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Indicates Matter Stricken
Indicates New Matter
Sponsors: Rep. Kirsh
Document Path: l:\council\bills\ms\7070ahb05.doc
Introduced in the House on January 11, 2005
Currently residing in the House Committee on Judiciary
Summary: Crack cocaine, ice, or crank
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/11/2005 House Introduced and read first time HJ-145 1/11/2005 House Referred to Committee on Judiciary HJ-145
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 44-53-375, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POSSESSION, DISTRIBUTION, MANUFACTURE, AND TRAFFICKING OF ICE, CRANK, AND CRACK COCAINE, SO AS TO PROVIDE THAT A PERSON MAY BE CHARGED WITH MANSLAUGHTER IF THE DISTRIBUTION OR TRAFFICKING IN THE DRUG CAUSES THE DEATH OF THE USER AND TO PROVIDE FOR AN INCREASE IN THE SENTENCE IF A PERSON UNDER THE AGE OF EIGHTEEN IS ENDANGERED OR A LAW ENFORCEMENT OFFICER IS INJURED BY ONE OF THE HAZARDS RELATED TO THE MANUFACTURE OF THE DRUG.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-53-375 of the 1976 Code is amended by adding:
"(E) A person may be charged with the offense of manslaughter, as provided in Section 16-3-50, if the death of another person is proximately caused by the unlawful distribution or trafficking in ice, crank, or crack cocaine, as defined in Section 44-53-110, pursuant to the provisions of subsection (B) or (C), and the ingestion of the drug causes the death of the user.
(F) A person who manufactures ice, crank, or crack cocaine, as defined in Section 44-53-110, and is convicted of a violation of this section may have his sentence increased by two years if:
(1) a person under the age of eighteen lives, is present, or is endangered by exposure to the drug, its ingredients, its by-products, or its waste; or
(2) a law enforcement officer, probation or parole officer, emergency medical services employee, firefighter, or another person conducting a lawful investigation suffers serious injury while discharging or attempting to discharge his official duties and the injury is directly caused by one of the hazards associated with the manufacture of the drug."
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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