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Bill Number: 651 Ratification Number: 321 Act Number 311 Introducing Body: Senate Subject: Patient or prisoner denied access to alcoholic beverages
(A311, R321, S651)
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.
SECTION 3. This act takes effect upon approval by the Governor.