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H. 4418
STATUS INFORMATION
General Bill
Sponsors: Rep. Davenport
Document Path: l:\council\bills\ms\7056ahb06.doc
Introduced in the House on January 12, 2006
Currently residing in the House Committee on Judiciary
Summary: Methamphetamine
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/12/2006 House Introduced and read first time HJ-5 1/12/2006 House Referred to Committee on Judiciary HJ-5
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 20-7-1572, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERMINATION OF PARENTAL RIGHTS, SO AS TO ADD THE UNLAWFUL MANUFACTURE OF METHAMPHETAMINE IN THE PRESENCE OF A CHILD TO THE LIST OF GROUNDS FOR WHICH THE FAMILY COURT MAY ORDER TERMINATION OF PARENTAL RIGHTS; AND TO AMEND SECTION 44-53-375, AS AMENDED, RELATING TO POSSESSION, MANUFACTURE, AND TRAFFICKING IN METHAMPHETAMINE AND COCAINE BASE, SO AS TO CREATE THE OFFENSE OF UNLAWFUL MANUFACTURE OF METHAMPHETAMINE IN THE PRESENCE OF A CHILD AND TO PROVIDE A PENALTY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-1572 of the 1976 Code, as last amended by Act 168 of 2005, is further amended by adding an appropriately numbered subsection at the end:
"( ) A parent of the child pleads guilty to, nolo contendere to, or is convicted of the unlawful manufacture of methamphetamine in the presence of a child pursuant to the provisions of Section 44-53-375(H)."
SECTION 2. Section 44-53-375 of the 1976 Code, as last amended by Act 127 of 2005, is further amended by adding:
"(H) In addition to the provisions of subsection (G), a person eighteen years of age or older who violates the provisions of subsection (B) or (C) may be charged with unlawful manufacture of methamphetamine in the presence of a child if a child is present at any time during the unlawful manufacturing of methamphetamine. The presence of a methamphetamine laboratory where a child is present is prima facie evidence of a violation of this subsection.
(1) A person who violates the provisions of this subsection is guilty of a felony and, upon conviction;
(a) for a first offense, must be sentenced to a mandatory minimum of five years, no part of which may be suspended or probation granted; and
(b) for a second offense, must be sentenced to life imprisonment.
(2) A person who violates the provisions of this subsection is also subject to termination of parental rights pursuant to the provisions of Section 20-7-1572."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 4. This act takes effect upon approval by the Governor.
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