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Current Status Bill Number:View additional legislative information at the LPITS web site.3046 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20010109 Primary Sponsor:Harrison All Sponsors:Harrison, Altman, Jennings Drafted Document Number:l:\council\bills\skb\18001som01.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Date of Last Amendment:20010207 Subject:Act or joint resolution imposing criminal penalty, effective date of; General Assembly, Governor, Legislative Council History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20010213 Introduced, read first time, 11 SJ referred to Committee House 20010208 Read third time, sent to Senate House 20010207 Amended, read second time House 20010201 Committee report: Favorable with 25 HJ amendment House 20010109 Introduced, read first time, 25 HJ referred to Committee House 20001206 Prefiled, referred to Committee 25 HJ Versions of This Bill Revised on February 1, 2001 - Word format Revised on February 7, 2001 - Word format
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
February 1, 2001
H. 3046
S. Printed 2/1/01--H.
Read the first time January 9, 2001.
To whom was referred a Bill (H. 3046) to amend Section 2-7-10, Code of Laws of South Carolina, 1976, relating to the general effective date of acts and joint resolutions, so as to make all acts which impose a criminal penalty, etc., respectfully
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 adding appropriately numbered sections to read:
/ SECTION ___. Section 16-1-10(C) and (D) of the 1976 Code, as last amended by Part II, Section 70B of Act 164 of 1993, is further amended to read:
"(C) The common law offense of assault and battery of a high and aggravated nature and All all offenses with a term of imprisonment of less than one year are misdemeanors and are exempt from the classification system.
(D) The following offenses are classified as exempt under subsections (A) and (B):
12-21-2790 Interference with proper operation of video game machine
12-21-6000(B) Possessing marijuana or controlled substances without appropriate stamps
16-3-10 Murder
16-3-30 Killing by poison
16-3-40 Killing by stabbing or thrusting
16-3-85(B)(1) Homicide by child abuse
16-3-85(B)(2) Aiding and abetting homicide by child abuse
16-3-210 Lynching
16-3-430 Killing in a duel
16-3-620 Assault with intent to kill (if sentenced for the common law offense of assault and battery of a high and aggravated nature)
16-3-910 Kidnapping (if sentenced for murder)
16-11-311(B) Burglary
First degree
16-11-540 Damaging or destroying building, vehicle or other property by means of explosive incendiary, death results
16-25-65 Criminal domestic violence of a high and aggravated nature
23-36-170(c), (d) Penalty (violation of South Carolina Explosives Control Act)
Third, fourth, or subsequent offenses
25-7-30 Giving information respecting national or state defense to foreign contacts during war
25-7-40 Gathering information for an enemy
44-53-370(e)(1)(a)3 Prohibited Acts A, penalties (trafficking in marijuana, 10 pounds or more, but less than 100 pounds)
Third or subsequent offenses
44-53-370(e)(1)(b) Prohibited Acts A, penalties (trafficking in marijuana, 100 pounds or more of marijuana, but less than 2,000 pounds)
44-53-370(e)(1)(c) Prohibited Acts A, (trafficking in marijuana, 2000 pounds or more, but less than 10,000 pounds)
44-53-370(e)(1)(d) Prohibited Acts A, penalties (trafficking in marijuana, 10,000 pounds of marijuana or more)
44-53-370(e)(2)(a)3 Prohibited Acts A, penalties (trafficking in cocaine, 10 grams or more, but less than 28 grams)
Third or subsequent offense
44-53-370(e)(2)(b)3 Prohibited Acts A, penalties (trafficking in cocaine, 28 grams or more, but less than 100 grams)
44-53-370(e)(2)(c) Prohibited Acts A, penalties (trafficking in cocaine, 100 grams or more, but less than 200 grams)
44-53-370(e)(2)(d) Prohibited Acts A, penalties (trafficking in cocaine, 200 grams or more, but less than 400 grams)
44-53-370(e)(2)(e) Prohibited Acts A, penalties (trafficking in cocaine, 400 grams or more)
44-53-370(e)(3)(a)2 Prohibited Acts A, penalties (trafficking in illegal drugs, 4 grams or more, but less than 14 grams)
Second or subsequent offense
44-53-370(e)(3)(b) Prohibited Acts A, penalties (trafficking in illegal drugs, 14 grams or more, but less than 28 grams)
44-53-370(e)(3)(c) Prohibited Acts A, penalties (trafficking in illegal drugs, 28 grams or more)
44-53-370(e)(4)(a)2 Prohibited Acts A, penalties (trafficking in methaqualone, 15 grams or more, but less than 150 grams)
Second or subsequent offense
44-53-370(e)(4)(b) Prohibited Acts A, penalties (trafficking in methaqualone, 150 grams but less than 1,500 grams)
44-53-370(e)(4)(c) Prohibited Acts A, penalties (trafficking in methaqualone, possession of 1,500 grams, but less than 15 kilograms of methaqualone)
44-53-370(e)(4)(d) Prohibited Acts A, penalties (trafficking in methaqualone, 15 kilograms or more)
44-53-370(e)(5)(a)3 Prohibited Acts, penalties (trafficking in LSD, 100 dosage units or more, but less than 500 dosage units)
Third or subsequent offense
44-53-370(e)(5)(b)3 Prohibited Acts, penalties (trafficking in LSD, 500 dosage units or more, but less than 1,000 dosage units)
Third or subsequent offense
44-53-370(e)(5)(c) Prohibited Acts, penalties (trafficking in LSD, 1,000 dosage units or more)
44-53-375(C)(1)(c) Trafficking in ice, crank, or crack cocaine 10 grams or more, but less than 28 grams
Third or subsequent offense
44-53-375(C)(2)(c) Trafficking in ice, crank, or crack cocaine 28 grams or more, but less than 100 grams
Third or subsequent offense
44-53-375(C)(3) Trafficking in ice, crank, or crack cocaine 100 grams or more, but less than 200 grams
44-53-375(C)(4) Trafficking in ice, crank, or crack cocaine 200 grams or more, but less than 400 grams
44-53-375(C)(5) Trafficking in ice, crank, or crack cocaine 400 grams or more
44-53-445 Distribute, sell, or manufacture, or possess with intent to distribute crack cocaine within proximity of school
56-5-2780(B)(1) Unlawfully passing a stopped school bus where great bodily injury results
56-5-2947 Child endangerment
56-15-590 Failure of a motor vehicle auction to keep required records or make them available for inspection
58-17-4090 Penalty for obstruction of railroad if death of human being results
In addition to the offenses exempt from classification provided for in Section (C), only criminal offenses with a maximum penalty of life imprisonment or death are felonies exempt from the classification system. This does not include offenses for which a sentence of life imprisonment may be given pursuant to Section 17-25-45."
SECTION ___. Section 16-1-20(B) of the 1976 Code, as last amended by Part I, Section 1 of Act 7 of 1995, 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 Sections 16-1-90 and 16-1-100 unless the offense refers to any a mandatory minimum sentence or the offense prohibits suspension of a 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 __. Section 16-1-30 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-1-30. All criminal offenses created by statute after July 1, 1993, must be provided by statute or in common law with maximum terms of imprisonment of three years or less are misdemeanors and automatically are classified according to the maximum term of imprisonment provided in the statute and pursuant to Sections 16-1-10 and 16-1-20, except offenses that are exempt from classification as provided in Section 16-1-10(C). All criminal offenses provided by statute or in common law with maximum terms of imprisonment of five years or more are felonies and automatically are classified according to the maximum term of imprisonment provided in the statute and pursuant to Sections 16-1-10 and 16-1-20 except offenses that are exempt from classification as provided in Section 16-1-10(C) and (D)."
SECTION ___. Sections 2-13-66, 16-1-90, 16-1-100, and 16-1-110 of the 1976 Code are repealed. /
Amend further by striking title and inserting:
/ TO AMEND SECTION 2-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL EFFECTIVE DATE OF ACTS AND JOINT RESOLUTIONS, SO AS TO MAKE ALL ACTS WHICH IMPOSE A CRIMINAL PENALTY EFFECTIVE ON JANUARY FIRST OF THE YEAR AFTER APPROVAL BY THE GOVERNOR, UNLESS ANOTHER DATE IS SPECIALLY NAMED IN THE ACT AS THE DAY UPON WHICH IT TAKES EFFECT; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO THE CATEGORIZATION OF FELONIES AND MISDEMEANORS, SO AS TO REVISE THE EXEMPT CATEGORY OF CRIMES; TO AMEND SECTION 16-1-20, AS AMENDED, RELATING TO PENALTIES FOR THE VARIOUS CLASSES OF CRIMES, SO AS TO REVISE THE SET OF CRIMES THE MINIMUM TERM OF IMPRISONMENT APPLIES TO; TO AMEND SECTION 16-1-30, AS AMENDED, RELATING TO THE CLASSIFICATION OF OFFENSES, SO AS TO PROVIDE THAT ALL OFFENSES ARE AUTOMATICALLY CLASSIFIED; AND TO REPEAL SECTIONS 2-13-66, 16-1-90, 16-1-100, AND 16-1-110, ALL RELATING TO THE CLASSIFICATION OF FELONIES AND MISDEMEANORS. /
Renumber sections to conform.
JAMES H. HARRISON, for Committee.
TO AMEND SECTION 2-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL EFFECTIVE DATE OF ACTS AND JOINT RESOLUTIONS, SO AS TO MAKE ALL ACTS WHICH IMPOSE A CRIMINAL PENALTY EFFECTIVE ON JANUARY FIRST OF THE YEAR AFTER APPROVAL BY THE GOVERNOR, UNLESS ANOTHER DATE IS SPECIALLY NAMED IN THE ACT AS THE DAY UPON WHICH IT TAKES EFFECT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 2-7-10 of the 1976 Code is amended to read:
"Section 2-7-10. (A) No Except as provided in subsection (B), an act or joint resolution passed by the General Assembly shall take takes effect or become of force until on the twentieth day after the day of its approval by the executive Governor, unless some other another day be is specially named in the body of the act or joint resolution as the day upon which it shall takes effect.
(B) An act which imposes a criminal penalty takes effect on January first of the year after its approval by the Governor, unless another day is specially named in the act as the day upon which it takes effect."
SECTION 2. This act takes effect upon approval by the Governor.
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