A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-53-250, RELATING TO CONTROLLED SUBSTANCES IN SCHEDULE IV, SO AS TO PROVIDE THAT ABORTIFACIENTS, INCLUDING MIFEPRISTONE AND MISOPROSTOL, ARE INCLUDED IN SCHEDULE IV; BY AMENDING SECTION 44-53-370, RELATING TO PROHIBITED ACTS AND PENALTIES RELATED TO CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT THE SENTENCE FOR VIOLATIONS RELATED TO ABORTIFACIENTS MAY NOT BE SUSPENDED OR PAROLE GRANTED.

 

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

 

SECTION 1.  Section 44-53-250(d) of the S.C. Code is amended to read:

 

    (d) Abortifacients. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of: the following substances, including its salts;

       (1) [Blank]Mifepristone; and

       (2) Misoprostol.

 

SECTION 2.  Section 44-53-370(b)(3) of the S.C. Code is amended to read:

 

    (3) a substance classified in Schedule IV except for flunitrazepam is guilty of a misdemeanor and, upon conviction, for a first offense must be imprisoned not more than three years or fined not more than three thousand dollars, or both. In the case of second or subsequent offenses, the person is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than six thousand dollars, or both. Notwithstanding any other provision of law and except for offenses related to abortifacients, a person convicted and sentenced pursuant to this item for a first offense or second offense may have the sentence suspended and probation granted and is eligible for parole, supervised furlough, community supervision, work release, work credits, education credits, and good conduct credits. Regarding abortifacients, the sentence must not be suspended nor probation granted. Notwithstanding any other provision of law, a person convicted and sentenced pursuant to this subsection for a third or subsequent offense in which all prior offenses were for possession of a controlled substance pursuant to subsections (c) and (d) and except for offenses related to abortifacients, may have the sentence suspended and probation granted and is eligible for parole, supervised furlough, community supervision, work release, work credits, education credits, and good conduct credits. In all other cases, including cases related to abortifacients, the sentence must not be suspended nor probation granted;

 

SECTION 3.  Section 44-53-370(d)(2) of the S.C. Code is amended to read:

 

    (2) any other controlled substance classified in Schedules I through V is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than six months or fined not more than one thousand dollars, or both.  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 more than two thousand dollars, or both, except as provided in subsection (d)(4).  Notwithstanding any other provision of law, a person convicted and sentenced pursuant to this item for an offense other than an offense related to abortifacients, may have the sentence suspended and probation granted and is eligible for parole, supervised furlough, community supervision, work release, work credits, education credits, and good conduct credits. In cases related to abortifacients, the sentence must not be suspended nor probation granted;

 

SECTION 4.  Nothing in this act shall be construed to prohibit the ability of a physician to perform a medical procedure necessary in his reasonable medical judgment to prevent the death or irreversible physical impairment of a pregnant woman or a woman no longer pregnant due to miscarriage.

 

SECTION 5.  The General Assembly finds that the sections presented in this act constitute one subject as required by Article III, Section 17 of the South Carolina Constitution, in particular finding that each change and each topic relates directly to or in conjunction with other sections to the subject of placing abortifacients in Schedule IV of the Controlled Substances Act as clearly enumerated in the title. The General Assembly further finds that a common purpose or relationship exists among the sections, representing a potential plurality but not disunity of topics, notwithstanding that reasonable minds might differ in identifying more than one topic contained in the act.

 

SECTION 6.  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 7.  This act takes effect upon approval by the Governor.

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