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H. 3230
STATUS INFORMATION
General Bill
Sponsors: Reps. G.M. Smith, Lucas and Altman
Document Path: l:\council\bills\swb\5078cm03.doc
Introduced in the House on January 14, 2003
Currently residing in the House Committee on Judiciary
Summary: Exile Act of 2003; weapons violations, penalties
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/18/2002 House Prefiled 12/18/2002 House Referred to Committee on Judiciary 1/14/2003 House Introduced and read first time HJ-94 1/14/2003 House Referred to Committee on Judiciary HJ-95
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO ENACT THE "SOUTH CAROLINA EXILE ACT OF 2003" INCLUDING PROVISIONS TO AMEND SECTION 16-23-10, RELATING TO DEFINITIONS CONTAINED IN CERTAIN PROVISIONS RELATING TO OFFENSES INVOLVING WEAPONS, SO AS TO REVISE THE DEFINITION OF THE TERM "CRIME OF VIOLENCE"; TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR OFFENSES INVOLVING WEAPONS, SO AS TO PROVIDE INCREASED PENALTIES FOR AN OFFENDER WITH A PREVIOUS CONVICTION FOR A VIOLENT CRIME; AND TO AMEND SECTION 16-23-490, AS AMENDED, RELATING TO PENALTIES FOR POSSESSION OF A FIREARM OR KNIFE DURING COMMISSION OF A VIOLENT CRIME, SO AS TO PROVIDE A SEPARATE OFFENSE FOR THE POSSESSION OF A FIREARM DURING AN OFFENSE INVOLVING A CONTROLLED SUBSTANCE AND TO PROVIDE A SEPARATE, MANDATORY MINIMUM TERM OF IMPRISONMENT UPON CONVICTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "South Carolina Exile Act of 2003".
SECTION 2. Section 16-23-10(c) of the 1976 Code is amended to read:
"(c) The term "crime of violence" means murder, manslaughter (except negligent manslaughter arising out of traffic accidents), rape, mayhem, kidnapping, burglary, robbery, housebreaking, assault with intent to kill, commit rape, or rob, assault with a dangerous weapon, or assault with intent to commit any offense punishable by imprisonment for more than one year. The term 'crime of violence' means any offense listed in Section 16-1-60 and includes any similar offense as defined by any jurisdiction or court of the United States, the several states, commonwealths, territories, possessions, or District of Columbia."
SECTION 3. Section 16-23-50(A)(1) of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"(A)(1) A person, including a dealer, who violates the provisions of this article, except Section 16-23-20, is guilty of a felony and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than five years, or both. However, a person who violates the provisions of this article, except Section 16-23-20, and who was previously convicted of a crime of violence, as defined in Section 16-23-10(c), upon conviction, must be sentenced to a mandatory minimum term of imprisonment of five years, no part of which may be suspended or probation granted, in addition to the punishment provided for the principal offense. A person sentenced to a mandatory minimum term of imprisonment pursuant to this section is not eligible for parole 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 minimum term of imprisonment required by this section."
SECTION 4. Section 16-23-490 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"(A)(1) If a person is in possession of a firearm whether on his person or within his immediate access, or visibly displays what appears to be affirmatively represents that he is in possession of a firearm or visibly displays a knife during the commission of a violent crime and is convicted of committing or attempting to commit a violent crime as defined in Section 16-1-60, he must be imprisoned sentenced to a mandatory minimum term of imprisonment of five years, no part of which may be suspended or probation granted, in addition to the punishment provided for the principal crime offense. This five-year sentence does not apply in cases where the death penalty or a life sentence without parole is imposed for the violent crime.
(2) If a person is in possession of a firearm whether on his person or within his immediate access, or affirmatively represents that he is in possession of a firearm or visibly displays a knife during the commission or attempted commission of the unlawful manufacture, sale, or distribution of a controlled substance, or during the possession of a controlled substance with the intent to distribute as defined in Sections 44-53-370 and 44-53-375, he must be sentenced to a mandatory minimum term of imprisonment of five years, no part of which may be suspended or probation granted, in addition to the punishment provided for the principal offense.
(B) Service of the five-year sentence is mandatory unless a longer mandatory minimum term of imprisonment is provided by law for the violent crime. A person sentenced to a mandatory minimum term of imprisonment pursuant to this section is not eligible for parole 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 minimum term of imprisonment required by this section. The court may must impose this mandatory five-year sentence to run consecutively or concurrently to the sentence imposed for the principal offense.
(C) The person sentenced under this section is not eligible during this five-year period for parole, work release, or extended work release. The five years may not be suspended and the person may not complete his term of imprisonment in less than five years pursuant to good-time credits or work credits, but may earn credits during this period.
(D)(C) As used in this section, 'firearm' means any machine gun, automatic rifle, revolver, pistol, or any weapon which will, can, or is capable of or is designed to, or may readily be converted to expel a projectile;, and 'knife' means an instrument or tool consisting of a sharp cutting blade whether or not fastened to a handle which is capable of being used to inflict a cut, slash, or wound.
(E)(D)(1) The additional punishment penalties may must not be imposed unless the indictment alleged as a separate count that:
(a) the person was in possession of a firearm or visibly displayed what appeared to be a firearm whether on his person or within his immediate access, or affirmatively represents that he is in possession of a firearm or visibly displays a knife during the commission of the violent crime and conviction was had upon this the person was convicted of this separate count in the indictment.;or
(b) the person was in possession of a firearm whether on his person or within his immediate access, or affirmatively represents that he is in possession of a firearm or visibly displays a knife during the commission or attempted commission of the unlawful manufacture, sale, or distribution of a controlled substance, or during the possession of a controlled substance with the intent to distribute as defined in Sections 44-53-370 and 44-53-375 and the person was convicted on this separate count in the indictment.
(2) The penalties prescribed in this section may subsection (A)(1) must not be imposed unless the person convicted was at the same time indicted for and convicted of a violent crime as defined in Section 16-1-60. The penalties prescribed in subsection (A)(2) must not be imposed unless the person convicted was at the same time indicted for and convicted of the offense of unlawful manufacture, sale, or distribution of a controlled substance, or during the possession of a controlled substance with the intent to distribute as defined in Sections 44-53-370 and 44-53-375."
SECTION 5. All proceedings and all rights and liabilities existing, acquired, or accrued at the time this act takes effect are saved. The provisions of this act apply prospectively to crimes and offenses committed on or after the effective date of this act.
SECTION 6. If any provision of this act or its application thereof to any person is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application and, to this end, the provisions of this act are severable.
SECTION 7. This act takes effect upon approval by the Governor.
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