Bill 868

                    Current Status

Introducing Body:               Senate
Bill Number:                    868
Primary Sponsor:                McConnell
Committee Number:               11
Type of Legislation:            GB
Subject:                        Trafficking in cocaine
Residing Body:                  Senate
Current Committee:              Judiciary
Computer Document Number:       DKA/3026AL.94
Introduced Date:                19940111
Last History Body:              Senate
Last History Date:              19940111
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   McConnell
                                Rose
                                Wilson
                                Giese
                                Martin
Type of Legislation:            General Bill

Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

868   Senate  19940111      Introduced, read first time,    11
                            referred to Committee
868   Senate  19931011      Prefiled, referred to           11
                            Committee

DKA\3026AL.94 DKA\3026AL.94

A BILL

TO AMEND SECTION 44-53-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFICKING IN COCAINE, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT WITHOUT PAROLE, WORK RELEASE, OR SUPERVISED FURLOUGH.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. 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 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, 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 2. This act takes effect upon approval by the Governor.