Indicates Matter Stricken

Indicates New Matter

 

Committee Report

May 3, 2023

S. 330

Introduced by Senators Rankin, Alexander, Verdin and Garrett

 

S. Printed 05/03/23--H.

Read the first time March 30, 2023

 

________

 

The committee on HOUSE Judiciary

To who was referred a Bill (S.330) to amend the South Carolina Code of Laws by amending Section 16-11-740, relating to malicious injury to telegraph, telephone, or electric utility system, etc., respectfully

Report:

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 X.  Section 44-53-190(B) of the S.C. Code is amended by adding an item to read:

    (48) Fentanyl-related substances. Unless specifically excepted, listed in another schedule, or contained within a pharmaceutical product approved by the United States Food and Drug Administration, any material, compound, mixture, or preparation, including its salts, isomers, esters, or ethers, and salts of isomers, esters, or ethers, that is structurally related to fentanyl by one or more of the following modifications:

       (a) replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle;

       (b) substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino or nitro groups;

       (c) substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino or nitro groups;

       (d) replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle; or

       (e) replacement of the N propionyl group by another acyl group or hydrogen.

    This definition includes, but is not limited to, the following substances:   Methylacetyl fentanyl, Alpha methylfentanyl,  Methylthiofentanyl, Benzylfentanyl, Beta hydroxyfentanyl, Beta hydroxy 3 methylfentanyl, 3 Methylfentanyl,  Methylthiofentanyl, Fluorofentanyl, Thenylfentanyl or Thienyl fentanyl, Thiofentanyl, Acetylfentanyl, Butyrylfentanyl, Beta Hydroxythiofentanyl, Lofentanil, Ocfentanil, Ohmfentanyl, Benzodioxolefentanyl, Furanyl fentanyl, Pentanoyl fentanyl, Cyclopentyl fentanyl, Isobutyryl fentanyl, Remifentanil, Crotonyl fentanyl, Cyclopropyl fentanyl, Valeryl fentanyl, Fluorobutyryl fentanyl, Fluoroisobutyryl fentanyl, Methoxybutyryl Fentanyl, Isobutyryl fentanyl, Chloroisobutyryl fentanyl, Acryl fentanyl, Tetrahydrofuran fentanyl, Methoxyacetyl fentanyl, Fluorocrotonyl fentanyl, Cyclopentenyl fentanyl, Phenyl fentanyl, Cyclobutyl fentanyl, Methylcyclopropyl fenantyl.

SECTION X.  Section 44-53-370(e) of the S.C. Code is amended by adding an item to read:

    (9) four grams or more of any fentanyl or fentanyl-related substance, as described in Section 44-53-190 or 44-53-210, or four grams or more of any mixture containing fentanyl or any fentanyl-related substance, is guilty of a felony which is known as "trafficking in fentanyl" and, upon conviction, must be punished as follows if the quantity involved is:

       (a) four grams or more, but less than fourteen grams:

           1. for a first offense, a term of imprisonment of not less than ten years nor more than twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

           2. for a second or subsequent offense, a mandatory minimum term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of one hundred thousand dollars;

       (b) fourteen grams or more but less than twenty-eight grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars;

       (c) twenty-eight grams or more, a mandatory term of imprisonment of not less than twenty-five years nor more than forty years, no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars;

SECTION X.  Section 16-1-60 of the S.C. Code is amended to read:

    Section 16-1-60. For purposes of definition under South Carolina law, a violent crime includes the offenses of: murder (Section 16-3-10); attempted murder (Section 16-3-29); assault and battery by mob, first degree, resulting in death (Section 16-3-210(B)), criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors, first, second, and third degree (Section 16-3-655); assault with intent to commit criminal sexual conduct, first and second degree (Section 16-3-656); assault and battery with intent to kill (Section 16-3-620); assault and battery of a high and aggravated nature (Section 16-3-600(B)); kidnapping (Section 16-3-910); trafficking in persons (Section 16-3-2020); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330(A)); attempted armed robbery (Section 16-11-330(B)); carjacking (Section 16-3-1075); drug trafficking or trafficking in fentanyl as defined in Section 44-53-370(e) or trafficking cocaine base as defined in Section 44-53-375(C); manufacturing or trafficking methamphetamine as defined in Section 44-53-375; arson in the first degree (Section 16-11-110(A)); arson in the second degree (Section 16-11-110(B)); burglary in the first degree (Section 16-11-311); burglary in the second degree (Section 16-11-312(B)); engaging a child for a sexual performance (Section 16-3-810); homicide by child abuse (Section 16-3-85(A)(1)); aiding and abetting homicide by child abuse (Section 16-3-85(A)(2)); inflicting great bodily injury upon a child (Section 16-3-95(A)); allowing great bodily injury to be inflicted upon a child (Section 16-3-95(B)); domestic violence of a high and aggravated nature (Section 16-25-65); domestic violence in the first degree (Section 16-25-20(B)); abuse or neglect of a vulnerable adult resulting in death (Section 43-35-85(F)); abuse or neglect of a vulnerable adult resulting in great bodily injury (Section 43-35-85(E)); taking of a hostage by an inmate (Section 24-13-450); detonating a destructive device upon the capitol grounds resulting in death with malice (Section 10-11-325(B)(1)); spousal sexual battery (Section 16-3-615); producing, directing, or promoting sexual performance by a child (Section 16-3-820); sexual exploitation of a minor first degree (Section 16-15-395); sexual exploitation of a minor second degree (Section 16-15-405); promoting prostitution of a minor (Section 16-15-415); participating in prostitution of a minor (Section 16-15-425); aggravated voyeurism (Section 16-17-470(C)); detonating a destructive device resulting in death with malice (Section 16-23-720(A)(1)); detonating a destructive device resulting in death without malice (Section 16-23-720(A)(2)); boating under the influence resulting in death (Section 50-21-113(A)(2)); vessel operator's failure to render assistance resulting in death (Section 50-21-130(A)(3)); damaging an airport facility or removing equipment resulting in death (Section 55-1-30(3)); failure to stop when signaled by a law enforcement vehicle resulting in death (Section 56-5-750(C)(2)); interference with traffic-control devices, railroad signs, or signals resulting in death (Section 56-5-1030(B)(3)); hit and run resulting in death (Section 56-5-1210(A)(3)); felony driving under the influence or felony driving with an unlawful alcohol concentration resulting in death (Section 56-5-2945(A)(2)); putting destructive or injurious materials on a highway resulting in death (Section 57-7-20(D)); obstruction of a railroad resulting in death (Section 58-17-4090); accessory before the fact to commit any of the above offenses (Section 16-1-40); and attempt to commit any of the above offenses (Section 16-1-80). Only those offenses specifically enumerated in this section are considered violent offenses.

Renumber sections to conform.

Amend title to conform.

 

WESTON NEWTON for Committee.

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill modifies the penalty structure for crimes involving malicious injury to telegraph, telephone, or electric utility systems.  Currently, such injury is considered a felony offense punishable by a fine set at the discretion of the court or imprisonment for not more than ten years.  The bill creates the following tiered penalty structure:

Penalty Structure for Malicious Injury to Telegraph, Telephone, or Electric Utility System

Cost of Loss or Damage, Death or Bodily Injury, or Danger to Life, Health, or Safety

Penalty

<$10,000

Fine at discretion of court or imprisonment for not more than 10 years, or both

≥$10,000 but <$25,000

Fine at discretion of court or imprisonment for not more than 15 years, or both

≥$25,000

Fine at discretion of court or imprisonment for not more than 20 years, or both

Death or bodily injury of person or imminent danger to life, health, or safety of person

Fine at discretion of court or imprisonment for not more than 25 years

The bill also provides that the amount of damages or loss shall be calculated to include the cost of repair or replacement of equipment, buildings, or structures damaged; the estimated lost revenue caused by the destructive acts; and any related damages that can reasonably be associated with the interruption of consumer services.

Judicial.  This bill modifies the existing penalty structure for malicious injury to telegraph, telephone, or electric utility systems.  Judicial intends to use existing General Fund appropriations to manage any modifications in caseloads.  Therefore, this bill will have no expenditure impact on Judicial.

Commission on Prosecution Coordination.  This bill modifies the existing penalty structure for malicious injury to telegraph, telephone, or electric utility systems, which could result in an increase in the number of warrants that are sent to the Offices of Circuit Solicitor for review, prosecution, and disposition; however, the potential increase in warrants is unknown.  The implementation of this bill will have no expenditure impact, as the commission expects to manage any increase in caseloads within current resources.

Commission on Indigent Defense.  The implementation of this bill will have no expenditure impact for Indigent Defense, as the commission expects to manage any increase in caseloads within current resources.

Department of Corrections.  This bill may result in an increase in the number of inmates housed by the Department of Corrections.  However, no data are available to estimate the increase in the number of inmates that may be housed by Corrections.  According to Corrections, in FY 2021-22, the annual total cost per inmate was $32,247, of which $30,044 was state funded, and the marginal cost per inmate was $4,836, of which $4,830 was state funded.  However, as the potential increase in incarcerations in unknown, any expenditure impact for Corrections is undetermined.  Corrections indicates that if this bill significantly increases the inmate population, the agency will request a General Fund appropriations increase.

State Revenue

This bill enhances the penalty structure for malicious injury to telegraph, telephone, or electric utility systems.  This bill may result in an increase in the fines and fees collected in court.  Court fines and fees are distributed to the General Fund, Other Funds, and local funds.  Therefore, RFA anticipates this bill may result in an undetermined impact to General Fund revenue and Other Funds revenue due to the potential increase in fines and fees collections in court.

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-11-740, RELATING TO MALICIOUS INJURY TO TELEGRAPH, TELEPHONE, OR ELECTRIC UTILITY SYSTEM, SO AS TO add tiered PENALTIES FOR DAMAGE TO A UTILITY SYSTEM.

 

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

 

SECTION 1.  Section 16-11-740 of the S.C. Code is amended to read:

 

    Section 16-11-740. (A) For purposes of this section only, "electric utility system" means all plants, facilities, assets, and equipment owned, leased, or operated for the generation, transmission, distribution, or storage of electricity, regardless of generation source, and all natural gas facilities, including natural gas pipeline infrastructure.

    (B)(1) It is unlawful for a person, without the consent of the owner, to wilfully and maliciously:

    (1)           (a) destroy, damage, or in any way injure a telegraph, telephone, electric utility system, satellite dish, or cable television system, including poles, cables, wires, fixtures, antennas, amplifiers, or other apparatus, equipment, or appliances;

    (2)           (b) obstruct, impede, or impair their services or transmissions; or

    (3)          (c) aid, agree with, employ, or conspire with a person to do or cause to be done any of the acts mentioned in this sectionssubsection.

            (2) A person who violates the provisions of this sectionsubsection is guilty of a felony misdemeanor and, upon conviction,:

               (a) if the amount of the damage or loss is less than ten thousand dollars, must be fined in the discretion of the court or imprisoned not more than ten years., or both;

           (b) if the amount of the damage or loss is ten thousand dollars or more but less than twenty-five thousand dollars, must be fined in the discretion of the court or imprisoned not more than fifteen years, or both;

           (c) if the amount of the damage or loss is twenty-five thousand dollars or more, must be fined in the discretion of the court or imprisoned not more than twenty years, or both.

       (3) A person who violates the provisions of this subsection is guilty of a felony if the destruction or damage results in the death or bodily injury of a person, or an imminent danger to the life, health, or safety of a person, and, upon conviction, must be fined in the discretion of the court or imprisoned for not more than twenty-five years, or both.

       (4) Evidence of the amount of damages or loss shall be calculated to include the cost of the repair or replacement of equipment, buildings, or structures damaged, the estimated lost revenue caused by the destructive acts, and any related damages than can reasonably be associated with the interruption of service to affected, dedicated utility customers.

    (C)(1) It is unlawful for a person, without consent of the owner, to wilfully and maliciously by means of or use of a firearm or destructive device as defined by Section 16-23-710, to:

           (a) destroy, damage, or in any way injure:

              (i) an electric utility system; or

              (ii) a gasoline, natural gas, or propane utility system, including poles, cables, wires, pipelines, storage containers, fixtures, or other apparatus, equipment, or appliances; or

              (iii) a telegraph, telephone, satellite dish, or cable television system, including poles, cables, wires, fixtures, antennas, amplifiers, or other apparatus, equipment, or appliances;

           (b) obstruct, impede, or impair their services or transmissions; or

           (c) aid, employ, or conspire with a person to do or cause to be done any of the acts mentioned in subitems (a) and (b).

       (2) A person who violates the provisions of this subsection is guilty of a felony and, upon conviction, must be imprisoned for not more than twenty-five years and may be fined in the discretion of the court.

 

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.  This act takes effect upon approval by the Governor.

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