Current Status Bill Number:47 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970114 Primary Sponsor:Holland All Sponsors:Holland and Giese Drafted Document Number:s-jud\holland\jud9003.dhh Residing Body:House Current Committee:Judiciary Committee 25 HJ Date of Last Amendment:19970416 Subject:Date Rape Drug, Drug-Induced Crime Prevention and Punishment Act of 1997, Narcotics, Criminal sexual conduct
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19970422 Introduced, read first time, 25 HJ
referred to Committee
Senate 19970417 Read third time, sent to House
Senate 19970416 Read second time, unanimous
consent for third reading on
Thursday, 19970417
Senate 19970416 Committee amendment adopted
Senate 19970415 Consideration interrupted by
adjournment
Senate 19970410 Made Special Order
Senate 19970326 Committee report: majority 11 SJ
favorable, with amendment,
minority unfavorable
Senate 19970114 Introduced, read first time, 11 SJ
referred to Committee
View additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
April 16, 1997
S. 47
S. Printed 4/16/97--S.
Read the first time January 14, 1997.
TO ENACT THE DRUG-INDUCED CRIME PREVENTION AND PUNISHMENT ACT OF 1997 BY AMENDING SECTION 44-53-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF CONTROLLED SUBSTANCES, SO AS TO RESCHEDULE FLUNITRAZEPAM, ALSO KNOWN AS ROHYPNOL OR "THE DATE RAPE DRUG", AS A SCHEDULE III CONTROLLED SUBSTANCE; BY AMENDING SECTION 44-53-370, AS RELATING TO DRUG OFFENSES, SO AS TO CREATE THE OFFENSE OF DISTRIBUTING A CONTROLLED SUBSTANCE TO AN INDIVIDUAL WITH THE INTENT TO COMMIT A CRIME AGAINST THAT INDIVIDUAL AND ESTABLISH APPROPRIATE PENALTIES; AND BY AMENDING SECTION 16-1-90, RELATING TO THE CLASSIFICATION OF CRIMES, SO AS TO CLASSIFY THIS OFFENSE AS A FELONY.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-53-190 of the 1976 Code is amended by adding:
"(g) Any material, compound, mixture, or preparation containing flunitrazepam, or its derivative or metabolite, including its salts, isomers (whether position, geometric, or optical), and salts of such isomers whenever the existence of such salts, isomers, and salts of isomers is possible."
SECTION 2. Section 44-53-250(a) of the 1976 Code is amended to read:
"(a) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers (whether position, geometric, or optical), and salts of such isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
(1) Alprazolam
(2) Barbital
(3) Bromazepam
(4) Camazepam
(5) Chloral Betaine
(6) Chloral Hydrate
(7) Chlordiazepoxide
(8) Clobazam
(9) Clonazepam
(10) Clorazepate
(11) Clotiazepam
(12) Cloxazolam
(13) Delorazepam
(14) Diazepam
(15) Estazolam
(16) Ethchlorvynol
(17) Ethinamate
(18) Ethyl Loflazepate
(19) Fludiazepam
(20) Flunitrazepam
(21) (20) Flurazepam
(22) (21) Halazepam
(23) (22) Haloxazolam
(24) (23) Ketazolam
(25) (24) Loprazolam
(26) (25) Lorazepam
(27) (26) Lormetazepam
(28) (27) Mebutamate
(29) (28) Medazepam
(30) (29) Meprobamate
(31) (30) Methohexital
(32) (31) Methylphenobarbital
(33) (32) Nimetazepam
(34) (33) Nitrazepam
(35) (34) Nordiazepam
(36) (35) Oxazepam
(37) (36) Oxazolam
(38) (37) Paraldehyde
(39) (38) Petrichloral
(40) (39) Phenobarbital
(41) (40) Pinazepam
(42) (41) Prazepam
(43) (42) Temazepam
(44) (43) Tetrazepam
(45) (44) Triazolam."
SECTION 3. Section 44-53-370 of the 1976 Code is amended by adding:
"(f) It shall be unlawful for a person to administer, distribute, dispense, deliver, or aid, abet, attempt, or conspire to administer, distribute, dispense, or deliver a controlled substance to an individual with the intent to commit one of the following crimes against that individual:
(1) kidnapping, Section 16-3-910;
(2) criminal sexual conduct in the first, second, and third degree, Sections 16-3-652, 16-3-653, and 16-3-654;
(3) criminal sexual conduct with a minor in the first and second degree, Section 16-3-655;
(4) criminal sexual conduct where victim is legal spouse (separated), Section 16-3-658;
(5) spousal sexual battery, Section 16-3-615;
(6) engaging a child for a sexual performance, Section 16-3-810;
(7) committing lewd act upon child under sixteen, Section 16-15-140;
(8) petit larceny, Section 16-13-30 (A); or
(9) grand larceny, Section 16-13-30 (B).
(g) A person who violates subsection (f) with respect to:
(1) a controlled substance classified in Schedule I (b) or (c) which is a narcotic drug or lysergic acid diethylamide (LSD), or in Schedule II which is a narcotic drug is guilty of a felony and, upon conviction, must be:
(a) for a first offense, imprisoned not more than twenty years or fined not more than thirty thousand dollars, or both;
(b) for a second offense, or if in the case of a first conviction of a violation of any provision of this subsection, the offender previously has been convicted of a violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, imprisoned not less than five years nor more than thirty years, or fined not more than fifty thousand dollars, or both;
(c) for a third or subsequent offense, or if the offender previously has been convicted two or more times in the aggregate of a violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, imprisoned not less than fifteen years nor more than thirty years, or fined not more than fifty thousand dollars, or both.
Except in the case of conviction for a first offense, the sentence must not be suspended and probation must not be granted;
(2) any other controlled substance is guilty of a felony and, upon conviction, must be:
(a) for a first offense, imprisoned not more than fifteen years or fined not more than twenty-five thousand dollars, or both;
(b) for a second offense, or if in the case of a first conviction of a violation of any provision of this subsection, the offender previously has been convicted of a violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, imprisoned not more than twenty years or fined not more than thirty thousand dollars, or both;
(c) for a third or subsequent offense, or if the offender previously has been convicted two or more times in the aggregate of a violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, imprisoned not less than five years nor more than twenty-five years, or fined not more than forty thousand dollars, or both.
Except in the case of conviction for a first offense, the sentence must not be suspended and probation must not be granted."
SECTION 4. Section 16-1-90(A), (B), (C), and (D) of the 1976 Code are amended to read:
"(A) The following offenses are Class A felonies and the maximum terms established for a Class A felony, as set forth in Section 16-1-20(A), apply:
16-3-50 Manslaughter - voluntary
16-3-652 Criminal sexual conduct
First degree
16-3-655 Criminal sexual conduct with minors if victim under 11 years of age
First degree
16-3-656 Assault with intent to commit criminal sexual conduct
First degree
16-3-658 Criminal sexual conduct where victim is legal spouse
(separated)
First degree
16-3-910 Kidnapping
16-3-920 Conspiracy to commit
kidnapping
16-11-380 Entering bank, depository, or building and loan association with intent to steal
16-11-330(A) Robbery while armed with a deadly weapon
16-11-390 Safecracking
44-53-370 Prohibited Acts A, penalties
(b)(1) (narcotic drugs in Schedules I(b) and (c), LSD, and Schedule II)
Second, third, or subsequent offenses
44-53-370 Prohibited Acts A, penalties
(e)(2)(a)2 (trafficking in cocaine, 10 grams or more, but less than 28 grams)
Second offense
44-53-370 Prohibited Acts, penalties
(e)(2)(b)2 (trafficking in cocaine, 28 grams or more, but less than 100 grams)
Second offense
44-53-370 Prohibited Acts, penalties
(e)(5)(a)2 (trafficking in LSD, 100 dosage units or more, but less than 500 dosage units)
Second offense
44-53-370 Prohibited Acts, penalties
(e)(5)(b)2 (trafficking in LSD, 500 dosage units or more, but less than 1,000 dosage units)
Second offense
44-53-370 Prohibited Acts A, penalties (g)(1)(b) and (c) (distribution of narcotic drugs in Schedules I(b) and (c), LSD, and Schedule II with intent to commit a crime)
Second, third, or subsequent offenses
44-53-375 Manufacture, distribution, etc.,
(B)(3) ice, crank, or crack cocaine
Third or subsequent offense
44-53-375 Trafficking in ice, crank, or
(C)(1)(b) crack cocaine (10 grams or more, but less than 28 grams)
Second offense
44-53-375 Trafficking in ice, crank, or
(C)(2)(b) crack cocaine (28 grams or more, but less than 100 grams)
Second offense
55-1-30(3) Unlawful removing or damaging of airport facility or equipment when death results
56-5-1030 Interference with traffic-control
(B)(3) devices or railroad signs or signals prohibited when death results from violation
58-17-4090 Penalty for obstruction of railroad
(B) The following offenses are Class B felonies and the maximum terms established for a Class B felony, as set forth in Section 16-1-20(A), apply:
16-3-1075 Carjacking (great bodily
(B)(2) injury)
16-11-110(A) Arson - first degree
16-11-370 Robbery of operators of vehicles for hire
16-11-540 Damaging or destroying building, vehicle, or other property by means of explosive or incendiary if personal injury results
44-53-370 Prohibited Acts, penalties
(e)(2)(b)1 (trafficking in cocaine, 28 grams or more, but less than 100 grams)
First offense
44-53-370 Prohibited Acts A, penalties
(e)(3)(a)1 (trafficking in illegal drugs, 4 grams or more, but less than 14 grams)
44-53-370 Prohibited Acts, penalties
(e)(5)(b)1 (trafficking in LSD, 500 dosage units or more, but less than 1000 dosage units)
First offense
44-53-370 Prohibited Acts A, penalties (g)(2)(c) (distribution of controlled substances with intent to commit a crime)
Third or subsequent offenses
44-53-375 Manufacture, distribution, etc.,
(B)(2) ice, crank, or crack cocaine
Second offense
44-53-375 Trafficking in ice, crank, crack
(C)(2)(a) cocaine (28 grams or more, but less than 100 grams)
First offense
44-53-475 Financial transactions involving
(A)(1) property derived from unlawful drug activity
44-53-475 Transportation or attempt to
(A)(2) transfer monetary instruments derived from unlawful drug activity
56-5-2945 Causing great bodily injury or death by operating vehicle while under influence of drugs or alcohol, death resulting
(C) The following offenses are Class C felonies and the maximum terms established for a Class C felony, as set forth in Section 16-1-20(A), apply:
16-3-70 Administering or attempting to administer poison
16-3-75 Unlawful and malicious tampering with human drug product or food
16-3-220 Lynching in the second degree
16-3-620 Assault and battery with intent to kill
16-3-653 Criminal sexual conduct
Second degree
16-3-655(2) Criminal sexual conduct with minor - victim 14 years of age or less, but who is at least 11 years of age
Second degree
16-3-655(3) Criminal sexual conduct with minor - victim less than 16 years of age, but who is at least 14 years of age
Second degree
16-3-656 Assault with intent to commit criminal sexual conduct
Second degree
16-3-658 Criminal sexual conduct where victim is legal spouse (separated)
Second degree
16-3-810 Engaging child under 18 for sexual performance
16-11-110(B) Arson - second degree
16-11-330(B) Attempted armed robbery
16-11-350 Train robbery by stopping train
16-11-360 Robbery after entry upon train
16-11-540 Damaging or destroying
building, vehicle, or other
property by means of explosive
or incendiary
24-13-450 Taking of hostages by any inmate
25-7-30 Giving information respecting national or state defense to foreign contacts (violation during peacetime)
44-53-370 Prohibited Acts A, penalties
(b)(2) (manufacture or possession of other substances in Schedule I, II, III, with intent to distribute)
Third or subsequent offense
44-53-370 Prohibited Acts A, penalties
(e)(1)(a)2 (trafficking in marijuana, 10 pounds or more, but less than 100 pounds)
Second offense
44-53-370 Prohibited Acts A, penalties (g)(1)(a) (distribution of narcotic drugs in Schedules I(b) and (c), LSD, and Schedule II with intent to commit a crime)
First offense
44-53-370 Prohibited Acts A, penalties (g)(2)(b) (distribution of controlled substances with intent to commit a crime) Second offense
44-53-440 Distribution of controlled substance under Sections 44-53-370(a) and 44-53-375(B) to persons under 18
44-53-475 Concealment of property derived
(A)(3) from unlawful drug activity
58-15-870 Injuring railroad or electric railway generally if act
endangers life
(D) The following offenses are Class D felonies and the maximum terms established for a Class D felony, as set forth in Section 16-1-20(A), apply:
16-3-1075 Carjacking
(B)(1)
16-11-312 Burglary - second degree
16-11-325 Common law robbery
16-11-550 Threatening to kill, injure, or intimidate individual or damage or destroy property by means of explosive or incendiary
Second and subsequent offense
16-15-140 Committing or attempting lewd act upon child under 14
44-53-370 Prohibited Acts A, penalties
(B)(1) (narcotic drugs in Schedule I (b) and (c), LSD, and Schedule II)
First offense
44-53-370 Prohibited Acts A, penalties (g)(2)(a) (distribution of controlled substances with intent to commit a crime)
First offense
44-53-375 Possession of less than 1 gram
(A) of ice, crank, or crack cocaine
Third or subsequent offense
44-53-375 Manufacture, distribution, etc.,
(b)(1) ice, crank, or crack cocaine
First offense
44-53-577 Unlawful to hire, solicit, direct, a person under 17 years of age to transport, conceal, or conduct financial transaction relating to unlawful drug activity
56-5-2945 Causing great bodily injury by
(A)(1) operating vehicle while under influence of drugs or alcohol"
SECTION 5. If, at any time after the effective date of this act, flunitrazepam is found to have an accepted medical use in treatment in the United States, it automatically shall be rescheduled as a Schedule IV drug.
SECTION 6. Section 16-3-652 of the 1976 Code is amended to read:
"Section 16-3-652. (1) A person is guilty of criminal sexual conduct in the first degree if the actor engages in sexual battery with the victim and if any one or more of the following circumstances are proven:
(a) The actor uses aggravated force to accomplish sexual battery.
(b) The victim submits to sexual battery by the actor under circumstances where the victim is also the victim of forcible confinement, kidnapping, robbery, extortion, burglary, housebreaking, or any other similar offense or act.
(c) The actor causes the victim, without the victim's consent, to become mentally incapacitated or physically helpless by administering, distributing, dispensing, delivering, or causing to be administered, distributed, dispensed, or delivered a controlled substance.
(2) Criminal sexual conduct in the first degree is a felony punishable by imprisonment for not more than thirty years, according to the discretion of the court."
SECTION 7. This act takes effect upon approval by the Governor.