIES FOR THE POSSESSION OR ATTEMPTED POSSESSION OF ONE GRAM OR MORE OF ICE, CRANK, OR CRACK COCAINE.

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

SECTION 1. Section 44-53-375 of the 1976 Code, as last amended by Act 604 of 1990, is further amended to read:

"Section 44-53-375. (A)(1) Any A person possessing or attempting to possess less than one gram of ice, crank, or crack cocaine, as defined in Section 44-53-110, is guilty of a misdemeanor and, upon conviction for a first offense, must be imprisoned for a term of not less than two years nor more than five years and fined not less than five thousand dollars. For a first offense, the court may, upon approval of the solicitor, may require as part of any a sentence, that the offender enter and successfully complete a drug treatment and rehabilitation program. For a second offense, the offender is guilty of a felony and, upon conviction, must be imprisoned for not less than four years nor more than seven years and fined not less than ten thousand dollars. For a third or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned for not less than ten years nor more than fifteen years and fined not less than fifteen thousand dollars.

(2) A person possessing or attempting to possess one gram or more of ice, crank, or crack cocaine, as defined in Section 44-53-110, is guilty of a felony and, upon conviction for a first offense, must be imprisoned for not less than five years nor more than ten years and fined not less than fifteen thousand dollars. For a second offense or if, in the case of a first conviction under this section, the offender has been convicted under a law of the United States or of a state, territory, or district relating to narcotic drugs, the offender must be imprisoned for not less than fifteen years nor more than twenty years and fined not less than twenty-five thousand dollars. For a third or subsequent offense or if the offender has been convicted two or more times in the aggregate of a violation of the laws of the United States or of a state, territory, or district relating to narcotic drugs, the offender must be imprisoned for not less than twenty-five years nor more than thirty years and fined not less than fifty thousand dollars.

(B) Any 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, for a first offense, must be sentenced to a term of imprisonment of not less than fifteen years nor more than twenty years and fined not less than twenty-five thousand dollars. For a second offense or if, in the case of a first conviction of a violation of under this section or in violation of Section 44-53-370, the offender has been convicted of under any of the laws a law of the United States or of any a state, territory, or district relating to narcotic drugs, the offender must be imprisoned for not less than twenty-five years nor more than thirty years and fined not less than fifty thousand dollars. For a third or subsequent offense or if the offender has been convicted two or more times in the aggregate of any a violation of the laws of the United States or of any a state, territory, or district relating to narcotic drugs, the offender must be imprisoned for not less than thirty years nor more than forty 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 Section 44-53-370, as referenced in this subsection.

(C) Any 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 one hundred grams or more of ice, crank, or crack cocaine, as defined and otherwise limited in Section 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 by a mandatory term of imprisonment of twenty-five years and a fine of fifty thousand dollars.

(D) Except for a first offense, as provided in subsection (A)(1) of this section, sentences for violation of the provisions of convictions under this section may not be suspended and probation may not be granted."

SECTION 2. The amendment to Section 44-53-375 contained in Section 1 of this act applies only to persons arrested, charged, or indicted on or after the effective date of this act.

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