Current Status Introducing Body:Senate Bill Number:1157 Primary Sponsor:Committee (11) Committee Number:11 Type of Legislation:GB Subject:Criminal laws Residing Body:Senate Current Committee:Judiciary Computer Document Number:1157 Introduced Date:19940209 Last History Body:Senate Last History Date:19940414 Last History Type:Recommitted to Committee Scope of Legislation:Statewide Sponsor Committee:Judiciary Sponsor Committee Number:11 Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
1157 Senate 19940414 Recommitted to Committee 11
1157 Senate 19940316 Made Special Order
1157 Senate 19940210 Read second time, notice of
general amendments
1157 Senate 19940209 Introduced, read first time,
placed on Calendar without
reference
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Indicates Matter Stricken
Indicates New Matter
INTRODUCED
February 9, 1994
S. 1157
S. Printed 2/9/94--S.
Read the first time February 9, 1994.
TO AMEND SECTION 2-25-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO STUDY CRIMINAL LAWS, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMITTEE; TO AMEND SECTION 16-1-20, AS AMENDED, RELATING TO CLASSES OF FELONIES AND MISDEMEANORS, SO AS TO PROVIDE THAT THE MINIMUM TERM OF IMPRISONMENT DOES NOT APPLY TO MISDEMEANORS LISTED IN SECTION 16-1-100 AND TO FURTHER PROVIDE THAT THIS PROVISION DOES NOT APPLY WHEN THE OFFENSE PROHIBITS SUSPENSION OF ANY PART OF THE SENTENCE; TO AMEND SECTION 16-1-57, RELATING TO THE CLASSIFICATION OF REPEAT OFFENDERS FOR CERTAIN PROPERTY CRIMES, SO AS TO PROVIDE THAT THIRD OR SUBSEQUENT OFFENSES ARE CLASS E FELONIES; TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO VIOLENT CRIMES, SO AS TO ADD THE OFFENSE OF TRAFFICKING IN CRACK COCAINE AND TO REPEAL THE PROVISION REQUIRING THE CRIME TO BE DEFINED AS A VIOLENT CRIME AT THE TIME IT WAS COMMITTED; TO AMEND SECTION 16-11-330, AS AMENDED, RELATING TO ARMED ROBBERY, SO AS TO REQUIRE A MANDATORY MINIMUM TERM OF IMPRISONMENT OF NOT LESS THAN TEN YEARS, NO PART OF WHICH MAY BE SUSPENDED OR PROBATION GRANTED; TO AMEND SECTION 16-13-10, AS AMENDED, RELATING TO FORGERY, SECTION 16-13-210, AS AMENDED, RELATING TO EMBEZZLEMENT, AND SECTION 16-13-425, AS AMENDED, RELATING TO THE FAILURE TO RETURN VIDEO AND CASSETTE TAPES, SO AS TO REVISE THE PENALTIES FOR THESE OFFENSES; TO AMEND SECTION 16-14-20, SECTIONS 16-14-40, AS AMENDED, 16-14-60, AS AMENDED, AND 16-14-70, AS AMENDED, RELATING TO FINANCIAL TRANSACTION CARD FRAUD, SO AS TO REVISE THE PENALTIES FOR THESE OFFENSES; TO AMEND SECTION 16-15-305, RELATING TO OBSCENITY, SO AS TO INCREASE THE PENALTY TO CONFORM WITH THE CRIME CLASSIFICATION ACT OF 1993; TO AMEND SECTION 22-3-545, AS AMENDED, RELATING TO THE TEMPORARY AUTHORITY TO TRANSFER CERTAIN CRIMINAL CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S COURT, SO AS TO MAKE PERMANENT THE AUTHORITY TO TRANSFER THESE CASES; TO AMEND SECTIONS 44-53-370, AS AMENDED, AND 44-53-375, AS AMENDED, RELATING TO TRAFFICKING IN CERTAIN CONTROLLED SUBSTANCES AND CRACK COCAINE, RESPECTIVELY, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT WITHOUT PAROLE, WORK RELEASE, OR SUPERVISED FURLOUGH; AND TO PROVIDE FOR THE PROSPECTIVE AND RETROSPECTIVE APPLICATION OF THE PROVISIONS OF THIS ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 2-25-10 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 2-25-10. There is created a permanent joint legislative committee to conduct a continuing study of the criminal laws of this State. The committee shall be composed of sixteen eighteen members appointed as follows:
(1) two members from the Senate Judiciary Committee appointed by the chairman of that committee;
(2) two members from the House Judiciary Committee appointed by the chairman of that committee;
(3) the chairman of the Senate Finance Committee or his designee from the membership of that committee;
(4) the chairman of the House Ways and Means Committee or his designee from the membership of that committee;
(5) the chairman of the Senate Corrections and Penology Committee or his designee from the membership of that committee;
(6) the chairman of the House Medical, Military, Public and Municipal Affairs Committee or his designee from the membership of that committee;
(7) one member from the Senate appointed by the President Pro Tempore;
(8) one member from the House of Representatives appointed by the Speaker;
(9) one member shall be a circuit solicitor appointed by the Chairman of the Commission on Prosecution Coordination;
(10) one member shall be a public defender appointed by the President of the South Carolina Public Defenders' Association;
(11) one member shall be a family court judge appointed by the Chief Justice of the South Carolina Supreme Court;
(12) one member shall be a circuit court judge appointed by the Chief Justice of the South Carolina Supreme Court; and
(13) two members shall be appointed by the Governor;
(14) one member shall be an attorney practicing in the area of criminal defense and appointed by the South Carolina Association of Criminal Defense Lawyers; and
(15) one member shall be appointed by the Board of Directors of the South Carolina Victim Assistance Network.
At its first meeting the committee shall organize by selecting from its membership a chairman, vice-chairman, secretary, and other officers the committee may determine. The committee shall meet on the call of the chairman or a majority of the members. Terms of committee members who are members of the General Assembly are coterminous with their terms of office. Appointees of the Chairman of the Commission on Prosecution Coordination, the President of the South Carolina Public Defenders' Association, the South Carolina Supreme Court, and the Governor must be appointed for terms of two years and until their successors are appointed. The committee shall report its initial findings and recommendations to the General Assembly on March 15, 1994, and shall make a report to the General Assembly each year thereafter."
SECTION 2. Section 16-1-20(B) of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"(B) For all offenders sentenced on or after July 1, 1993, the minimum term of imprisonment required by law does not apply to the offenses listed in Section Sections 16-1-90 and 16-1-100 unless the offense refers to a mandatory minimum sentence or the offense prohibits suspension of any part of the sentence. Offenses listed in Section 16-1-10(C) and (D) are exempt and minimum terms of imprisonment are applicable. No sentence of imprisonment precludes the timely execution of a death sentence."
SECTION 3. Section 16-1-57 of the 1976 Code, as added by Act 184 of 1993, is amended to read:
"Section 16-1-57. A person convicted of an offense for which the term of imprisonment is contingent upon the value of the property involved must, upon conviction for a third or subsequent offense, for such violation involving the value of property in an equal or greater amount, be fined, imprisoned, or both based upon the classification above the punishment provided for the principal offense be punished as prescribed for a Class E felony."
SECTION 4. Section 16-1-60 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-1-60. (A) For purposes of definition under South Carolina law a violent crime includes the offenses of murder (Section 16-3-10); criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors (Section 16-3-655); assault with intent to commit criminal sexual conduct (Section 16-3-656); assault and battery with intent to kill (Section 16-3-620); kidnapping (Section 16-3-910); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330); drug trafficking as defined in Section Sections 44-53-370(e) and 44-53-375(C); arson in the first degree (Section 16-11-110(A)); burglary in the first degree (Section 16-11-311); and burglary in the second degree (Section 16-11-312(B)).
(B) For a person to be considered guilty of a violent crime, the offense must be defined as a violent crime pursuant to subsection (A) at the time of the commission of the crime."
SECTION 5. Section 16-11-330 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-11-330. (A) A person convicted for the crime of robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon must be imprisoned not for a mandatory minimum term of not less than ten years nor more than thirty years, no part of which may be suspended or probation granted. A person convicted under the provisions of this subsection is not eligible for parole until he has served at least seven years of his sentence.
(1) A person under the age of twenty-one sentenced under the provisions of Chapter 19 of Title 24 (Youthful Offenders Act) convicted of armed robbery shall receive and serve a minimum sentence of at least three years, no part of which may be suspended. The person is not eligible for parole or probation until he has served a three-year minimum sentence.
(2) A person between the ages of twenty-one and twenty-five, who is convicted of armed robbery, may not be sentenced under the provisions of Chapter 19 of Title 24 (Youthful Offenders Act).
(B) A person convicted for attempted robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon must be imprisoned not more than twenty years."
SECTION 6. Section 16-13-10 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-13-10. (A) It is unlawful for a person to:
(1) falsely make, forge, or counterfeit; cause or procure to be falsely made, forged, or counterfeited; or wilfully act or assist in the false making, forging, or counterfeiting of any writing or instrument of writing;
(2) utter or publish as true any false, forged, or counterfeited writing or instrument of writing;
(3) falsely make, forge, counterfeit, alter, change, deface, or erase; or cause or procure to be falsely made, forged, counterfeited, altered, changed, defaced, or erased any record or plat of land; or
(4) willingly act or assist in any of the premises, with an intention to defraud any person.
(B) A person who violates the provisions of this section is guilty of a:
(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the amount of the forgery is five thousand dollars or more;
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the amount of the forgery is less than five thousand dollars. but more than one thousand dollars;
(3) misdemeanor triable in magistrate's court if the amount of the forgery is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.
If the forgery does not involve a dollar amount, the person is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."
SECTION 7. Section 16-13-210 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-13-210. It is unlawful for an officer or other person charged with the safekeeping, transfer, and disbursement of public funds to embezzle these funds. A person who violates the provisions of this section is guilty of a:
(1) felony and, upon conviction, must be fined, in the discretion of the court, to be proportioned to the amount of the embezzlement, and imprisoned not more than ten years if the amount of the embezzled funds is five thousand dollars or more;
(2) felony and, upon conviction, must be fined, in the discretion of the court, to be proportioned to the amount of embezzlement, and imprisoned not more than five years if the amount of the embezzled funds is more than one thousand dollars but less than five thousand dollars;
(3) misdemeanor triable in magistrate's court if the amount of the embezzled funds is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.
The person convicted of a felony is disqualified from holding any office of honor or emolument in this State; but the General Assembly, by a two-thirds vote, may remove this disability upon payment in full of the principal and interest of the sum embezzled."
SECTION 8. Section 16-13-425 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-13-425. A person having a video or cassette tape in his possession or under his control by virtue of a lease or rental agreement, who wilfully and fraudulently fails to return the video or cassette tape within seventy-two hours after the lease or rental agreement has expired, or who fraudulently secretes or appropriates this property to any use or purpose not within the due and lawful execution of his lease or rental agreement is guilty of:
(1) petit larceny if the dollar amount of the video or cassette tape lease or rental agreement is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned as provided for petit larceny;
(2) grand larceny and, upon conviction, must be fined in the discretion of the court or imprisoned not less more than five years, or both, if the dollar amount of the video or cassette tape lease or rental agreement is more than one thousand dollars but less than five thousand dollars;
(3) grand larceny and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the original dollar amount of the video or cassette tape lease or rental agreement is five thousand dollars or more."
SECTION 9. Section 16-14-20 of the 1976 Code is amended to read:
"Section 16-14-20. (a) A person is guilty of financial transaction card theft when he:
(1) He takes, obtains, or withholds a financial transaction card from the person, possession, custody, or control of another without the cardholder's consent and with the intent to use it; or who, with knowledge that it has been so taken, obtained, or withheld, receives the financial transaction card with intent to use it, or to sell it, or to transfer it to a person other than the issuer or the cardholder;
(2) He receives a financial transaction card that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder, and who retains possession with intent to use it, or to sell it, or to transfer it to a person other than the issuer or the cardholder;
(3) He, is not being the issuer, and sells a financial transaction card or buys a financial transaction card from a person other than the issuer;
(4) He, is not being the issuer, and during any twelve-month period, receives financial transaction cards issued in the names of two or more persons which he has reason to know were taken or retained under circumstances which constitute a violation of item (3) of this section and Section 16-14-60(a)(3) and subdivision (3) of subsection (a) of this section.
(b) Taking, obtaining or withholding a financial transaction card without consent is included in conduct defined as grand larceny.
Conviction of A person who commits financial transaction card theft is punishable as provided in Section 16-14-100(b) guilty of a felony and, upon conviction, must be sentenced as provided in Section 16-14-100(b)."
SECTION 10. Section 16-14-40(e) of the 1976 Code, as added by Act 184 of 1993, is amended to read:
"(e) A person who violates the provisions of this section is guilty of a misdemeanor felony and, upon conviction, must be fined not less than three thousand dollars nor more than five thousand dollars or imprisoned not more than three five years, or both."
SECTION 11. Section 16-14-60 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-14-60. (a) A person is guilty of financial transaction card fraud when, with intent to defraud the issuer, a person or organization providing money, goods, services, or anything else of value, or any other person, he:
(1) uses for the purpose of obtaining money, goods, services, or anything else of value a financial transaction card obtained or retained, or which was received with knowledge that it was obtained or retained, in violation of Sections 16-14-20 or 16-14-40 or a financial transaction card which he knows is forged, altered, expired, revoked, or was obtained as a result of a fraudulent application in violation of Section 16-14-40(c);
(2) obtains money, goods, services, or anything else of value by:
a. representing without the consent of the specified cardholder that he has permission to use it;
b. presenting the financial transaction card without the authorization or permission of the cardholder;
c. representing that he is the holder of a card and the card has not in fact been issued;
d. using a financial transaction card to knowingly and wilfully exceed:
(i) the actual balance of a demand deposit account or time deposit account;
(ii) an authorized credit line in an amount which exceeds the authorized credit line by five hundred dollars or fifty percent of the authorized credit line, whichever is greater, if the cardholder has not paid to the issuer of the financial transaction card the total amount of the excess over the authorized credit line within ten days after notice to the cardholder by certified mail to the last known address that the credit line has been exceeded. Failure to pay the amount in excess of the authorized credit line after the notice, is prima facie evidence of an intent to defraud;
(3) obtains control over a financial transaction card as security for debt;
(4) deposits into his account or any account, by means of an automated banking device, a false, fictitious, forged, altered, or counterfeit check, draft, money order, or any other document not his lawful or legal property;
(5) receives money, goods, services, or anything else of value as a result of a false, fictitious, forged, altered, or counterfeit check, draft, money order, or any other document having been deposited into an account by means of an automated banking device, knowing at the time of receipt of the money, goods, services, or item of value that the document deposited was false, fictitious, forged, altered, or counterfeit or that the above deposited item was not his lawful or legal property.
A person who violates the provisions of this subsection except subsection (a)(2)d. is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both, if the value of all money, goods, services, and other things of value furnished in violation of this section or if the difference between the value actually furnished and the value represented to the issuer to have been furnished in violation of this section, does not exceed five hundred dollars in any six-month period. If the value exceeds five hundred dollars in a six-month period, then, a person is guilty of a felony and, upon conviction, a person must be fined not less than three thousand dollars or more than five thousand dollars or imprisoned not more than three five years, or both.
A person who violates the provisions of subsection (a)(2)d. is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.
(b) A person who is authorized by an issuer to furnish money, goods, services, or anything else of value upon presentation of a financial transaction card by the cardholder, or any agent or employee of such person is guilty of a financial transaction card fraud when, with intent to defraud the issuer or the cardholder, he:
(1) furnishes money, goods, services, or anything else of value upon presentation of a financial transaction card obtained or retained in violation of Section 16-14-20, or a financial transaction card which he knows is forged, expired, or revoked;
(2) fails to furnish money, goods, services, or anything else of value which he represents in writing to the issuer that he has furnished.
A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both, if the value of all money, goods, services, and other things of value furnished in violation of this section or if the difference between the value actually furnished and the value represented to the issuer to have been furnished in violation of this section, does not exceed five hundred dollars in any six-month period. If the value exceeds five hundred dollars in a six-month period, then, a person is guilty of a felony and, upon conviction, a person must be fined not less than three thousand dollars nor more than five thousand dollars or imprisoned not more than three five years, or both.
(c) A person is guilty of financial transaction card fraud when, upon application for a financial transaction card to an issuer, he knowingly makes or causes to be made a false statement or report relative to his name, occupation, financial condition, assets, or liabilities; or wilfully and substantially overvalues any assets, or wilfully omits or substantially undervalues any indebtedness for the purpose of influencing the issuer to issue a financial transaction card. A person who violates the provision provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.
(d) A cardholder is guilty of financial transaction card fraud when he wilfully, knowingly, and with an intent to defraud the issuer, a person or organization providing money, goods, services, or anything else of value, or any other person, submits, verbally or in writing, to the issuer or any other person, any false notice or report of the theft, loss, disappearance, or nonreceipt of his financial transaction card. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.
(e) In any prosecution for violation of Section 16-14-60, the State is not required to establish and it is no defense that some of the acts constituting the crime did not occur in this State or within one city, county, or local jurisdiction.
(f) For purposes of this section, revocation is construed to include either notice given in person or notice given in writing to the person to whom the financial transaction card or personal identification code was issued. Notice of revocation is immediate when notice is given in person. The sending of a notice in writing by registered or certified mail in the United States mail, duly stamped and addressed to the person at his last address known to the issuer, is prima facie evidence that the notice was duly received after seven days from the date of the deposit in the mail. If the address is located outside the United States, Puerto Rico, the Virgin Islands, the Canal Zone, and Canada, notice is presumed to have been received ten days after mailing by registered or certified mail.
(g) (1) A person who is authorized by an acquirer to furnish money, goods, services, or anything else of value upon presentation of a credit card or a credit card account number by a cardholder, or any employee of that person, who presents to the issuer or acquirer, for payment, a credit card transaction record of a sale, which sale was not made by that person or employee, violates this subsection and is guilty of a misdemeanor, felony and, upon conviction, must be fined not less than three thousand dollars nor more than five thousand dollars or imprisoned not more than three five years, or both.
(2) A person without the acquirer's express authorization, employs, or solicits authorized merchants, or any agent or employee of the merchant, to remit to an issuer or acquirer, for payment, a financial transaction card record of a sale, which sale was not made by the merchant, his agent, or employee, is guilty of a felony and, upon conviction, is punishable as provided in Section 16-14-100(b)."
SECTION 12. Section 16-14-70 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-14-70. (A) A person is guilty of criminal possession of financial transaction card forgery devices when:
(1) he is a person other than the cardholder and possesses two or more incomplete financial transaction cards, with intent to complete them without the consent of the issuer;
(2) he possesses, with knowledge of its character, machinery, plates, or any other contrivance designed to reproduce instruments purporting to be financial transaction cards of an issuer who has not consented to the preparation of such financial transaction cards.
(B) A financial transaction card is incomplete if part of the matter other than the signature of the cardholder, which an issuer requires to appear on the financial transaction card before it can be used by a cardholder, has not yet been stamped, embossed, imprinted, encoded, or written upon it.
A person who violates the provisions of this section is guilty of a misdemeanor felony and, upon conviction, must be fined not less than three thousand dollars nor more than five thousand dollars or imprisoned not more than three five years, or both."
SECTION 13. Section 16-15-305(H) of the 1976 Code, as added by Act 168 of 1987, is amended to read:
"(H) A person who violates this section is guilty of a felony and, upon conviction, must be imprisoned for not more than three five years or fined not more than ten thousand dollars, or both."
SECTION 14. Section 22-3-545(A) of the 1976 Code, as last amended by Act 174 of 1993, is further amended to read:
"(A) Notwithstanding the provisions of Sections 22-3-540 and 22-3-550 and effective from July 1, 1993, until July 1, 1994, a criminal case, the penalty for which the crime in the case does not exceed five thousand dollars or one year imprisonment, or both, may be transferred from general sessions court if the provisions of this section are followed."
SECTION 15. The last three paragraphs of Section 44-53-370(e) of the 1976 Code, as last amended by Act 184 of 1993, are further amended to read:
"Sentences for a violation of the provisions of this subsection may not be suspended and probation may not be granted. A person convicted and sentenced under this subsection to a mandatory term of imprisonment of twenty-five years, a mandatory minimum term of imprisonment of twenty-five years, or a mandatory minimum term of imprisonment of not less than twenty-five years nor more than thirty years is not eligible for parole, extended work release, as provided in Section 24-13-610, or supervised furlough, as provided in Section 24-13-710. Notwithstanding Section 44-53-420, any a person convicted of conspiracy pursuant to this subsection must be sentenced as provided herein in this section with a full sentence or punishment and not one-half of the sentence or punishment prescribed for the offense.
The weight of any controlled substance in this subsection includes the substance in pure form or any compound or mixture of the substance.
The offense of possession with intent to distribute described in Section 44-53-370(a) is a lesser included offense to the offenses of trafficking based upon possession described in this subsection."
SECTION 16. Section 44-53-375(D) of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"(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. A person convicted and sentenced under this subsection to a mandatory term of imprisonment of twenty-five years, a mandatory minimum term of imprisonment of twenty-five years, or a mandatory minimum term of imprisonment of not less than twenty-five years nor more than thirty years is not eligible for parole, extended work release, as provided in Section 24-13-610, or supervised furlough, as provided in Section 24-13-710."
SECTION 17. All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this act takes effect are saved. The provisions of this act apply prospectively to crimes and offenses committed after the effective date of this act. The provisions of this act apply prospectively to all sentences pronounced on or after the effective date of this act, except where a penalty greater than the one in effect on the date the offense was committed would be required. Notwithstanding the provisions of this section, Section 16-1-60 applies retroactively and prospectively.
SECTION 18. This act takes effect upon approval by the Governor.