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Indicates Matter Stricken
Indicates New Matter
S. 1092
STATUS INFORMATION
General Bill
Sponsors: Senator Hutto
Document Path: l:\council\bills\ms\7221ahb16.docx
Companion/Similar bill(s): 5114
Introduced in the Senate on February 17, 2016
Introduced in the House on April 28, 2016
Currently residing in the House Committee on Judiciary
Summary: Drug offenses
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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2/17/2016 Senate Introduced and read first time (Senate Journal-page 7)
2/17/2016 Senate Referred to Committee on Judiciary
(Senate Journal-page 7)
3/1/2016 Senate Referred to Subcommittee: Hutto (ch), Corbin, Young
4/13/2016 Senate Committee report: Favorable Judiciary
(Senate Journal-page 17)
4/26/2016 Senate Read second time (Senate Journal-page 34)
4/26/2016 Senate Roll call Ayes-44 Nays-0 (Senate Journal-page 34)
4/27/2016 Senate Read third time and sent to House
(Senate Journal-page 36)
4/28/2016 House Introduced and read first time (House Journal-page 13)
4/28/2016 House Referred to Committee on Judiciary
(House Journal-page 13)
View the latest legislative information at the website
VERSIONS OF THIS BILL
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 13, 2016
S. 1092
S. Printed 4/13/16--S.
Read the first time February 17, 2016.
To whom was referred a Bill (S. 1092) to amend Section 44-53-370, as amended, Code of Laws of South Carolina, 1976, relating to drug offenses, so as to conform the language of, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
GREG HEMBREE for Committee.
Fiscal Impact Summary
This bill would have no expenditure impact on the general fund, federal funds, or other funds.
State Expenditure
This bill amends Section 44-53-370(e)(3) relating to drug offenses so as to conform the language of trafficking in illegal drugs to the language of the provisions concerning possession and distribution of Schedule I(b), I(c), and Schedule II narcotic drugs including opiates, heroin, and related synthetic drugs.
Department of Health and Environmental Control and Judicial Department. These agencies report that this bill would have no expenditure impact on the general fund, federal funds, or other funds.
Frank A. Rainwater, Executive Director
Revenue and Fiscal Affairs Office
TO AMEND SECTION 44-53-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRUG OFFENSES, SO AS TO CONFORM THE LANGUAGE OF TRAFFICKING IN ILLEGAL DRUGS PROVISIONS, INCLUDING OPIATES AND HEROIN, TO THE LANGUAGE OF THE PROVISIONS CONCERNING POSSESSION AND DISTRIBUTION OF CERTAIN ILLEGAL DRUGS WHICH WOULD INCLUDE SYNTHETIC OPIATES, AMONG OTHER DRUGS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-53-370(e)(3) of the 1976 Code is amended to read:
"(3) four grams or more of any morphine, opium, salt, isomer, or salt of an isomer thereof, including heroin, as described in Section 44-53-190 or 44-53-210 controlled substance classified in Schedule I (b) and (c) which is a narcotic drug and in Schedule II which is a narcotic drug, or four grams or more of any mixture containing any of these substances, is guilty of a felony which is known as 'trafficking in illegal drugs' 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 seven 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 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.
This web page was last updated on May 3, 2016 at 11:18 AM