Current Status Introducing Body:Senate Bill Number:1372 Primary Sponsor:J. Verne Smith Committee Number:11 Type of Legislation:GB Subject:Drug trafficking Residing Body:Senate Current Committee:Judiciary Computer Document Number:BR1/2172.AC Introduced Date:Mar 05, 1992 Last History Body:Senate Last History Date:Mar 05, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:J. Verne Smith Type of Legislation:General Bill
Bill Body Date Action Description CMN
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1372 Senate Mar 05, 1992 Introduced, read first time, 11
referred to Committee
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TO AMEND SECTION 16-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF VIOLENT CRIMES, SO AS TO INCLUDE CERTAIN FORMS OF ICE, CRANK, AND COCAINE AS "DRUG TRAFFICKING" WITHIN THIS DEFINITION; TO AMEND SECTION 44-53-110, AS AMENDED, RELATING TO DEFINITIONS OF NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO ADD THE DEFINITION OF "COCAINE BASE" AND REVISE THE DEFINITION OF "CRACK COCAINE"; TO AMEND SECTION 44-53-370, AS AMENDED, RELATING TO NARCOTICS AND CONTROLLED SUBSTANCES VIOLATIONS AND PENALTIES, SO AS TO MAKE IT UNLAWFUL, AMONG OTHER THINGS, TO DISTRIBUTE AN IMITATION SUBSTANCE IN ADDITION TO A COUNTERFEIT SUBSTANCE, AND TO MAKE IT UNLAWFUL TO HAVE ACTUAL OR CONSTRUCTIVE POSSESSION OF TEN TO NINETY-NINE MARIJUANA PLANTS; TO AMEND SECTION 44-53-375, RELATING TO THE UNLAWFUL POSSESSION, DISTRIBUTION, AND MANUFACTURE OF ICE, CRANK, AND CRACK COCAINE, SO AS TO MAKE IT ALSO UNLAWFUL TO POSSESS, DISTRIBUTE, OR MANUFACTURE COCAINE BASE; TO PROVIDE THAT FOR THE PURPOSE OF SETTING PENALTIES FOR SUBSEQUENT OFFENSES, PRIOR OFFENSES INCLUDE CONVICTIONS RELATED TO MARIJUANA, DEPRESSANTS, STIMULANTS, AND HALLUCINOGENICS; AND TO PROVIDE THAT A PERSON GIVEN A MANDATORY SENTENCE OF TWENTY-FIVE YEARS OR MORE FOR TRAFFICKING IN ICE, CRANK, CRACK COCAINE, OR COCAINE BASE IS NOT ELIGIBLE FOR PAROLE, EXTENDED WORK RELEASE, OR SUPERVISED FURLOUGH.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-1-60 of the 1976 Code is amended to read:
"Section 16-1-60. For purposes of definition under South Carolina law a violent crime includes the offenses of murder, criminal sexual conduct in the first and second degree, assault and battery with intent to kill, kidnapping, voluntary manslaughter, armed robbery, drug trafficking as defined in Section 44-53-370(e) and in Section 44-53-375(C), arson in the first degree, burglary in the first degree, and burglary in the second degree under Section 16-11-312(B)."
SECTION 2. Section 44-53-110 of the 1976 Code, as last amended by Act 604 of 1990, is further amended by adding in proper alphabetical order:
"`Cocaine base' means the alkaloid, nonsalt form of cocaine which includes cocaine paste, crack cocaine, and freebase cocaine."
SECTION 3. The definition of "crack cocaine" in Section 44-53-110 of the 1976 Code, as added by Act 128 of 1987, is amended to read:
"`Crack cocaine' means an alkaloidal cocaine or freebase form of cocaine, which is the end product of a chemical alteration whereby the cocaine in salt form is converted to a nonsalt form suitable for smoking."
SECTION 4. Section 44-53-370(a)(2) of the 1976 Code, as last amended by Act 604 of 1990, is further amended to read:
"(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 an imitation or counterfeit substance."
SECTION 5. Section 44-53-370(e)(1) and (e)(1)(a) of the 1976 Code, as last amended by Act 604 of 1990, are further amended to read:
"(1) ten pounds or more of marijuana, or ten to ninety-nine marijuana plants regardless of weight, 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, or ten to ninety-nine marijuana plants regardless of weight, 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;".
SECTION 6. 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) Any A person possessing or attempting to possess less than one gram of ice, crank, or crack cocaine, or cocaine base, 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 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 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, or cocaine base, 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, depressant, stimulant, or hallucinogenic drugs, or marijuana 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, depressant, stimulant, or hallucinogenic drugs, or marijuana 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, or cocaine base is prima facie evidence of a violation of 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, or cocaine base, 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, or cocaine base'" and, upon conviction, must be punished by a mandatory term of imprisonment of twenty-five years and a fine of fifty thousand dollars. A 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, a 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.
(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."
SECTION 7. 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 or fined, or both, as provided by law in force at the time of the commission of the crime.