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(e)(2)(b)2 (trafficking - cocaine, 28 - 99.99 grams)

Second offense

44-53-370 Prohibited Acts A, penalties

(e)(2)(b)3 (trafficking - cocaine, 28 - 99.99 grams)

Third or subsequent offense

44-53-370 Prohibited Acts A, penalties

(e)(2)(c) (trafficking - cocaine, 100 - 199.99 grams)

44-53-370 Prohibited Acts A, penalties

(e)(2)(d) (trafficking - cocaine, 200 - 399.99 grams)

44-53-370 Prohibited Acts A, penalties

(e)(2)(e) (trafficking - cocaine, 400 grams or more)

44-53-370 Prohibited Acts A, penalties

(e)(3)(a)1 (trafficking - illegal drugs, 4 - 13.99 grams)

First offense

44-53-370 Prohibited Acts A, penalties

(e)(3)(a)2 (trafficking - illegal drugs, 4 - 13.99 grams)

Second or subsequent offense

44-53-370 Prohibited Acts A, penalties

(e)(3)(b) (trafficking - illegal drugs, 14 - 27.99 grams)

44-53-370 Prohibited Acts A, penalties

(e)(3)(c) (trafficking - illegal drugs, 28 grams or more)

44-53-370 Prohibited Acts A, penalties

(e)(4)(a)2 (trafficking - methaqualone, 15 - 149.99 grams)

Second offense

44-53-370 Prohibited Acts A, penalties

(e)(4)(b) (trafficking - methaqualone, 150 - 1,499.99 grams)

44-53-370 Prohibited Acts A, penalties

(e)(4)(c) (trafficking - methaqualone, possession of 1,500 grams, but less than 15 kilograms)

44-53-370 Prohibited Acts A, penalties

(e)(4)(d) (trafficking - methaqualone, 15 kilograms or more)

44-53-370 Prohibited Acts, penalties

(e)(5)(a)2 (trafficking - LSD, 100 - 499.99 dosage units)

Second offense

44-53-370 Prohibited Acts, penalties

(e)(5)(a)3 (trafficking - LSD, 100 - 499.99 dosage units)

Third or subsequent offense

(e)(5)(b)1 (trafficking - LSD, 500 - 999.99 dosage units)

First offense

44-53-370 Prohibited Acts, penalties

(e)(5)(b)2 (trafficking - LSD, 500 - 999.99 dosage units)

Second offense

44-53-370 Prohibited Acts, penalties

(e)(5)(b)3 (trafficking - LSD, 500 - 999.99 dosage units)

Third or subsequent offense

44-53-370 Prohibited Acts, penalties

(e)(5)(c) (trafficking - LSD, 1,000 dosage units or more)

44-53-375 Manufacture, distribution, etc., ice, crank, or (B)(2)crack cocaine

Second offense

44-53-375 Manufacture, distribution, etc., ice, crank, or (B)(3)crack cocaine

Third or subsequent offense

44-53-375 Trafficking in ice, crank, or crack cocaine (10 -(C)(1)(b)27.99 grams)

Second offense

44-53-375 Trafficking in ice, crank, or crack cocaine (10 -(C)(1)(c)27.99 grams)

Third or subsequent offense

44-53-375 Trafficking in ice, crank, or crack cocaine (28 -(C)(2)(a)99.99 grams)

First offense

44-53-375 Trafficking in ice, crank, or crack cocaine (28 -(C)(2)(b)99.99 grams)

Second offense

44-53-375 Trafficking in ice, crank, or crack cocaine (28 -(C)(2)(c)99.99 grams)

Third or subsequent offense

44-53-375 Trafficking in ice, crank, or crack cocaine (100 (C)(3)- 199.99 grams)

44-53-375 Trafficking in ice, crank, or crack cocaine (200 (C)(4)- 399.99 grams)

44-53-375 Trafficking in ice, crank, or crack cocaine (400 (C)(5)grams or more)

55-1-30(3) Unlawful removing or damaging of airport facility or equipment when death results

when death results from violation

58-17-4090 Obstruction of railroad, death results."

SECTION 2. The 1976 Code is amended by adding:

"Section 24-13-125. (A) No prisoner convicted of a `community supervision offense' against this State and sentenced to the custody of the Department of Corrections, including a prisoner serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20, is eligible for work release until the prisoner has served not less than eighty percent of the actual term of imprisonment imposed. This percentage must be calculated without the application of earned work credits, education credits, or good conduct credits, and is to be applied to the actual term of imprisonment imposed, not including any portion of the sentence which has been suspended. Nothing in this section may be construed to allow a prisoner convicted of murder or a prisoner prohibited from participating in work release by another provision of law to be eligible for work release.

(B) If a prisoner confined in a facility of the department commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the Director of the Department of Corrections. If a prisoner confined in a local correctional facility pursuant to a designated facility agreement commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the local official having charge of the prisoner. The decision to withhold credits is solely the responsibility of officials named in this subsection."

SECTION 3. The 1976 Code is amended by adding:
"Section 24-13-150. (A) A prisoner convicted of a `community supervision offense' against this State and sentenced to the custody of the Department of Corrections, including a prisoner serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20, is not eligible for early release, discharge, or community supervision as provided in Section 24-21-560, until the prisoner has served at least eighty-five percent of the actual term of imprisonment imposed. This percentage must be calculated without the application of earned work credits, education credits, or good conduct credits, and is to be applied to the actual term of imprisonment imposed, not including any portion of the sentence which has been suspended. Nothing in this section may be construed to allow a prisoner convicted of murder or a prisoner prohibited

SECTION 4. The 1976 Code is amended by adding:

"Section 24-13-175. Notwithstanding any other provision of law, sentences imposed and time served must be computed based upon a three hundred and sixty-five day year."

SECTION 5. The 1976 Code is amended by adding:

"Section 24-21-560. (A) Notwithstanding any other provision of law, except in cases in which the death penalty or a term of life imprisonment is imposed, any sentence for a `community supervision offense' as defined in Section 24-13-100 must include any term of incarceration and completion of a community supervision program operated by the Department of Probation, Parole and Pardon Services. No prisoner who is serving a sentence for a `community supervision offense' is eligible to participate in a community supervision program until he has served the minimum period of incarceration as set forth in Section 24-13-150. Nothing in this section may be construed to allow a prisoner convicted of murder or a prisoner prohibited from early release, discharge, or work release by any other provision of law to be eligible for early release, discharge, or work release.

(B) A community supervision program operated by the Department of Probation, Parole and Pardon Services must last no more than two continuous years. The period of time a prisoner is required to participate in a community supervision program and the individual terms and conditions of a prisoner's participation shall be at the discretion of the department based upon guidelines developed by the director. A prisoner participating in a community supervision program must be supervised by a probation agent of the department. The department must determine when a prisoner completes a community supervision program, violates a term of community supervision, fails to participate in a program

(C) If the department determines that a prisoner has violated a term of the community supervision program and the community supervision should be revoked, a probation agent must initiate a proceeding in General Sessions Court. The proceeding must be initiated pursuant to a warrant or a citation issued by a probation agent setting forth the violations of the community supervision program. The court shall determine whether:

(1) the terms of the community supervision program are fair and reasonable;

(2) the prisoner has complied with the terms of the community supervision program;

(3) the prisoner should continue in the community supervision program under the current terms;

(4) the prisoner should continue in the community supervision program under other terms and conditions as the court considers appropriate;

(5) the prisoner has wilfully violated a term of the community supervision program.

If the court determines that a prisoner has wilfully violated a term or condition of the community supervision program, the court may impose any other terms or conditions considered appropriate and may continue the prisoner on community supervision, or the court may revoke the prisoner's community supervision and impose a sentence of up to one year for violation of the community supervision program. A prisoner who is incarcerated for revocation of the community supervision program is not eligible to earn any type of credits which would reduce the sentence for violation of the community supervision program.
(D) If a prisoner's community supervision is revoked by the court and the court imposes a period of incarceration for the revocation, the prisoner also must complete a community supervision program of up to two years as determined by the department pursuant to subsection (B) when he is released from incarceration. A prisoner who is sentenced for successive revocations of the community supervision program may not be required to serve, in addition to the original term of incarceration, terms of incarceration for successive revocations and periods of community supervision for successive revocations which, in the aggregate, exceed the original term of incarceration imposed for the `community supervision offense'. The original term of incarceration does not include any portion of a suspended sentence.

(E) A prisoner who successfully completes a community supervision program pursuant to this section has satisfied his sentence and must be discharged from his sentence.

(F) The Department of Corrections must notify the Department of Probation, Parole and Pardon Services of the projected release date of any inmate serving a sentence for a `community supervision offense' one hundred eighty days in advance of his release to community supervision. For an offender sentenced to one hundred eighty days or less, the Department of Corrections immediately must notify the Department of Probation, Parole and Pardon Services.

(G) Victims registered pursuant to Section 16-3-1530(c) and the sheriff's office in the county where a prisoner sentenced for a `community supervision offense' is to be released must be notified by the Department of Probation, Parole and Pardon Services when the prisoner is released to a community supervision program."

SECTION 6. Section 1-30-10(A)15 of the 1976 Code, as added by Act 181 of 1993, is amended to read:

"15. Department of Probation, Pardon and Parole and Pardon Services" .

SECTION 7. Section 1-30-10(F)(2)(iii) of the 1976 Code, as added by Act 181 of 1993, is amended to read:

"(iii) Department of Probation, Pardon and Parole and Pardon Services created pursuant to Section 1-30-85 by the director of the former Department of Probation, Pardon and Parole;"

SECTION 8. Section 1-30-85 of the 1976 Code, as added by Act 181 of 1993, is amended to read:

"Section 1-30-85. Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall must be administered as part of the Department of Probation, Pardon and Parole and Pardon Services:

SECTION 9. Section 16-1-60 of the 1976 Code, as last amended by Act 7 of 1995, is further 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); criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors, first and second 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); kidnapping (Section 16-3-910); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330(A)); attempted armed robbery (Section 16-11-330(B)); drug trafficking as defined in Sections 44-53-370(e) and 44-53-375(C); arson in the first degree (Section 16-11-110(A)); burglary in the first degree (Section 16-11-311); and 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)); 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."

SECTION 10. Section 16-3-20 of the 1976 Code, as last amended by Act 488 of 1992, is further amended to read:
"Section 16-3-20. (A) A person who is convicted of or pleads guilty to murder must be punished by death, or by imprisonment for life, and is not eligible for parole until the service of twenty years; provided, however, that when or by a mandatory minimum term of imprisonment for thirty years. If the State seeks the death penalty and an a statutory aggravating circumstance is specifically found beyond a reasonable doubt pursuant to subsections (B) and (C), and a recommendation of death is not made, the court trial judge must impose a sentence of life imprisonment without eligibility for parole until the service of thirty years. For purposes of this section, `life imprisonment' means until death of the offender. No person sentenced to life imprisonment pursuant to this section is eligible for parole, community supervision, or any early release program, nor is the person eligible to receive any work credits, education credits, good conduct credits, or any other credits that would reduce the mandatory life imprisonment required by this section. No person sentenced to a mandatory minimum term of imprisonment for thirty years pursuant to this section is eligible for parole or any early release program,

(B) When the State seeks the death penalty, Upon upon conviction or adjudication of guilt of a defendant of murder, the court shall conduct a separate sentencing proceeding. In the proceeding, if a statutory aggravating circumstance is found, the defendant must be sentenced to either death or life imprisonment. If no statutory aggravating circumstance is found, the defendant must be sentenced to either life imprisonment or a mandatory minimum term of imprisonment for thirty years. to determine whether the defendant should be sentenced to death or life imprisonment. The proceeding shall must be conducted by the trial judge before the trial jury as soon as practicable after the lapse of twenty-four hours unless waived by the defendant. If trial by jury has been waived by the defendant and the State, or if the defendant pleaded guilty, the sentencing proceeding shall must be conducted before the court judge. In the sentencing proceeding, the jury or judge shall hear additional evidence in extenuation, mitigation, or aggravation of the punishment. Only such evidence in aggravation as the State has made known to informed the defendant in writing prior to before the trial shall be is admissible. This section shall must not be construed to authorize the introduction of any evidence secured in violation of the Constitutions of the United States or the State of South Carolina or the applicable laws of either. The State, the defendant, and his counsel shall be are permitted to present arguments for or against the sentence to be imposed. The defendant and his counsel shall have the closing argument regarding the sentence to be imposed.

(C) The judge shall consider, or he shall include in his instructions to the jury for it to consider, any mitigating circumstances otherwise authorized or allowed by law and any of the following statutory

(a) Aggravating Statutory aggravating circumstances:

(1) The murder was committed while in the commission of the following crimes or acts:

(a) criminal sexual conduct in any degree;

(b) kidnapping;

(c) burglary in any degree;

(d) robbery while armed with a deadly weapon;

(e) larceny with use of a deadly weapon;

(f) killing by poison;

(g) drug trafficking as defined in Section 44-53-370(e), 44-53-375(B), 44-53-440, or 44-53-445; or

(h) physical torture.; or

(i) dismemberment of a person.

(2) The murder was committed by a person with a prior conviction for murder.

(3) The offender by his act of murder knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which normally would be hazardous to the lives of more than one person.

(4) The offender committed the murder for himself or another for the purpose of receiving money or a thing of monetary value.

(5) The murder of a judicial officer, former judicial officer, solicitor, former solicitor, or other officer of the court during or because of the exercise of his official duty.

(6) The offender caused or directed another to commit murder or committed murder as an agent or employee of another person.

(7) The murder of a federal, state, or local law enforcement officer, peace officer or former peace officer, corrections employee or former corrections employee, or fireman or former fireman during or because of the performance of his official duties.

(8) The murder of a family member of an official listed in subitems (5) and (7) above with the intent to impede or retaliate against the official. `Family member' means a spouse, parent, brother, sister, child, or person to whom the official stands in the place of a parent, or a person living in the official's household and related to him by blood or marriage.

(9) Two or more persons were murdered by the defendant by one act or pursuant to one scheme or course of conduct.

(10) The murder of a child eleven years of age or under.

(1) The defendant has no significant history of prior criminal conviction involving the use of violence against another person.

(2) The murder was committed while the defendant was under the influence of mental or emotional disturbance.

(3) The victim was a participant in the defendant's conduct or consented to the act.

(4) The defendant was an accomplice in the murder committed by another person and his participation was relatively minor.

(5) The defendant acted under duress or under the domination of another person.

(6) The capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired.

(7) The age or mentality of the defendant at the time of the crime.

(8) The defendant was provoked by the victim into committing the murder.

(9) The defendant was below the age of eighteen at the time of the crime.

(10) The defendant had mental retardation at the time of the crime. `Mental retardation' means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period.

The statutory instructions as to statutory aggravating and mitigating circumstances shall must be given in charge and in writing to the jury for its deliberation. The jury, if its verdict be is a recommendation of death, shall designate in writing, and signed by all members of the jury, the statutory aggravating circumstance or circumstances which it found beyond a reasonable doubt. The jury, if it does not recommend death, after finding an a statutory aggravating circumstance or circumstances beyond a reasonable doubt, shall designate, in writing, and signed by all members of the jury, designate the statutory aggravating circumstance or circumstances it found beyond a reasonable doubt. In nonjury cases the judge shall make such the designation of the statutory aggravating circumstance or circumstances. Unless at least one of the statutory aggravating circumstances enumerated in this section is so found, the death penalty shall must not be imposed.

Where a statutory aggravating circumstance is found and a recommendation of death is made, the court trial judge shall sentence the defendant to death. The trial judge, prior to before imposing the death penalty, shall find as an affirmative fact that the death penalty was

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This web page was last updated on Monday, June 29, 2009 at 2:11 P.M.