Current Status Introducing Body:
HouseBill Number: 3129Primary Sponsor: WilkinsCommittee Number: 25Type of Legislation: GBSubject: Narcotics trafficking network leaderResiding Body: HouseCurrent Committee: JudiciaryComputer Document Number: 3129Introduced Date: Jan 08, 1991Last History Body: HouseLast History Date: Jan 08, 1991Last History Type: Introduced and read first time, referred to CommitteeScope of Legislation: StatewideAll Sponsors: Wilkins Hayes Haskins HuffType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 3129 House Jan 08, 1991 Introduced and read first 25 time, referred to Committee 3129 House Dec 27, 1990 Prefiled, referred to 25 CommitteeView additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-476 SO AS TO PROVIDE FOR FELONIES PERTAINING TO LEADING A NARCOTICS TRAFFICKING NETWORK AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO ADD LEADING A NARCOTICS TRAFFICKING NETWORK TO THE LIST OF CRIMES WHICH ARE AGGRAVATING CIRCUMSTANCES WHEN A MURDER IS COMMITTED DURING THE COMMISSION OF THAT CRIME; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSES PROVIDED FOR IN THIS ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 44-53-476. (A) A person is a 'leader of a narcotics trafficking network' if he occupies a position of authority or control as an organizer, supervisor, financier, or manager of an organization consisting of five or more persons which is engaged in a continuing scheme or course of conduct to unlawfully manufacture, distribute, dispense, deliver, or bring into or transport in this State a controlled substance classified in Schedule I, II, III, or IV or a controlled substance analog in amounts exceeding the statutory quantity necessary to constitute the offense of trafficking in that controlled substance as provided in Section 44-53-370(e).
(B) A person who is a 'leader of a narcotics trafficking network' is guilty of a felony and, upon conviction, except as provided in subsection (C), must be punished by a mandatory term of life imprisonment, no part of which may be suspended, and probation and parole must not be granted for any portion of the term. A person sentenced under the provisions of this section is not eligible for work release, extended work release, or supervised furlough. The court also may impose a fine of not more than five hundred thousand dollars or five times the street value of the controlled dangerous substance or controlled substance analog involved, whichever is greater.
(C) A person engaging in the offense described in subsection (A) who murders or counsels, commands, induces, procures, or causes the murder of an individual is guilty of a felony and, upon conviction, must be punished as provided in Section 16-3-20, which sentence must be reviewed by the Supreme Court as provided in Section 16-3-25.
(D) A conviction of a leader of a narcotics trafficking network offense does not merge with the conviction for any offense which is the object of the conspiracy. Nothing contained in this section prohibits the court from imposing an extended term nor may this section be construed to preclude or limit the prosecution or conviction of a person for conspiracy, manufacturing, distributing or dispensing, or employing a juvenile in a drug distribution scheme.
(E) It is not necessary in a prosecution under this section for the State to prove that an intended profit actually was realized. The trier of fact may infer that a particular scheme or course of conduct was undertaken for profit from all of the attending circumstances, including, but not limited to, the number of persons involved in the scheme or course of conduct, the actor's net worth and his expenditures in relation to his legitimate sources of income, the amount of purity of the specified controlled substance or controlled substance analog involved, or the amount of cash or currency involved.
(F) It is not a defense to a prosecution under this section that the controlled substance or controlled substance analog was brought into or transported in this State solely for ultimate distribution or dispensing in another jurisdiction, nor is it a defense that a profit was intended to be made in another jurisdiction."
SECTION 2. Section 16-3-20(C)(a)(1) of the 1976 Code, as last amended by Act 604 of 1990, is further amended to read:
(1) The murder was committed while in the commission of the following crimes or acts:
(a) criminal sexual conduct in any degree;
(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) leading a narcotics trafficking network as defined in Section 44-53-47; or
(i) physical torture.
SECTION 3. Section 16-3-20(A) of the 1976 Code is amended to read:
"(A) A person who is convicted of or pleads guilty to murder must be punished by death or by imprisonment for life and is not eligible for parole until the service of twenty years; provided, however, that. However, when the State seeks the death penalty and an aggravating circumstance is specifically found specifically beyond a reasonable doubt pursuant to subsections (B) and (C), and a recommendation of death is not made, the court must shall impose a sentence of life imprisonment without eligibility for parole until the service of thirty years. However, when the aggravating circumstance described in subsection (C)(a)(1)(h) is found and the recommendation of death is not made, the court shall impose the sentence provided in Section 44-53-476(B). Provided, further, that under no circumstances may a A female who is pregnant with child must not be executed so long as she is in that condition. When the Governor commutes a sentence of death under the provisions of Section 14 of Article IV of the Constitution of South Carolina, 1895, the commutee is not eligible for parole. No person sentenced under the provisions of this subsection may receive any work-release credits, good-time credits, or any other credit that would reduce the mandatory imprisonment required by this subsection."
SECTION 4. The felony offenses provided in Section 44-53-476 of the 1976 Code, as contained in Section 1 of this act, are added to the list of crimes classified as felonies pursuant to Section 16-1-10 of the 1976 Code.
SECTION 5. This act takes effect upon approval by the Governor.