H 2625 Session 106 (1985-1986)
H 2625 General Bill, By T.L. Hughston
Similar(S 419, H 2626)
A Bill to amend Title 16, Code of Laws of South Carolina, 1976, relating to
crimes and offenses, by adding Chapter 2, so as to establish a system of
classification for offenses into felonies and misdemeanors, to specify terms
of imprisonment for each classification of felony and misdemeanor, to maintain
fines and mandatory minimum terms of imprisonment provided in existing law, to
classify offenses enacted in the future that do not contain a specific
classification, to maintain existing provisions relating to punishment for
offenses not classified in the Chapter, to provide for punishment for the
common law offense of attempt, accessory after the fact, and misprision of a
felony, to amend Sections 16-3-75, 16-3-910, as amended, 16-11-310, 16-11-330,
16-11-510, as amended, 16-11-520, as amended, 16-11-580, 16-11-740, 16-13-50,
16-13-180, as amended, 16-13-230, 16-13-240, as amended, 16-13-260, 16-13-320,
16-13-420, 16-14-60, 16-14-80, 16-14-100, 16-16-20, and 56-5-2945 and Act 340
of 1984, all relating to crimes and offenses and the punishment therefor, and
to amend Section 16-13-430, relating to fraudulent use of food stamps, so as
to conform them to the system of classification; to amend Section 34-11-90, as
amended, relating to the jurisdiction of offenses and penalties involving the
violations of laws relating to bank deposits, so as to classify as a felony a
conviction for drawing or uttering an instrument in violation of Chapter 11 of
Title 34 in excess of one thousand dollars instead of five thousand dollars;
to amend Sections 16-11-390 and 16-11-540, relating to safecracking and to
damaging or destroying property by means of an explosive or incendiary, so as
to classify as a felony a conviction for such offenses; to amend Section
44-53-370, as amended, relating to penalties for illegal distribution and
possession of narcotics and controlled substances, so as to reduce the
penalties for possession or distribution of narcotic drugs and lysergic acid
diethylamide (L.S.D.) for a first offense from fifteen to ten years, for a
second offense reduce the maximum from thirty to twenty years, for a third and
subsequent offense reduce the minimum sentence from fifteen years to ten years
and reduce the maximum sentence from thirty years to twenty years, reduce the
maximum trafficking offense for ten pounds to one hundred pounds of marijuana
from ten years to five years, for one hundred pounds to two thousand pounds
the minimum sentence is reduced from five years to two years and the maximum
sentence is reduced from twenty-five years to ten years, two thousand pounds
to ten thousand pounds the minimum is reduced from ten years to four years and
the maximum sentence is reduced from twenty-five years to ten years, in excess
of ten thousand pounds the minimum sentence is reduced from fifteen years to
ten years and the maximum sentence is reduced from thirty years to twenty
years, for trafficking in cocaine from ten grams to twenty-eight grams the
maximum penalty is reduced from ten years to five years, from twenty-eight
grams to two hundred grams the minimum sentence is reduced from seven years to
three years and the maximum sentence is reduced from twenty-five years to ten
years, from two hundred grams to four hundred grams the minimum sentence is
reduced from ten years to four years and the maximum sentence is reduced from
twenty-five years to ten years, for four hundred grams or more the minimum
sentence is reduced from fifteen to ten years and the maximum sentence is
reduced from thirty years to twenty years, for morphine or opium, four grams
to fourteen grams the minimum sentence is reduced from seven years to three
years and the maximum sentence is reduced from twenty-five years to ten years,
from fourteen to twenty-eight grams the minimum sentence is reduced from ten
years to four years and the maximum sentence is reduced from twenty-five years
to ten years, twenty-eight grams or more the minimum sentence is reduced from
twenty-five years to fifteen years and the maximum sentence is reduced from
forty years to twenty years, for fifteen grams to one hundred grams
methaqualone the maximum sentence is reduced from ten years to five years,
from one hundred fifty grams to one thousand, five hundred grams the minimum
sentence is reduced from five years to two years and the maximum sentence is
reduced from twenty-five years to ten years, from one thousand, five hundred
grams to fifteen kilograms the minimum sentence is reduced from ten years to
four years and the maximum sentence is reduced from twenty-five years to ten
years, for one thousand, five hundred kilograms or more the minimum sentence
is reduced from fifteen years to ten years and the maximum sentence is reduced
from thirty years to twenty years; to amend Sections 24-3-20, 24-13-210,
24-13-230, 24-21-620, 24-21-635, 24-13-710, and 24-21-610, all as amended,
24-13-720, 24-21-13, 24-21-50, 24-21-645, 24-21-670, 24-21-680, and 24-21-690,
relating to the designation of the place of confinement for convicted persons,
credit for good behavior, reduction of sentence, extended work release
program, furlough program, prisoner review after partial service of sentence,
earned work credits, Department of Corrections procedures and policies,
hearing procedures before the Parole and Community Corrections Board, parole,
release for good conduct, and prerequisites for obtaining parole, so as to
provide for prisoners to be put into a work release program, good behavior or
earned work credit or reduction of sentence for productive duty, furlough,
parole, and conditional release as provided by Section 24-13-215, provide that
on or after January 1, 1986, a person sentenced for certain crimes is not
eligible for parole until after service of ten years; to amend the Code by
adding Sections 16-3-29, 24-3-25, 24-13-215, 24-13-216, 24-21-615, and
24-21-681 and to amend Sections 24-13-610 through 24-13-630, and 24-21-80,
relating to extended work release programs and payment by probationers and
parolees to offset costs, so as to allow prisoners to work at paid employment,
credit for good conduct and educational achievements, parole after ten years'
service, conditional release, to make a conspiracy to commit murder a felony,
to authorize the Department of Corrections to establish a work release
program, and to require person granted parole, conditional release, or
probation to pay one hundred twenty dollars a year for cost of supervision; to
designate various acts as Sections of the 1976 Code; and to repeal Sections
16-1-10 relating to crimes classified as felonies and 24-13-60 relating to the
screening of offenders for possible placement on work release.
03/19/85 House Introduced and read first time HJ-1411
03/19/85 House Referred to Committee on Judiciary HJ-1414
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