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H. 3120
STATUS INFORMATION
General Bill
Sponsors: Rep. Davenport
Document Path: l:\council\bills\swb\5019djc03.doc
Companion/Similar bill(s): 3196
Introduced in the House on January 14, 2003
Currently residing in the House Committee on Judiciary
Summary: Cocaine,ice,crank,crack; penalties and prima facie evidence provisions for unlawful possession of with intent to distribute
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/4/2002 House Prefiled 12/4/2002 House Referred to Committee on Judiciary 1/14/2003 House Introduced and read first time HJ-52 1/14/2003 House Referred to Committee on Judiciary HJ-52 1/21/2004 House Member(s) request name removed as sponsor: Cobb-Hunter
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 44-53-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITED ACTS AND PENALTIES IN CONNECTION WITH POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES, SO AS TO REMOVE COCAINE FROM THE PENALTY AND PRIMA FACIE EVIDENCE PROVISIONS OF SECTION 44-53-370 AS THEY RELATE TO THE OFFENSES OF UNLAWFUL POSSESSION OF COCAINE, AND POSSESSION OF COCAINE WITH INTENT TO DISTRIBUTE; AND TO AMEND SECTION 44-53-375, AS AMENDED, RELATING TO PROHIBITED ACTS AND PENALTIES IN CONNECTION WITH POSSESSION, DISTRIBUTION, AND MANUFACTURE OF ICE, CRANK, AND CRACK COCAINE, SO AS TO EQUALIZE THE PENALTIES FOR UNLAWFUL POSSESSION OF COCAINE AND CRACK COCAINE AND THE PENALTIES FOR POSSESSION OF COCAINE AND CRACK COCAINE WITH INTENT TO DISTRIBUTE BY INCLUDING COCAINE IN THE PENALTY AND PRIMA FACIE EVIDENCE PROVISIONS OF SECTION 44-53-375.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-53-370(b)(1) of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"(1) a controlled substance classified in Schedule I (b) and (c) which is a narcotic drug or lysergic acid diethylamide (LSD) and in Schedule II which is a narcotic drug, except cocaine as defined in Section 44-53-210(b)(4) for which a different penalty is prescribed in Section 44-53-375, is guilty of a felony and, upon conviction, for a first offense must be imprisoned not more than fifteen years or fined not more than twenty-five thousand dollars, or both. For a second offense, or if, in the case of a first conviction of 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, the offender must be imprisoned not less than five years nor more than thirty years, or fined not more than fifty thousand dollars, or both. 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, the offender must be 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;"
SECTION 2. Section 44-53-370(d)(1) of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"(1) a controlled substance classified in Schedule I (b) and (c) which is a narcotic drug or lysergic acid diethylamide (LSD) and in Schedule II which is a narcotic drug, except cocaine as defined in Section 44-53-210(b)(4) for which a different penalty is prescribed in Section 44-53-375, is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than two years or fined not more than five thousand dollars, or both. For a second offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than five thousand dollars, or both. For a third or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than ten thousand dollars, or both;"
SECTION 3. Section 44-53-370(d)(3) of the 1976 Code, as last amended by Act 267 of 2002, is further amended to read:
"(3) possession of more than: ten grains of cocaine, one hundred milligrams of alpha- or beta-eucaine, four grains of opium, four grains of morphine, two grains of heroin, one hundred milligrams of isonipecaine, twenty-eight grams or one ounce of marijuana, ten grams of hashish, fifty micrograms of lysergic acid diethylamide (LSD) or its compounds, fifteen tablets, capsules, dosage units, or the equivalent quantity of 3, 4-methylenedioxymethamphetamine (MDMA), or twenty milliliters or milligrams of gamma hydroxybutyric acid or a controlled substance analogue of gamma hydroxybutyric acid, is prima facie guilty of violation of subsection (a) of this section. A person who violates this subsection with respect to twenty-eight grams or one ounce or less of marijuana or ten grams or less of hashish is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than thirty days or fined not less than one hundred dollars nor more than two hundred dollars. Conditional discharge may be granted in accordance with the provisions of Section 44-53-450 upon approval by the circuit solicitor to the magistrate or municipal judge. As a part of a sentence, a magistrate or municipal judge may require attendance at an approved drug abuse program. Persons charged with the offense of possession of marijuana or hashish under this item may be permitted to enter the pretrial intervention program under the provisions of Sections 17-22-10 through 17-22-160. For a second or subsequent offense, the offender is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not less than two hundred dollars nor more than one thousand dollars, or both.
When a person is charged under this subsection for possession of controlled substances, bail shall not exceed the amount of the fine and the assessment provided pursuant to Section 14-1-206, 14-1-207, or 14-1-208, whichever is applicable. A person charged under this item for a first offense for possession of controlled substances may forfeit bail by nonappearance. Upon forfeiture in general sessions court, the fine portion of the bail must be distributed as provided in Section 14-1-205. The assessment portion of the bail must be distributed as provided in Section 14-1-206, 14-1-207, or 14-1-208, whichever is applicable."
SECTION 4. Section 44-53-375(A) and (B) of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"(A) A person possessing or attempting to possess less than one gram of ice, crank, or crack cocaine, as defined in Section 44-53-110, or less than ten grains of cocaine, as defined in Section 44-53-210(b)(4), is guilty of a felony and, upon conviction for a first offense, must be imprisoned not more than five years and fined not less than five thousand dollars. For a first offense the court, upon approval of the solicitor, may require as part of a sentence, that the offender enter and successfully complete a drug treatment and rehabilitation program. For a second offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than ten years and fined not less than ten thousand dollars. For a third or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not less than ten years nor more than fifteen years and fined not less than fifteen thousand dollars.
(B) A person who manufactures, distributes, dispenses, delivers, purchases, or otherwise aids, abets, attempts, or conspires to manufacture, distribute, dispense, deliver, or purchase, or possesses with intent to distribute, dispense, or deliver ice, crank, or crack cocaine, or cocaine as defined in Section 44-53-210(b)(4), in violation of the provisions of Section 44-53-370, is guilty of a felony and, upon conviction:
(1) for a first offense, must be sentenced to a term of imprisonment of not more than fifteen years and fined not less than twenty-five thousand dollars;
(2) for a second offense or if, in the case of a first conviction of a violation of this section, the offender has been convicted of any of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, the offender must be imprisoned for not more than twenty-five years and fined not less than fifty thousand dollars;
(3) for a third or subsequent offense or if the offender has been convicted two or more times in the aggregate of any 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, the offender must be imprisoned for not more than thirty years and fined not less than one hundred thousand dollars.
Possession of one or more grams of ice, crank, or crack cocaine, or of more than ten grains of cocaine as defined in Section 44-53-210(b)(4), is prima facie evidence of a violation of this subsection."
SECTION 5. All proceedings pending and all rights and liabilities existing, acquired, or accrued at the time this act takes effect are saved. Except as otherwise provided, the provisions of this act apply prospectively to crimes and offenses committed on or after the effective date of this act. A person arrested, charged, or indicted under those provisions of law amended by this act must be tried and, if convicted, sentenced, and any administrative penalty or suspension exacted, as provided by the law in force at the time of the commission of the crime or offense charged.
SECTION 6. This act takes effect upon approval by the Governor.
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