South Carolina General Assembly
113th Session, 1999-2000

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Bill 277


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE REPORT

March 3, 1999

S. 277

Introduced by Senators Thomas, Giese and Wilson

S. Printed 3/3/99--S.

Read the first time January 12, 1999.

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 277), to amend the Code of Laws of South Carolina, 1976, by adding Section 16-3-1080 so as to provide that selling or purchasing urine, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/ SECTION 1. The 1976 Code is amended by adding:

"Section 16-13-470. (A) It is unlawful for a person to sell or give away urine in this State or transport urine into this State with the intent of using the urine to defraud a drug-screening test.

(B) A person who violates a provision of subsection (A):

(1) for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years, or both;

(2) for a second or subsequent offense, is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than five years, or both.

(C) It is unlawful for a person to purchase urine with the intent to defraud a drug-screening test. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both."

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

Amend title to conform.

JAMES E. BRYAN, JR., for Committee.

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES IS:

Minimal (Some additional costs expected but can be absorbed)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES IS:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

Department of Corrections

The department indicates even though data is not available to predict the level of conviction for selling or purchasing urine with the intent to defraud a drug test, some convictions and increased admissions to SCDC are expected with sentencing up to five years. However, any impact to the General Fund of the State will be minimal and can be absorbed by the agency.

Office of Appellate Defense

The office indicates unless a number of trials with appeals result from this, there will be no impact to the General Fund of the State.

Department of Probation, Parole & Pardon Services

The department indicates there will be no impact to the General Fund of the State.

Office of Indigent Defense

The office indicates the impact associated with this bill is not determinable at this time since there is no historical data upon which to base a determination.

Commission on Prosecution Coordination

The commission indicates there will be minimal impact on the agency's operations, therefore, there will be minimal cost to the General Fund of the State which the agency can absorb.

Judicial Department

The department indicates there will be minimal impact on the agency's operations, therefore, there will be minimal cost to the General Fund of the State which the agency can absorb.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO PROVIDE THAT SELLING OR PURCHASING URINE WITH THE INTENT TO DEFRAUD A DRUG SCREENING TEST IS A FELONY, AND TO PROVIDE A PENALTY.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 16-3-1080. Selling or purchasing urine with the intent to defraud a drug screening test is a felony. A person convicted of this offense must be imprisoned not more than five years."

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

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