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Current Status Bill Number:View additional legislative information at the LPITS web site.3032 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990112 Primary Sponsor:Kelley All Sponsors:Kelley, Edge Drafted Document Number:l:\council\bills\pt\1113cm99.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Drug paraphernalia, unlawful advertisement for sell or delivery of; penalties, Narcotics and Drugs History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 19990112 Introduced, read first time, 25 HJ referred to Committee House 19981209 Prefiled, referred to Committee 25 HJ Versions of This Bill
TO AMEND SECTION 44-53-391, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL ADVERTISEMENT FOR SALE, MANUFACTURE, POSSESSION, SALE, OR DELIVERY OF DRUG PARAPHERNALIA, SO AS TO REVISE THE PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-53-391(c) of the 1976 Code is amended to read:
"(c) Any person found guilty of violating the provisions of this section shall be subject to a civil fine of not more than five hundred dollars except that a corporation shall be subject to a civil fine of not more than fifty thousand dollars. Imposition of such fine shall not give rise to any disability or legal disadvantage based on conviction for a criminal offense. A person who violates the provisions of this section is guilty of a:
(1) misdemeanor triable in magistrate court for a first offense and, upon conviction, must be imprisoned not more than thirty days or fined not more than five hundred dollars, or both. However, a corporation is subject to a fine of not more than fifty thousand dollars;
(2) misdemeanor for a second offense and, upon conviction, must be imprisoned not more than three years or fined not more than one thousand dollars, or both. However, a corporation is subject to a fine of not more than seventy-five thousand dollars;
(3) felony for a third and subsequent offense and, upon conviction, must be imprisoned not more than five years or fined not more than two thousand dollars, or both. However, a corporation is subject to a fine of not more than one hundred thousand dollars."
SECTION 2. This act takes effect upon approval by the Governor.
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