H*4360 Session 108 (1989-1990)
H*4360(Rat #0745, Act #0604 of 1990) General Bill, By Hayes
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
44-53-392 so as to provide that the weight of a controlled substance is the
weight of that substance in pure form or any compound or mixture of it; to add
Section 44-53-475 so as to make it unlawful to conduct or attempt to conduct a
financial transaction or transport, transmit, or transfer or attempt to
transport, transmit, or transfer a monetary instrument or funds from a place
in this State to or through a place outside the United States with the intent
to promote or carry on an unlawful activity relating to narcotic drugs or
controlled substances, or to conceal or disguise the nature, location, source,
ownership, or control of the proceeds of the unlawful activity, and to provide
a penalty for violation; to add Section 44-53-577 so as to make it unlawful
for a person who is seventeen years of age or older to knowingly and
intentionally use or otherwise employ or conspire with a person under the age
of seventeen years to violate the provisions of Section 44-53-370 or
44-53-375(B), or receive a controlled substance from a person under the age of
seventeen years, and to provide a penalty for violation; to amend Section
16-3-20, relating to the punishment for murder, so as to add drug trafficking
to the list of crimes which are aggravating circumstances when a murder is
committed during the commission of that crime; to amend Section 44-53-110, as
amended, relating to definitions used in connection with narcotics and
controlled substances, so as to define "ice" and "crank"; to amend Section
44-53-370, as amended, relating to penalties for certain drug offenses, so as
to make it unlawful to deliver, purchase, aid, abet, attempt, or conspire to
manufacture, distribute, dispense, deliver, or purchase a controlled substance
in addition to the existing prohibition, and to make it unlawful to have
actual or constructive possession of certain numbers of marijuana plants and
to provide penalties for violations; to amend Section 44-53-375, relating to
the unlawful possession of crack cocaine, the unlawful manufacture,
distribution, or possession with intent to distribute crack cocaine, and
penalties for violations, so as to include ice and crank and to make it a
crime for any person who knowingly sells, manufactures, delivers, purchases,
or brings into this State or provides financial assistance to aid or conspire
to sell, manufacture, or is in actual or constructive possession of certain
amounts of ice, crank, or crack cocaine is guilty of a felony to be known as
"trafficking in ice, crank, or crack cocaine" and to provide a penalty for
violation; to amend Section 44-53-520, relating to forfeiture of conveyances
used or intended to unlawfully conceal, contain, or transport controlled
substances or their compounds, so as to authorize the forfeiture of these
conveyances when used or intended for use to facilitate the unlawful
concealment, containment, or transportation of controlled substances in
violation of Section 44-53-370(a) and (e); to amend Section 44-53-530,
relating to forfeiture procedures and disposition of forfeited items and
proceeds of sales of property forfeited under the provisions of Section
44-53-520, so as to provide for the division of proceeds of forfeited property
if there is a dispute among the participating law enforcement agencies, delete
references to the disposition of property which may be determined by a judge,
provide for the disposition of property seized by a local law enforcement
agency and not transferred by the court to the agency, provide for the
retention of forfeited money and proceeds from the sale of forfeited property
by the governing body of the local law enforcement agency or by the State
Treasurer in the case of a state law enforcement agency, and provide for a
different formula for the disposition of all proceeds of property and cash
forfeited by consent order for the period beginning July 1, 1990, and ending
June 30, 1992, and suspending the application of Section 44-53-530 during that
period; to amend Section 56-1-745, relating to the requirement that a person's
driver's license must be suspended upon a controlled substance conviction, so
as to delete certain age restrictions with regard to the violation and provide
that the violation must be one under Chapter 53 of Title 44; to repeal
Sections 44-53-584 and 44-53-588 relating to the requirement that information
with respect to seized property be forwarded to the Attorney General and
Division of General Services and the disposition of proceeds from the sale of
forfeited items; and to provide that the forfeiture of property under Section
44-53-520 must be accompanied by petition of the Attorney General or circuit
solicitor, or his designee, to the court of common pleas for the jurisdiction
where the items were seized.-amended title
01/11/90 House Introduced and read first time HJ-16
01/11/90 House Referred to Committee on Judiciary HJ-17
02/28/90 House Committee report: Favorable Judiciary HJ-6
03/07/90 House Read second time HJ-38
03/08/90 House Read third time and sent to Senate HJ-11
03/13/90 Senate Introduced and read first time SJ-26
03/13/90 Senate Referred to Committee on Judiciary SJ-27
05/16/90 Senate Committee report: Favorable with amendment
Judiciary SJ-15
05/23/90 Senate Amended SJ-6
05/23/90 Senate Read second time SJ-15
05/23/90 Senate Ordered to third reading with notice of
amendments SJ-15
05/25/90 Senate Amended SJ-5
05/25/90 Senate Read third time and returned to House with
amendments SJ-20
05/29/90 House Non-concurrence in Senate amendment HJ-10
05/29/90 Senate Senate insists upon amendment and conference
committee appointed Sens. Holland, Stilwell, and
Bryan SJ-4
05/30/90 House Conference committee appointed Hayes, Nettles &
Huff HJ-2
06/05/90 Senate Free conference powers granted SJ-5
06/05/90 Senate Free conference committee appointed Sens.
Holland, Stilwell, Bryan SJ-6
06/05/90 House Free conference powers granted HJ-40
06/05/90 House Free conference committee appointed Hayes,
Nettles & Huff HJ-40
06/07/90 House Free conference report received and adopted HJ-14
06/07/90 Senate Free conference report received and adopted SJ-27
06/07/90 House Ordered enrolled for ratification HJ-31
06/19/90 Ratified R 745
06/25/90 Signed By Governor
06/25/90 Effective date 06/25/90
06/25/90 Act No. 604
06/25/90 See act for exception to or explanation of
effective date
07/25/90 Copies available
(A604, R745, H4360)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
SECTION 44-53-392 SO AS TO PROVIDE THAT THE WEIGHT OF A CONTROLLED
SUBSTANCE IS THE WEIGHT OF THAT SUBSTANCE IN PURE FORM OR ANY COMPOUND
OR MIXTURE OF IT; TO ADD SECTION 44-53-475 SO AS TO MAKE IT UNLAWFUL
TO CONDUCT OR ATTEMPT TO CONDUCT A FINANCIAL TRANSACTION OR TRANSPORT,
TRANSMIT, OR TRANSFER OR ATTEMPT TO TRANSPORT, TRANSMIT, OR TRANSFER A
MONETARY INSTRUMENT OR FUNDS FROM A PLACE IN THIS STATE TO OR THROUGH
A PLACE OUTSIDE THE UNITED STATES OR A PLACE IN THIS STATE FROM OR
THROUGH A PLACE OUTSIDE THE UNITED STATES WITH THE INTENT TO PROMOTE
OR CARRY ON AN UNLAWFUL ACTIVITY RELATING TO NARCOTIC DRUGS OR
CONTROLLED SUBSTANCES, OR TO CONCEAL OR DISGUISE THE NATURE, LOCATION,
SOURCE, OWNERSHIP, OR CONTROL OF THE PROCEEDS OF THE UNLAWFUL
ACTIVITY, AND TO PROVIDE A PENALTY FOR VIOLATION; TO ADD SECTION
44-53-577 SO AS TO MAKE IT UNLAWFUL FOR A PERSON WHO IS SEVENTEEN
YEARS OF AGE OR OLDER TO KNOWINGLY AND INTENTIONALLY USE OR OTHERWISE
EMPLOY OR CONSPIRE WITH A PERSON UNDER THE AGE OF SEVENTEEN YEARS TO
VIOLATE THE PROVISIONS OF SECTION 44-53-370 OR 44-53-375(B), OR
RECEIVE A CONTROLLED SUBSTANCE FROM A PERSON UNDER THE AGE OF
SEVENTEEN YEARS AND TO PROVIDE A PENALTY FOR VIOLATION; TO AMEND
SECTION 16-3-20, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO ADD
DRUG TRAFFICKING TO THE LIST OF CRIMES WHICH ARE AGGRAVATING
CIRCUMSTANCES WHEN A MURDER IS COMMITTED DURING THE COMMISSION OF THAT
CRIME; TO AMEND SECTION 44-53-110, AS AMENDED, RELATING TO DEFINITIONS
USED IN CONNECTION WITH NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO
DEFINE "ICE" AND "CRANK"; TO AMEND SECTION
44-53-370, AS AMENDED, RELATING TO PENALTIES FOR CERTAIN DRUG
OFFENSES, SO AS TO MAKE IT UNLAWFUL TO DELIVER, PURCHASE, AID, ABET,
ATTEMPT, OR CONSPIRE TO MANUFACTURE, DISTRIBUTE, DISPENSE, DELIVER, OR
PURCHASE A CONTROLLED SUBSTANCE IN ADDITION TO THE EXISTING
PROHIBITION, AND TO MAKE IT UNLAWFUL TO HAVE ACTUAL OR CONSTRUCTIVE
POSSESSION OF CERTAIN NUMBERS OF MARIJUANA PLANTS AND TO PROVIDE
PENALTIES FOR VIOLATIONS; TO AMEND SECTION 44-53-375, RELATING TO THE
UNLAWFUL POSSESSION OF CRACK COCAINE, THE UNLAWFUL MANUFACTURE,
DISTRIBUTION, OR POSSESSION WITH INTENT TO DISTRIBUTE CRACK COCAINE,
AND PENALTIES FOR VIOLATIONS, SO AS TO INCLUDE ICE AND CRANK AND TO
MAKE IT A CRIME FOR ANY PERSON WHO KNOWINGLY SELLS, MANUFACTURES,
DELIVERS, PURCHASES, OR BRINGS INTO THIS STATE OR PROVIDES FINANCIAL
ASSISTANCE TO AID OR CONSPIRE TO SELL, MANUFACTURE, OR IS IN ACTUAL OR
CONSTRUCTIVE POSSESSION OF CERTAIN AMOUNTS OF ICE, CRANK, OR CRACK
COCAINE IS GUILTY OF A FELONY TO BE KNOWN AS "TRAFFICKING IN ICE,
CRANK, OR CRACK COCAINE" AND TO PROVIDE A PENALTY FOR VIOLATION;
TO AMEND SECTION 44-53-520, RELATING TO FORFEITURE OF CONVEYANCES USED
OR INTENDED TO UNLAWFULLY CONCEAL, CONTAIN, OR TRANSPORT CONTROLLED
SUBSTANCES OR THEIR COMPOUNDS, SO AS TO AUTHORIZE THE FORFEITURE OF
THESE CONVEYANCES WHEN USED OR INTENDED FOR USE TO FACILITATE THE
UNLAWFUL CONCEALMENT, CONTAINMENT, OR TRANSPORTATION OF CONTROLLED
SUBSTANCES IN VIOLATION OF SECTION 44-53-370(a) AND (e); TO AMEND
SECTION 44-53-530, RELATING TO FORFEITURE PROCEDURES AND DISPOSITION
OF FORFEITED ITEMS AND PROCEEDS OF SALES OF PROPERTY FORFEITED UNDER
THE PROVISIONS OF SECTION 44-53-520, SO AS TO PROVIDE FOR THE DIVISION
OF PROCEEDS OF FORFEITED PROPERTY IF THERE IS A DISPUTE AMONG THE
PARTICIPATING LAW ENFORCEMENT AGENCIES, DELETE REFERENCES TO THE
DISPOSITION OF PROPERTY WHICH MAY BE DETERMINED BY A JUDGE, PROVIDE
FOR THE DISPOSITION OF PROPERTY SEIZED BY A LOCAL LAW ENFORCEMENT
AGENCY AND NOT TRANSFERRED BY THE COURT TO THE AGENCY, PROVIDE FOR
THE RETENTION OF FORFEITED MONEY AND PROCEEDS FROM THE SALE OF
FORFEITED PROPERTY BY THE GOVERNING BODY OF THE LOCAL LAW ENFORCEMENT
AGENCY OR BY THE STATE TREASURER IN THE CASE OF A STATE LAW
ENFORCEMENT AGENCY, AND PROVIDE FOR A DIFFERENT FORMULA FOR THE
DISPOSITION OF ALL PROCEEDS OF PROPERTY AND CASH FORFEITED BY CONSENT
ORDER FOR THE PERIOD BEGINNING JULY 1, 1990, AND ENDING JUNE 30,
1992, AND SUSPENDING THE APPLICATION OF SECTION 44-53-530 DURING THAT
PERIOD; TO AMEND SECTION 56-1-745, RELATING TO THE REQUIREMENT THAT A
PERSON'S DRIVER'S LICENSE MUST BE SUSPENDED UPON A CONTROLLED
SUBSTANCE CONVICTION, SO AS TO DELETE CERTAIN AGE RESTRICTIONS WITH
REGARD TO THE VIOLATION AND PROVIDE THAT THE VIOLATION MUST BE ONE
UNDER CHAPTER 53 OF TITLE 44; TO REPEAL SECTIONS 44-53-584 AND
44-53-588 RELATING TO THE REQUIREMENT THAT INFORMATION WITH
RESPECT TO SEIZED PROPERTY BE FORWARDED TO THE ATTORNEY GENERAL AND
DIVISION OF GENERAL SERVICES AND THE DISPOSITION OF PROCEEDS FROM
THE SALE OF FORFEITED ITEMS; AND TO PROVIDE THAT THE FORFEITURE OF
PROPERTY UNDER SECTION 44-53-520 MUST BE ACCOMPANIED BY PETITION OF
THE ATTORNEY GENERAL OR CIRCUIT SOLICITOR, OR HIS DESIGNEE, TO THE
COURT OF COMMON PLEAS FOR THE JURISDICTION WHERE THE ITEMS WERE
SEIZED.
Be it enacted by the General Assembly of the State of South Carolina:
Report
SECTION 1. Section 44-53-520(j) of the 1976 Code is amended to
read:
"(j) When property and monies of any value as defined in
this section or anything else of any value is seized, the law
enforcement agency making the seizure shall, within ten days or a
reasonable period of time after the seizure, submit a report to the
appropriate prosecution agency. The report shall provide the
following information with respect to the property seized:
(1) description;
(2) circumstances of seizure;
(3) present custodian and where the property is being
stored or its location;
(4) name of owner;
(5) name of lienholder, if any;
(6) seizing agency, and
(7) the type and quantity of the controlled substance
involved.
If the property is a conveyance, the report shall include:
(1) the make, model, serial number, and year of the
conveyance;
(2) the person in whose name the conveyance is registered;
and
(3) the name of any lienholders."
Petition
SECTION 2. Section 44-53-530 of the 1976 Code is amended to read:
"Section 44-53-530. (a) Forfeiture of property defined
in Section 44-53-520 must be accomplished by petition of the Attorney
General or his designee or the circuit solicitor or his designee to
the court of common pleas for the jurisdiction where the items were
seized. The petition must be submitted to the court within a
reasonable time period following seizure and shall set forth the facts
upon which the seizure was made. The petition shall describe the
property and include the names of all owners of record and lienholders
of record. The petition shall identify any other persons known to the
petitioner to have interests in the property. Petitions for the
forfeiture of conveyances shall also include the following
information: the make, model, and year of the conveyance, the person
in whose name the conveyance is registered, and the person who holds
the title to the conveyance. The petition shall set forth the type
and quantity of the controlled substance involved. A copy of the
petition must be sent to each law enforcement agency which has
notified the petitioner of its involvement in the seizure. Notice of
hearing or rule to show cause must be directed to all persons with
interests in the property listed in the petition including law
enforcement agencies which have notified the petitioner of their
involvement in the seizure.
Owners of record and lienholders of record may be served by certified
mail to the last known address as appears in the records of the
governmental agency which records the title or lien.
The judge shall determine whether the property is subject to
forfeiture and order the forfeiture confirmed. If the judge finds a
forfeiture, he shall then determine the lienholder's interest as
provided in this article. The judge shall determine whether any
property must be returned to a law enforcement agency pursuant to
Section 44-53-582.
If there is a dispute as to the division of the proceeds of
forfeited property among participating law enforcement agencies, this
issue must be determined by the judge. The proceeds from a sale of
property, conveyances, and equipment must be disposed of pursuant to
subsection (b) of this section.
All property, conveyances, and equipment which will not be
reduced to proceeds may be transferred to the law enforcement agency
or agencies or to the prosecution agency. Upon agreement of the law
enforcement agency or agencies and the prosecution agency, conveyances
and equipment may be transferred to any other appropriate agency or
agencies. Property transferred may not be used to supplant operating
funds within the current or future budgets.
Any forfeiture may be effected by consent order approved by the
court without filing or serving pleadings or notices provided that all
owners and other persons with interests in the property, including
participating law enforcement agencies, entitled to notice under this
section, except lienholders and agencies, consent to the forfeiture.
Disposition of the property may be accomplished by consent of the
petitioner and those agencies involved. Persons entitled to notice
under this section may consent to some issues and have the judge
determine the remaining issues.
(b) (1) If the property is seized by a state law enforcement
agency and is not transferred by the court to the seizing agency, the
judge shall order it transferred to the Division of General Services
for sale. Proceeds may be used by the division for payment of all
proper expenses of the proceedings for the forfeiture and sale of the
property, including the expenses of seizure, maintenance, and custody
and other costs incurred by the implementation of this section. The
net proceeds from any sale must be remitted to the State Treasurer as
provided in subsection (d) of this section. The Division of General
Services may authorize payment of like expenses in cases where monies,
negotiable instruments, or securities are seized and forfeited.
(2) If the property is seized by a local law enforcement
agency and is not transferred by the court to the agency, the judge
shall order it sold at public auction by the seizing agency as
provided by law. Notwithstanding any other provision of the law,
proceeds from the sale may be used by the agency for payment of all
proper expenses of the proceeding for the forfeiture and sale of the
property, including the expenses of the seizure, maintenance, and
custody and other costs incurred by the implementation of this
section. The net proceeds from the sale must be disposed of as
provided by this section.
(3) All real or personal property, conveyances, and
equipment of any value defined in Section 44-53-520, when reduced to
proceeds, any cash more than one thousand dollars, any negotiable
instruments, and any securities which are seized and forfeited must be
disposed of as follows:
(A) ninety percent to the law enforcement agency or
agencies; and
(B) ten percent must be remitted to the State
Treasurer and deposited to the credit of the general fund of the
State.
(c) The first one thousand dollars of any cash seized and
forfeited pursuant to this article remains with and is the property of
the law enforcement agency which effected the seizure.
(d) All forfeited monies and proceeds from the sale of forfeited
property as defined by Section 44-53-520 must be retained by the
governing body of the local law enforcement agency or, in the case of
a state law enforcement agency, by the State Treasurer, and deposited
and maintained in a separate, special account in the name of each
appropriate agency. These accounts may be drawn on and used only by
the law enforcement agency for drug enforcement activities. These
accounts may not be used to supplant operating funds within the
current or future budgets. Any expenditures from these accounts for
an item that would be a recurring expense to the governing body must
be approved by the governing body before the purchase or, in the case
of a state law enforcement agency, approved as provided by law. All
expenditures from these funds must be documented, and the
documentation must be available for audit purposes."
Petition
SECTION 3. (A) For the purpose of the disposition of property,
including cash, seized and forfeited pursuant to the provisions of
Sections 44-53-520 and 44-53-530 of the 1976 Code, from July 1, 1990,
through June 30, 1992, Section 44-53-530 of the 1976 Code does not
apply and subsection (B) of this section applies.
(B)(1) Forfeiture of property defined in Section 44-53-520 of
the 1976 Code must be accomplished by petition of the Attorney General
or his designee or the circuit solicitor or his designee to the court
of common pleas for the jurisdiction where the items were seized. The
petition must be submitted to the court within a reasonable time
period following seizure and shall set forth the facts upon which the
seizure was made. The petition shall describe the property and
include the names of all owners of record and lienholders of record.
The petition shall identify any other persons known to the petitioner
to have interests in the property. Petitions for the forfeiture of
conveyances shall also include the following information: the make,
model, and year of the conveyance, the person in whose name the
conveyance is registered, and the person who holds the title to the
conveyance. The petition shall set forth the type and quantity of the
controlled substance involved. A copy of the petition must be sent to
each law enforcement agency which has notified the petitioner of its
involvement in effecting the seizure.
Notice of hearing or rule to show cause must be directed to all
persons with interests in the property listed in the petition
including law enforcement agencies which have notified the petitioner
of their involvement in effecting the seizure. Owners of record and
lienholders of record may be served by certified mail, to the last
known address as appears in the records of the governmental agency
which records the title or lien.
The judge shall determine whether the property is subject to
forfeiture and order the forfeiture confirmed. If the judge finds a
forfeiture, he shall then determine the lienholder's interest as
provided in this article. The judge shall determine whether any
property must be returned to a law enforcement agency pursuant to
Section 44-53-582 of the 1976 Code.
If there is a dispute as to the division of the proceeds of
forfeited property among participating law enforcement agencies, this
issue must be determined by the judge. The proceeds from a sale of
property, conveyances, and equipment must be disposed of pursuant to
item (2) of this subsection.
All property, conveyances, and equipment which will not be
reduced to proceeds may be transferred to the law enforcement agency
or agencies or to the prosecution agency. Upon agreement of the law
enforcement agency or agencies and the prosecution agency, conveyances
and equipment may be transferred to any other appropriate agency.
Property transferred must not be used to supplant operating funds
within the current or future budgets.
(2) If the property is seized by a state law enforcement
agency and is not transferred by the court to the seizing agency, the
judge shall order it transferred to the Division of General Services
for sale. Proceeds may be used by the division for payment of all
proper expenses of the proceedings for the forfeiture and sale of the
property, including the expenses of seizure, maintenance, and custody
and other costs incurred by the implementation of this section. The
net proceeds from any sale must be remitted to the State Treasurer as
provided in item (7) of this subsection. The Division of General
Services may authorize payment of like expenses in cases where monies,
negotiable instruments, or securities are seized and forfeited.
(3) If the property is seized by a local law enforcement
agency and is not transferred by the court to the agency, the judge
shall order it sold at public auction by the seizing agency as
provided by law. Notwithstanding any other provision of the law,
proceeds from the sale may be used by the agency for payment of all
proper expenses of the proceeding for the forfeiture and sale of the
property, including the expenses of the seizure, maintenance, and
custody and other costs incurred by the implementation of this
section. The net proceeds from the sale must be disposed of as
provided by this section.
(4) Any forfeiture may be effected by consent order
approved by the court without filing or serving pleadings or notices
provided that all owners and other persons with interests in the
property, including participating law enforcement agencies, entitled
to notice under this section, except lienholders and agencies, consent
to the forfeiture. Disposition of the property may be accomplished by
consent of the petitioner and those agencies involved. Persons
entitled to notice under this section may consent to some issues and
have the judge determine the remaining issues.
All proceeds of property and cash forfeited by consent order must
be disposed of as provided in item (5) of this subsection.
(5) All real or personal property, conveyances, and
equipment of any value defined in Section 44-53-520 of the 1976 Code
when reduced to proceeds, any cash more than one thousand dollars, any
negotiable instruments, and any securities which are seized and
forfeited must be disposed of as follows:
(a) seventy-five percent to the law enforcement
agency or agencies;
(b) twenty percent to the prosecuting agency; and
(c) five percent must be remitted to the State
Treasurer and deposited to the credit of the general fund of the
State.
(6) The first one thousand dollars of any cash seized and
forfeited pursuant to this article remains with and is the property of
the law enforcement agency which effected the seizure unless otherwise
agreed to by the law enforcement agency and prosecuting agency.
(7) All forfeited monies and proceeds from the sale of
forfeited property as defined in Section 44-53-520 of the 1976 Code
must be retained by the governing body of the local law enforcement
agency or prosecution agency and deposited in a separate, special
account in the name of each appropriate agency. These accounts may be
drawn on and used only by the law enforcement agency or prosecution
agency for which the account was established. For law enforcement
agencies, the accounts must be used for drug enforcement activities
and for prosecution agencies, the accounts must be used in matters
relating to the prosecution of drug offenses and litigation of drug
related matters.
These accounts must not be used to supplant operating funds in
the current or future budgets. Any expenditures from these accounts
for an item that would be a recurring expense must be approved by the
governing body before purchase or, in the case of a state law
enforcement agency or prosecution agency, approved as provided by law.
In the case of a state law enforcement agency or state
prosecution agency, monies and proceeds must be remitted to the State
Treasurer who shall establish separate, special accounts as provided
in this section for local agencies.
All expenditures from these accounts must be documented, and the
documentation made available for audit purposes.
Repeal
SECTION 4. Sections 44-53-584 and 44-53-588 of the 1976 Code are
repealed.
Definitions
SECTION 5. Section 44-53-110 of the 1976 Code, as last amended by
Act 128 of 1987, is further amended by adding in proper alphabetical
order:
"'Ice' or 'crank' means amphetamine or methamphetamine, any
salt, isomer, or salt of an isomer, or any mixture or compound
containing any of the above substances."
Illegal acts
SECTION 6. Section 44-53-370(a) of the 1976 Code is amended to
read:
"(a) Except as authorized by this article it shall be
unlawful for any person:
(1) to manufacture, distribute, dispense, deliver,
purchase, or aid, abet, attempt, or conspire to manufacture,
distribute, dispense, deliver, or purchase, or possess with intent to
manufacture, distribute, dispense, deliver, or purchase a controlled
substance;
(2) to create, distribute, dispense, deliver, or purchase,
or aid, abet, attempt, or conspire to create, distribute, dispense,
deliver, or purchase, or possess with intent to distribute, dispense,
deliver, or purchase a counterfeit substance."
Penalties
SECTION 7. Section 44-53-370(e) of the 1976 Code, as last amended
by Act 565 of 1988, is further amended to read:
"(e) Any person who knowingly sells, manufactures,
cultivates, delivers, purchases, or brings into this State, or who
provides financial assistance or otherwise aids, abets, attempts, or
conspires to sell, manufacture, cultivate, 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:
(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, or one hundred to one thousand marijuana plants
regardless of weight, 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, or more than one thousand marijuana plants, but less
than ten thousand marijuana plants regardless of weight, 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, or ten thousand
marijuana plants, or more than ten thousand marijuana plants
regardless of weight, 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 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.
Any person convicted and sentenced under this subsection 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 this subsection 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.
The offense of possession with intent to distribute described in
Section 44-53-370(a) is a lesser included offense to the offenses of
trafficking based upon possession described in this subsection."
Penalties
SECTION 8. Section 44-53-375, as added by Act 128 of 1987, is
amended to read:
"Section 44-53-375. (A) Any 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, require as part of any 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.
(B) Any 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 this section, the offender has been
convicted of any of the laws of the United States or of any 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 violation of the laws of the United
States or of any 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 this subsection.
(C) Any 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) of
this section, sentences for violation of the provisions of this
section may not be suspended and probation may not be granted."
Weight
SECTION 9. Chapter 53, Title 44 of the 1976 Code is amended by
adding:
"Section 44-53-392. Notwithstanding any other provision of
this article, the weight of any controlled substance referenced in
this article is the weight of that substance in pure form or any
compound or mixture thereof."
Penalties
SECTION 10. Chapter 53, Title 44 of the 1976 Code is amended by
adding:
"Section 44-53-475. (A)(1) Whoever, knowing that the
property involved in a financial transaction represents the proceeds
of, or is derived directly or indirectly from the proceeds of unlawful
activity relating to narcotic drugs or controlled substances, conducts
or attempts to conduct such a financial transaction which in fact
involves the proceeds:
(a) with the intent to promote the carrying on of
unlawful activity relating to narcotic drugs or controlled substances;
or
(b) knowing that the transaction is designed in whole
or in part to conceal or disguise the nature, location, sources,
ownership, or control of the proceeds of the unlawful activity is
guilty of a felony and, upon conviction, must be punished by a fine of
not more than five hundred thousand dollars or twice the value of the
property involved in the transaction, whichever is greater, or by
imprisonment for not more than twenty years, or both.
(2) Whoever transports, transmits, or transfers, or
attempts to transport, transmit, or transfer a monetary instrument or
funds from a place in South Carolina to or through a place outside the
United States or to a place in South Carolina from or through a place
outside the United States:
(a) with the intent to promote the carrying on of
unlawful activity relating to narcotic drugs or to controlled
substances; or
(b) knowing that the monetary instrument or funds
involved in the transportation represent the proceeds of the unlawful
activity and knowing that the transportation is designed in whole or
in part to conceal or disguise the nature, location, source,
ownership, or control of the proceeds of the unlawful activity is
guilty of a felony and, upon conviction, must be punished by a fine of
five hundred thousand dollars or twice the value of the monetary
instrument or funds involved in the transportation, whichever is
greater, or by imprisonment for not more than twenty years, or both.
(3) Whoever, with the intent:
(a) to promote the carrying on of unlawful activity
relating to narcotic drugs or to controlled substances; or
(b) to conceal or disguise the nature, location,
source, ownership, or control of property believed to be the proceeds
of the unlawful activity, conducts or attempts to conduct a financial
transaction involving property represented by a law enforcement
officer to be the proceeds of the unlawful activity, or property used
to conduct or facilitate the unlawful activity is guilty of a felony
and, upon conviction, must be punished by a fine of five hundred
thousand dollars or twice the value of the property involved,
whichever is greater, or by imprisonment for not more than twenty
years, or both. For purposes of this subitem, the term `represented'
means any representation made by a law enforcement officer or by
another person at the direction of, or with the approval of, a state
official authorized to investigate or prosecute violations of this
section.
(B) Whoever conducts or attempts to conduct a transaction
described in subsection (A)(1), or transportation described in
subsection (A)(2), is liable to the State for a civil penalty of not
more than the greater of:
(1) the value of the property, funds, or monetary
instruments involved in the transaction; or
(2) ten thousand dollars.
(C) As used in this section:
(1) the term 'conducts' includes initiating, concluding,
or participating in initiating or concluding a transaction;
(2) the term 'transaction' includes a purchase, sale,
loan, pledge, gift, transfer, delivery, or other disposition and, with
respect to a financial institution includes a deposit, withdrawal,
transfer between accounts, exchange of currency, loan, extension of
credit, purchase or sale of any stock, bond, certificate of deposit,
or other monetary instrument, or any other payment, transfer, or
delivery by, through, or to a financial institution, by whatever means
effected;
(3) the term 'financial transaction' means a transaction
involving the movement of funds by wire or other means or involving
one or more monetary instruments;
(4) the term 'monetary instruments' means coin or currency
of the United States or of any other country, travelers' checks,
personal checks, bank checks, money orders, investment securities in
bearer form or otherwise in that form that title to it passes upon
delivery, and negotiable instruments in bearer form or otherwise in
that form that title to it passes upon delivery;
(5) the term 'financial institution' has the definition
given that term in Section 5312(a)(2) of Title 31, United States Code,
and the regulations promulgated thereunder.
(D) Nothing in this section supersedes any provision of law
imposing criminal penalties or affording civil remedies in addition to
those provided for in this section."
Conveyances
SECTION 11. Section 44-53-520(a)(6) of the 1976 Code, as last
amended by Act 404 of 1986, is further amended to read:
"(6) all conveyances including, but not limited to,
trailers, aircraft, motor vehicles, and watergoing vessels which are
used or intended for use unlawfully to conceal, contain, or transport
or facilitate the unlawful concealment, possession, containment,
manufacture, or transportation of controlled substances and their
compounds, except as otherwise provided, must be forfeited to the
State. No motor vehicle may be forfeited to the State under this item
unless it is used, intended for use, or in any manner facilitates a
violation of Section 44-53-370(a), involving at least one pound or
more of marijuana, one pound or more of hashish, more than four grains
of opium, more than two grains of heroin, more than four grains of
morphine, more than ten grains of cocaine, more than fifty micrograms
of lysergic acid diethylamide (LSD) or its compounds, more than ten
grains of crack, or more than one gram of ice or crank, as defined in
Section 44-53-110, or unless it is used, intended for use, or in any
manner facilitates a violation of Section 44-53-370(e);".
Illegal acts
SECTION 12. Chapter 53, Title 44 of the 1976 Code is amended by
adding:
"Section 44-53-577. (A) It is unlawful for any person at
least seventeen years of age to knowingly and intentionally:
(1) use, solicit, direct, hire, persuade, induce, entice,
coerce, or employ a person under seventeen years of age to violate
Section 44-53-370 or 44-53-375(B);
(2) receive a controlled substance from a person under
seventeen years of age in violation of this chapter; or
(3) conspire to use, solicit, direct, hire, persuade,
induce, entice, coerce, or employ a person under seventeen years of
age to violate Section 44-53-370 or 44-53-375(B).
(B) Any person who violates subsection (A)(1), (A)(2), or (A)(3)
is guilty of a felony and, upon conviction, must be punished by a term
of imprisonment of not less than five years nor more than fifteen
years. A violation of this section constitutes a separate
offense."
Suspension of drivers' licenses
SECTION 13. Section 56-1-745 of the 1976 Code, as added by an
unnumbered Act of 1990 bearing ratification number 743, is amended to
read:
"Section 56-1-745. (A) The driver's license of a person
convicted of a controlled substance violation under Chapter 53 of
Title 44 involving hashish or marijuana must be suspended for a period
of six months. The driver's license of a person convicted of any other
controlled substance violation under Chapter 53 of Title 44 must be
suspended for a period of one year. If the person does not have a
driver's license, the court shall order the department not to issue a
driver's license for six months after the person legally is eligible
for the issuance of a driver's license if the offense involves hashish
or marijuana. If the offense involves any other controlled substance
under Chapter 53 of Title 44, the court shall order the department not
to issue a driver's license for one year after the person legally is
eligible for the issuance of a driver's license. For each subsequent
conviction under this section, the court shall order the driver's
license to be suspended for an additional six months or one year, as
the case may be. The additional period of suspension for a subsequent
offense runs consecutively and does not commence until the expiration
of the suspension for the prior offense.
(B) Notwithstanding the provisions of Section 56-1-460, any
person convicted under this section shall be punished pursuant to
Section 56-1-440 and is not required to furnish proof of financial
responsibility as provided for in Section 56-9-500. The conviction
shall not result in any insurance penalty under the Merit Rating Plan
promulgated by the Chief Insurance Commissioner.
(C)(1) If an individual is employed at the time his driver's
license is suspended pursuant to this section, he may apply for a
special restricted driver's license permitting him to drive only to
and from work during the period of suspension. The department may
issue the special restricted driver's license only upon showing by the
individual that he is employed, that he lives further than one mile
from his place of employment, that there is no adequate public
transportation between his residence and his place of employment, and
that his job does not require him to drive.
(2) If the department issues a special restricted driver's
license, it shall designate a particular route as well as the times
during which the individual may operate a motor vehicle. A change in
the employment hours, place of employment, or residence must be
reported immediately to the department by the licensee.
(3) The fee for each special restricted driver's license,
including a reissue caused by changes in the place and hours of
employment or residence, is ten dollars.
(4) The operation of a motor vehicle outside the time
limits and route imposed by a special restricted license by the person
issued that license is a violation of Section 56-1-460."
Felonies added
SECTION 14. The felony crimes provided by Sections 44-53-375(B)
and 44-53-375(C) of the 1976 Code, as contained in Section 8 of this
act; Section 44-53-475 of the 1976 Code, as contained in Section 10 of
this act; and Section 44-53-577 of the 1976 Code, as contained in
Section 12 of this act, are added to the list of crimes classified as
felonies pursuant to Section 16-1-10 of the 1976 Code.
Aggravating circumstances
SECTION 15. Section 16-3-20(C)(a) of the 1976 Code is amended to
read:
"(a) Aggravating circumstances:
(1) The murder was committed while in the commission
of the following crimes or acts:
(a) criminal sexual conduct in any degree;
(b) kidnapping;
(c) burglary in any degree;
(d) robbery while armed with a deadly weapon;
(e) larceny with use of a deadly weapon;
(f) killing by poison;
(g) drug trafficking as defined in Section
44-53-370(e), 44-53-375(B), 44-53-440, or 44-53-445; or
(h) physical torture.
(2) The murder was committed by a person with a prior
conviction for murder.
(3) The offender by his act of murder knowingly
created a great risk of death to more than one person in a public
place by means of a weapon or device which normally would be hazardous
to the lives of more than one person.
(4) The offender committed the murder for himself or
another for the purpose of receiving money or a thing of monetary
value.
(5) The murder of a judicial officer, former judicial
officer, solicitor, former solicitor, or other officer of the court
during or because of the exercise of his official duty.
(6) The offender caused or directed another to commit
murder or committed murder as an agent or employee of another person.
(7) The murder of a federal, state, or local law
enforcement officer, peace officer or former peace officer,
corrections employee or former corrections employee, or fireman or
former fireman during or because of the performance of his official
duties.
(8) The murder of a family member of an official
listed in subitems (5) and (7) above with the intent to impede or
retaliate against the official. `Family member' means a spouse,
parent, brother, sister, child, or person to whom the official stands
in the place of a parent, or a person living in the official's
household and related to him by blood or marriage.
(9) Two or more persons were murdered by the
defendant by one act or pursuant to one scheme or course of conduct.
(10) The murder of a child eleven years of age or
under."
Severability clause
SECTION 16. If any provision of this act or the application thereof
to any person or circumstance is held invalid, the invalidity does not
affect other provisions or applications of the act which can be given
effect without the invalid provision or application, and to this end
the provisions of this act are severable.
Time effective
SECTION 17. This act takes effect upon approval by the Governor.
A person arrested, charged, or indicted under those provisions of law
amended by this act must be tried and sentenced and any administrative
penalty or suspension exacted as provided by the law in force at the
time of the commission of the crime.
Approved the 25th day of June, 1990.
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