A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-53-445, RELATING TO THE DISTRIBUTION OF CONTROLLED SUBSTANCES WITHIN PROXIMITY OF SCHOOL, SO AS TO INCLUDE CHILD CARE FACILITIES AND DAY PROGRAMS AND PROVIDE RELATED DEFINITIONS.

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

SECTION 1.  Sections 44-53-445(A), (B), and (C) of the S.C. Code are amended to read:

    Section 44-53-445. (A) It is a separate criminal offense for a person to distribute, sell, purchase, manufacture, or to unlawfully possess with intent to distribute, a controlled substance while in, on, or within a one-half mile radius of the grounds of a public or private elementary, middle, or secondary school;  a public playground or park;  a public vocational or trade school or technical educational center;  or a public or private college or university; a childcare facility as defined in Section 63-13-20; or a day program as defined in Section 44-20-30.

    (B) For a person to be convicted of an offense pursuant to subsection (A), the person must:

       (1) have knowledge that he is in, on, or within a one-half mile radius of the grounds of a public or private elementary, middle, or secondary school;  a public playground or park;  a public vocational or trade school or technical educational center;  or a public or private college or university; a child care facility as defined in Section 63-13-20; or a day program as defined in Section 44-20-30;  and

       (2) actually distribute, sell, purchase, manufacture, or unlawfully possess with intent to distribute, the controlled substance within a one-half mile radius of the grounds of a public or private elementary, middle, or secondary school;  a public playground or park;  a public vocational or trade school or technical educational center;  or a public or private college or university; a child care facility as defined in Section 63-13-20; or a day program as defined in Section 44-20-30.

    (C) A person must not be convicted of an offense pursuant to subsection (A) if the person is stopped by a law enforcement officer for the controlled substance offense within a one-half mile radius of the grounds of a public or private elementary, middle, or secondary school;  a public playground or park;  a public vocational or trade school or technical educational center;  or a public or private college or university, but did not actually commit the controlled substance offense within a one-half mile radius of the grounds of a public or private elementary, middle, or secondary school;  a public playground or park;  a public vocational or trade school or technical educational center;  or a public or private college or university, or a child care facility as defined in Section 63-13-20; or a day program as defined in Section 44-20-30.

SECTION 2.  This act takes effect upon approval by the Governor.

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