A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 44-53-447 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO KNOWINGLY AND INTENTIONALLY POSSESS, SELL, DISTRIBUTE, MANUFACTURE, OR PURCHASE A CONTROLLED SUBSTANCE IN A DRUG-FREE HOMELESS ZONE, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THE SECTION.

 

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

 

SECTION 1.  Chapter 53, Title 44 of the S.C. Code is amended by adding:

 

    Section 44-53-447. (A)  For purposes of this section:

       (1) "Controlled substance" has the same definition as used in Section 44-53-110.

       (2) "Drug-free homeless service zone" means the area within three hundred feet of the premises of a facility-based service.

       (3) "Facility-based services" means any:

           (a) emergency or temporary shelter, transitional housing, or permanent supportive housing that receives federal, state, or local funds for the purpose of providing shelter to homeless persons; or

           (b) other facility-based services.

       (4) "Operator" means the sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association that is the direct recipient of federal, state, or local funds for the provision of facility-based services.

    (B) It is unlawful for a person to knowingly or intentionally:

       (1) enter a drug-free homeless zone while unlawfully possessing a controlled substance;

       (2) enter a drug-free homeless zone with the intent to sell, distribute, manufacture, or purchase a controlled substance; or

       (3) allow individuals to possess, sell, distribute, possess with the intent to distribute, manufacture, or purchase a controlled substance on the premises of a facility-based service that:

           (a) primarily serves homeless individuals; and

           (b) receives federal, state, or local funding.

    (C)(1) A person who violates the provisions of subsection (B)(1) for a first offense shall be referred to a diversionary program. A person who violates the provisions of subsection (B)(1) for a second or subsequent offense is guilty of a misdemeanor, and upon conviction, must be fined not more than three thousand dollars, or imprisoned not more than three years, thirty days of which shall not be suspended, or both.

       (2) A person who violates the provisions of subsection (B)(2) is guilty of a felony, and, upon conviction, must be fined not more than ten thousand dollars, or imprisoned not more than ten years, three years of which shall not be suspended, or both.

       (3) A person who violates the provisions of subsection (B)(3) is guilty of a felony, and, upon conviction, must be fined not more than five thousand dollars, or imprisoned not more than five years, one year of which shall not be suspended, or both.

    (D) An operator of a facility-based service who is convicted of a violation of subsection (B)(3) is ineligible to apply for homelessness assistance grants from the state for a period of three years.

    (E) Each operator of a facility-based service that primarily serves homeless individuals shall place and maintain permanently fixed signs located in a conspicuous manner clearly visible to the public at the main entrance of the facility that identifies the building and its accompanying grounds as a drug-free homeless service zone. Such signs shall be written in both English and Spanish and in contrasting colors with block letters at least one inch in height. The signs must contain the following language:

"This facility is a drug-free homeless service zone. Pursuant to South Carolina Code Section 44-53-447, the sale, distribution, manufacture, purchase, or possession of controlled substances within three hundred feet of this facility is expressly prohibited. Violations of the law carry penalties of up to ten years' imprisonment, up to ten thousand dollars in fines, or both."

 

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

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