Current Status Introducing Body:House Bill Number:3891 Primary Sponsor:Meacham Committee Number:25 Type of Legislation:GB Subject:Minimum Mandatory Sentencing Act Residing Body:House Current Committee:Judiciary Computer Document Number:BBM/9344.JM Introduced Date:Apr 11, 1991 Last History Body:House Last History Date:Apr 11, 1991 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Meacham Type of Legislation:General Bill
Bill Body Date Action Description CMN
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3891 House Apr 11, 1991 Introduced, read first time, 25
referred to Committee
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TO ENACT THE "MINIMUM MANDATORY SENTENCING ACT" FOR VIOLATIONS OF THE NARCOTICS AND CONTROLLED SUBSTANCES LAWS OF THIS STATE, INCLUDING PROVISIONS FOR SPECIFIC PENALTIES, A COST ESTIMATE BY THE DEPARTMENT OF CORRECTIONS, THE ISSUANCE OF CERTAIN "CORRECTIONAL FACILITIES CONSTRUCTION BONDS", AND THE ESTABLISHMENT OF A "CORRECTIONAL FACILITIES CONSTRUCTION FUND".
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Minimum Mandatory Sentencing Act".
SECTION 2. As used in this act:
(1) "Bond" means the bonds authorized to be issued, or issued, under this act.
(2) "Cost" means the expenses incurred in connection with the acquisition, construction, and development of any property, the execution of any necessary agreement or franchise, the procurement of engineering, inspection, planning, legal, financial, or other professional services, the issuance of bonds and any interest on these bonds, and the administrative, operating, and other expenses incident to acquiring additional correctional facility space to house inmates who, in the absence of this act, would not have been incarcerated.
(3) "Distribution" means to transfer or attempt to transfer a controlled substance from one person to another.
(4) "Fund" means the Correctional Facilities Construction Fund.
(5) "Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly or by extraction from other substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging or labeling or relabeling of its containers.
(6) "Possession" means the act of having, taking into control, occupying, or having control or domination over a controlled substance without regard to actual ownership.
SECTION 3. Except as authorized by law, it is unlawful for any person knowingly or intentionally to manufacture, distribute, or possess any controlled substance as defined by Chapter 53, Title 44 of the 1976 Code of Laws.
(A) In addition to any other sentence authorized by law, persons convicted of a violation of this section involving any amount of a Schedule I or II controlled substance, as defined by Sections 44-53-180, 44-53-190, 44-53-200, and 44-53-210, or more than fifty grams of marijuana, are subject to the following penalties:
(1) for persons for whom this is the first controlled substances conviction:
(a) if the quantity for which the person is convicted is less than five grams of cocaine, three grams of heroin, or two hundred grams of marijuana: a mandatory term of incarceration in a state correctional facility of not less than three days and not more than three years and a fine of up to fifteen thousand dollars;
(b) if the quantity for which the person is convicted is more than five grams but less than twenty-eight grams of cocaine, more than three grams but less than fourteen grams of heroin, or more than two hundred grams but less than five kilograms of marijuana: a mandatory term of incarceration in a state correctional facility of not less than three years and not more than five years and a fine of up to fifty thousand dollars;
(c) if the quantity for which the person is convicted is more than twenty-eight grams but less than two hundred grams of cocaine, more than fourteen grams but less than one hundred grams of heroin, or more than five kilograms but less than one hundred kilograms of marijuana: a mandatory term of incarceration in a state correctional facility of not less than five years and not more than ten years and a fine of up to one hundred thousand dollars; and
(d) if the quantity for which the person is convicted is more than two hundred grams of cocaine, more than one hundred grams of heroin, or more than one hundred kilograms of marijuana: a mandatory term of incarceration in a state correctional facility of not less than ten years and not more than twenty years and a fine of up to three hundred thousand dollars.
(2) For persons for whom this is the second or subsequent controlled substances conviction:
(a) if the quantity for which the person is convicted is less than five grams of cocaine, three grams of heroin, or two hundred grams of marijuana: a mandatory term of incarceration in a state correctional facility of not less than one year and not more than five years and a fine of up to fifty thousand dollars;
(b) if the quantity for which the person is convicted is more than five grams but less than twenty-eight grams of cocaine, more than three grams but less than fourteen grams of heroin, or more than two hundred grams but less than five kilograms of marijuana: a mandatory term of incarceration in a state correctional facility of not less than five years and not more than ten years and a fine of up to one hundred thousand dollars;
(c) if the quantity for which the person is convicted is more than twenty-eight grams but less than two hundred grams of cocaine, more than fourteen grams but less than one hundred grams of heroin, or more than five kilograms but less than one hundred kilograms of marijuana: a mandatory term of incarceration of not less than ten years and not more than twenty years and a fine of up to three hundred thousand dollars; and
(d) if the quantity for which the person is convicted is more than two hundred grams of cocaine, more than one hundred grams of heroin, or more than one hundred kilograms of marijuana: a mandatory term of incarceration of not less than twenty years and not more than life and a fine of up to five hundred thousand dollars.
(B) In addition to any other penalty authorized by law, persons convicted of a violation of this section involving any Schedule III, IV, or V controlled substance, as defined by Sections 44-53-220, 44-53-230, 44-53-240, 44-53-250, 44-53-260, and 44-53-270, or less than fifty grams of marijuana, are subject to the following penalties:
(1) for persons for whom this is the first controlled substances conviction: a mandatory term of incarceration in a state correctional facility of not more than three years and a fine of up to fifteen thousand dollars; and
(2) for persons for whom this is a second or subsequent controlled substances conviction: a mandatory term of incarceration in a state correction facility of not less than three years and not more than five years and a fine up to fifty thousand dollars.
SECTION 4. (A) Except as provided in subsection (B) of this section, adjudication of guilt or imposition of sentence may not be suspended, probated, furloughed, deferred, or withheld prior to serving the minimum sentence.
(B) The solicitor may move the sentencing court to impose a reduced or suspended sentence upon any person who is convicted of a violation of the narcotics and controlled substances laws of this State and who provides substantial assistance in the identification, arrest, or conviction of any of his accomplices, accessories, co-conspirators, or principals. The judge hearing the motion may impose a reduced or suspended sentence if he finds that the defendant has rendered substantial assistance as described in this subsection.
SECTION 5. The Department of Corrections shall conduct an estimate of the "cost" under this act, as defined in item (2) of Section 2.
SECTION 6. Bonds of the State of South Carolina are authorized to be issued in the aggregate amount specified in Section 5.
The bonds authorized under this act are direct obligations of the State, must be known as "Correctional Facilities Construction Bonds", and shall recite that they are issued for these purposes set forth in Section 5.
The proceeds from the sale of the bonds must be deposited in the "Correctional Facilities Construction Fund", a special fund to be established by the State Treasurer. The monies in the fund are specifically dedicated and must be applied to the cost of the purposes set forth in Section 5 and must be appropriated for these purposes by the General Assembly. Not less than twenty-five percent of the amount in the fund may be allocated for county correctional facilities. The bonds may be issued notwithstanding that the General Assembly may not have then adopted an act making specific appropriation of the monies in the fund.
SECTION 7. This act takes effect upon approval by the Governor.