S 47 Session 112 (1997-1998)
S 0047 General Bill, By Holland and Giese
Similar(S 1007)
A BILL TO ENACT THE DRUG-INDUCED CRIME PREVENTION AND PUNISHMENT ACT OF 1997
BY AMENDING SECTION 44-53-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE SCHEDULE OF CONTROLLED SUBSTANCES, SO AS TO RESCHEDULE
FLUNITRAZEPAM, ALSO KNOWN AS ROHYPNOL OR THE DATE RAPE DRUG, AS A SCHEDULE III
CONTROLLED SUBSTANCE; BY AMENDING SECTION 44-53-370, AS RELATING TO DRUG
OFFENSES, SO AS TO CREATE THE OFFENSE OF DISTRIBUTING A CONTROLLED SUBSTANCE
TO AN INDIVIDUAL WITH THE INTENT TO COMMIT A CRIME AGAINST THAT INDIVIDUAL AND
ESTABLISH APPROPRIATE PENALTIES; AND BY AMENDING SECTION 16-1-90, RELATING TO
THE CLASSIFICATION OF CRIMES, SO AS TO CLASSIFY THIS OFFENSE AS A FELONY.
01/14/97 Senate Introduced and read first time SJ-101
01/14/97 Senate Referred to Committee on Judiciary SJ-101
03/26/97 Senate Committee report: Majority favorable with amend.,
minority unfavorable Judiciary SJ-16
04/10/97 Senate Special order SJ-33
04/16/97 Senate Amended SJ-34
04/16/97 Senate Read second time SJ-34
04/16/97 Senate Unanimous consent for third reading on next
legislative day SJ-34
04/17/97 Senate Read third time and sent to House SJ-14
04/22/97 House Introduced and read first time HJ-12
04/22/97 House Referred to Committee on Judiciary HJ-12
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
April 16, 1997
S. 47
Introduced by Senators Holland and Giese
S. Printed 4/16/97--S.
Read the first time January 14, 1997.
A BILL
TO ENACT THE DRUG-INDUCED CRIME PREVENTION AND
PUNISHMENT ACT OF 1997 BY AMENDING SECTION
44-53-230, AS AMENDED, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE SCHEDULE OF
CONTROLLED SUBSTANCES, SO AS TO RESCHEDULE
FLUNITRAZEPAM, ALSO KNOWN AS ROHYPNOL OR "THE
DATE RAPE DRUG", AS A SCHEDULE III CONTROLLED
SUBSTANCE; BY AMENDING SECTION 44-53-370, AS
RELATING TO DRUG OFFENSES, SO AS TO CREATE THE
OFFENSE OF DISTRIBUTING A CONTROLLED SUBSTANCE
TO AN INDIVIDUAL WITH THE INTENT TO COMMIT A
CRIME AGAINST THAT INDIVIDUAL AND ESTABLISH
APPROPRIATE PENALTIES; AND BY AMENDING SECTION
16-1-90, RELATING TO THE CLASSIFICATION OF CRIMES,
SO AS TO CLASSIFY THIS OFFENSE AS A FELONY.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 44-53-190 of the 1976 Code is amended by
adding:
"(g) Any material, compound, mixture, or preparation containing
flunitrazepam, or its derivative or metabolite, including its salts,
isomers (whether position, geometric, or optical), and salts of such
isomers whenever the existence of such salts, isomers, and salts of
isomers is possible."
SECTION 2. Section 44-53-250(a) of the 1976 Code is amended
to read:
"(a) Depressants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation
which contains any quantity of the following substances having a
depressant effect on the central nervous system, including its salts,
isomers (whether position, geometric, or optical), and salts of such
isomers whenever the existence of such salts, isomers, and salts of
isomers is possible within the specific chemical designation:
(1) Alprazolam
(2) Barbital
(3) Bromazepam
(4) Camazepam
(5) Chloral Betaine
(6) Chloral Hydrate
(7) Chlordiazepoxide
(8) Clobazam
(9) Clonazepam
(10) Clorazepate
(11) Clotiazepam
(12) Cloxazolam
(13) Delorazepam
(14) Diazepam
(15) Estazolam
(16) Ethchlorvynol
(17) Ethinamate
(18) Ethyl Loflazepate
(19) Fludiazepam
(20) Flunitrazepam
(21) (20) Flurazepam
(22) (21) Halazepam
(23) (22) Haloxazolam
(24) (23) Ketazolam
(25) (24) Loprazolam
(26) (25) Lorazepam
(27) (26) Lormetazepam
(28) (27) Mebutamate
(29) (28) Medazepam
(30) (29) Meprobamate
(31) (30) Methohexital
(32) (31) Methylphenobarbital
(33) (32) Nimetazepam
(34) (33) Nitrazepam
(35) (34) Nordiazepam
(36) (35) Oxazepam
(37) (36) Oxazolam
(38) (37) Paraldehyde
(39) (38) Petrichloral
(40) (39) Phenobarbital
(41) (40) Pinazepam
(42) (41) Prazepam
(43) (42) Temazepam
(44) (43) Tetrazepam
(45) (44) Triazolam."
SECTION 3. Section 44-53-370 of the 1976 Code is amended by
adding:
"(f) It shall be unlawful for a person to administer, distribute,
dispense, deliver, or aid, abet, attempt, or conspire to administer,
distribute, dispense, or deliver a controlled substance to an individual
with the intent to commit one of the following crimes against that
individual:
(1) kidnapping, Section 16-3-910;
(2) criminal sexual conduct in the first, second, and third
degree, Sections 16-3-652, 16-3-653, and 16-3-654;
(3) criminal sexual conduct with a minor in the first and second
degree, Section 16-3-655;
(4) criminal sexual conduct where victim is legal spouse
(separated), Section 16-3-658;
(5) spousal sexual battery, Section 16-3-615;
(6) engaging a child for a sexual performance, Section
16-3-810;
(7) committing lewd act upon child under sixteen, Section
16-15-140;
(8) petit larceny, Section 16-13-30 (A); or
(9) grand larceny, Section 16-13-30 (B).
(g) A person who violates subsection (f) with respect to:
(1) a controlled substance classified in Schedule I (b) or (c)
which is a narcotic drug or lysergic acid diethylamide (LSD), or in
Schedule II which is a narcotic drug is guilty of a felony and, upon
conviction, must be:
(a) for a first offense, imprisoned not more than twenty years
or fined not more than thirty thousand dollars, or both;
(b) for a second offense, or if in the case of a first conviction
of a violation of any provision of this subsection, the offender
previously has been convicted of a violation of the laws of the United
States or of any state, territory, or district relating to narcotic drugs,
marijuana, depressant, stimulant, or hallucinogenic drugs, imprisoned
not less than five years nor more than thirty years, or fined not more
than fifty thousand dollars, or both;
(c) for a third or subsequent offense, or if the offender
previously has been convicted two or more times in the aggregate of
a violation of the laws of the United States or of any state, territory,
or district relating to narcotic drugs, marijuana, depressant, stimulant,
or hallucinogenic drugs, imprisoned not less than fifteen years nor
more than thirty years, or fined not more than fifty thousand dollars,
or both.
Except in the case of conviction for a first offense, the sentence
must not be suspended and probation must not be granted;
(2) any other controlled substance is guilty of a felony and,
upon conviction, must be:
(a) for a first offense, imprisoned not more than fifteen years
or fined not more than twenty-five thousand dollars, or both;
(b) for a second offense, or if in the case of a first conviction
of a violation of any provision of this subsection, the offender
previously has been convicted of a violation of the laws of the United
States or of any state, territory, or district relating to narcotic drugs,
marijuana, depressant, stimulant, or hallucinogenic drugs, imprisoned
not more than twenty years or fined not more than thirty thousand
dollars, or both;
(c) for a third or subsequent offense, or if the offender
previously has been convicted two or more times in the aggregate of
a violation of the laws of the United States or of any state, territory,
or district relating to narcotic drugs, marijuana, depressant, stimulant,
or hallucinogenic drugs, imprisoned not less than five years nor more
than twenty-five years, or fined not more than forty thousand dollars,
or both.
Except in the case of conviction for a first offense, the sentence
must not be suspended and probation must not be granted."
SECTION 4. Section 16-1-90(A), (B), (C), and (D) of the 1976
Code are amended to read:
"(A) The following offenses are Class A felonies and the
maximum terms established for a Class A felony, as set forth in
Section 16-1-20(A), apply:
16-3-50 Manslaughter - voluntary
16-3-652 Criminal sexual conduct
First degree
16-3-655 Criminal sexual conduct with
minors if victim under 11 years
of age
First degree
16-3-656 Assault with intent to commit
criminal sexual conduct
First degree
16-3-658 Criminal sexual conduct where
victim is legal spouse
(separated)
First degree
16-3-910 Kidnapping
16-3-920 Conspiracy to commit
kidnapping
16-11-380 Entering bank, depository, or
building and loan association
with intent to steal
16-11-330(A) Robbery while armed with a
deadly weapon
16-11-390 Safecracking
44-53-370 Prohibited Acts A, penalties
(b)(1) (narcotic drugs in Schedules
I(b) and (c), LSD, and
Schedule II)
Second, third, or subsequent
offenses
44-53-370 Prohibited Acts A, penalties
(e)(2)(a)2 (trafficking in cocaine, 10
grams or more, but less than 28
grams)
Second offense
44-53-370 Prohibited Acts, penalties
(e)(2)(b)2 (trafficking in cocaine, 28
grams or more, but less than
100 grams)
Second offense
44-53-370 Prohibited Acts, penalties
(e)(5)(a)2 (trafficking in LSD, 100
dosage units or more, but less
than 500 dosage units)
Second offense
44-53-370 Prohibited Acts, penalties
(e)(5)(b)2 (trafficking in LSD, 500
dosage units or more, but less
than 1,000 dosage units)
Second offense
44-53-370 Prohibited Acts A, penalties
(g)(1)(b) and (c) (distribution
of narcotic drugs in Schedules
I(b) and (c), LSD, and
Schedule II with intent to
commit a crime)
Second, third, or subsequent
offenses
44-53-375 Manufacture, distribution, etc.,
(B)(3) ice, crank, or crack cocaine
Third or subsequent offense
44-53-375 Trafficking in ice, crank, or
(C)(1)(b) crack cocaine (10 grams or
more, but less than 28 grams)
Second offense
44-53-375 Trafficking in ice, crank, or
(C)(2)(b) crack cocaine (28 grams or
more, but less than 100 grams)
Second offense
55-1-30(3) Unlawful removing or
damaging of airport facility or
equipment when death results
56-5-1030 Interference with traffic-control
(B)(3) devices or railroad signs or
signals prohibited when death
results from violation
58-17-4090 Penalty for obstruction of
railroad
(B) The following offenses are Class B felonies and the maximum
terms established for a Class B felony, as set forth in Section
16-1-20(A), apply:
16-3-1075 Carjacking (great bodily
(B)(2) injury)
16-11-110(A) Arson - first degree
16-11-370 Robbery of operators of
vehicles for hire
16-11-540 Damaging or destroying
building, vehicle, or
other property by means of
explosive or incendiary if
personal injury results
44-53-370 Prohibited Acts, penalties
(e)(2)(b)1 (trafficking in cocaine, 28
grams or more, but less than
100 grams)
First offense
44-53-370 Prohibited Acts A, penalties
(e)(3)(a)1 (trafficking in illegal drugs, 4
grams or more, but less than 14
grams)
44-53-370 Prohibited Acts, penalties
(e)(5)(b)1 (trafficking in LSD, 500
dosage units or more, but less
than 1000 dosage units)
First offense
44-53-370 Prohibited Acts A, penalties
(g)(2)(c) (distribution of
controlled substances with
intent to commit a crime)
Third or subsequent
offenses
44-53-375 Manufacture, distribution, etc.,
(B)(2) ice, crank, or crack cocaine
Second offense
44-53-375 Trafficking in ice, crank, crack
(C)(2)(a) cocaine (28 grams or more, but
less than 100 grams)
First offense
44-53-475 Financial transactions involving
(A)(1) property derived from unlawful
drug activity
44-53-475 Transportation or attempt to
(A)(2) transfer monetary instruments
derived from unlawful drug
activity
56-5-2945 Causing great bodily injury or
death by operating vehicle
while under influence of drugs
or alcohol, death resulting
(C) The following offenses are Class C felonies and the maximum
terms established for a Class C felony, as set forth in Section
16-1-20(A), apply:
16-3-70 Administering or attempting to
administer poison
16-3-75 Unlawful and malicious
tampering with human drug
product or food
16-3-220 Lynching in the second degree
16-3-620 Assault and battery with intent
to kill
16-3-653 Criminal sexual conduct
Second degree
16-3-655(2) Criminal sexual conduct with
minor - victim 14 years of age
or less, but who is at least 11
years of age
Second degree
16-3-655(3) Criminal sexual conduct with
minor - victim less than 16
years of age, but who is at least
14 years of age
Second degree
16-3-656 Assault with intent to commit
criminal sexual conduct
Second degree
16-3-658 Criminal sexual conduct where
victim is legal spouse
(separated)
Second degree
16-3-810 Engaging child under 18 for
sexual performance
16-11-110(B) Arson - second degree
16-11-330(B) Attempted armed robbery
16-11-350 Train robbery by stopping train
16-11-360 Robbery after entry upon train
16-11-540 Damaging or destroying
building, vehicle, or
other
property by means of explosive
or incendiary
24-13-450 Taking of hostages by any
inmate
25-7-30 Giving information respecting
national or state defense to
foreign contacts (violation
during peacetime)
44-53-370 Prohibited Acts A, penalties
(b)(2) (manufacture or possession of
other substances in Schedule I,
II, III, with intent to distribute)
Third or subsequent offense
44-53-370 Prohibited Acts A, penalties
(e)(1)(a)2 (trafficking in marijuana, 10
pounds or more, but less than
100 pounds)
Second offense
44-53-370 Prohibited Acts A, penalties
(g)(1)(a) (distribution of
narcotic drugs in Schedules
I(b) and (c), LSD, and
Schedule II with intent to
commit a crime)
First offense
44-53-370 Prohibited Acts A, penalties
(g)(2)(b) (distribution of
controlled substances with
intent to commit a crime)
Second offense
44-53-440 Distribution of controlled
substance under Sections
44-53-370(a) and
44-53-375(B) to persons under
18
44-53-475 Concealment of property derived
(A)(3) from unlawful drug activity
58-15-870 Injuring railroad or electric
railway generally if act
endangers life
(D) The following offenses are Class D felonies and the maximum
terms established for a Class D felony, as set forth in Section
16-1-20(A), apply:
16-3-1075 Carjacking
(B)(1)
16-11-312 Burglary - second degree
16-11-325 Common law robbery
16-11-550 Threatening to kill,
injure, or intimidate
individual or damage or
destroy property by means of
explosive or incendiary
Second and subsequent offense
16-15-140 Committing or attempting lewd
act upon child under 14
44-53-370 Prohibited Acts A, penalties
(B)(1) (narcotic drugs in Schedule I
(b) and (c), LSD, and Schedule
II)
First offense
44-53-370 Prohibited Acts A, penalties
(g)(2)(a) (distribution of
controlled substances with
intent to commit a crime)
First offense
44-53-375 Possession of less than 1 gram
(A) of ice, crank, or crack cocaine
Third or subsequent offense
44-53-375 Manufacture, distribution, etc.,
(b)(1) ice, crank, or crack cocaine
First offense
44-53-577 Unlawful to hire, solicit, direct,
a person under 17 years of age
to transport, conceal, or
conduct financial transaction
relating to unlawful drug
activity
56-5-2945 Causing great bodily injury by
(A)(1) operating vehicle while under
influence of drugs or alcohol"
SECTION 5. If, at any time after the effective date of this act,
flunitrazepam is found to have an accepted medical use in treatment
in the United States, it automatically shall be rescheduled as a
Schedule IV drug.
SECTION 6. Section 16-3-652 of the 1976 Code is amended to
read:
"Section 16-3-652. (1) A person is guilty of criminal sexual
conduct in the first degree if the actor engages in sexual battery with
the victim and if any one or more of the following circumstances are
proven:
(a) The actor uses aggravated force to accomplish sexual
battery.
(b) The victim submits to sexual battery by the actor under
circumstances where the victim is also the victim of forcible
confinement, kidnapping, robbery, extortion, burglary,
housebreaking, or any other similar offense or act.
(c) The actor causes the victim, without the victim's
consent, to become mentally incapacitated or physically helpless by
administering, distributing, dispensing, delivering, or causing to be
administered, distributed, dispensed, or delivered a controlled
substance.
(2) Criminal sexual conduct in the first degree is a felony
punishable by imprisonment for not more than thirty years, according
to the discretion of the court."
SECTION 7. This act takes effect upon approval by the Governor.
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