Current Status
BillNumber: 2100
Ratification Number: 614
Act Number: 504
Introducing Body: House
Subject: Relating to the unlawful distribution, or
possession with intent to distribute, of a
controlled substance while within one-half mile of
an elementary, middle, or secondary school
View additional legislative information at the LPITS web site.
(A504, R614, S2100)
AN ACT TO AMEND CHAPTER 53 OF TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTROLLED SUBSTANCES, BY ADDING SECTION 44-53-445 SO AS TO MAKE A SEPARATE CRIMINAL OFFENSE THE UNLAWFUL DISTRIBUTION, OR POSSESSION WITH INTENT TO DISTRIBUTE, OF A CONTROLLED SUBSTANCE WHILE WITHIN ONE-HALF MILE OF AN ELEMENTARY, MIDDLE, OR SECONDARY SCHOOL, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Legislative findings
SECTION 1. The General Assembly recognizes that persons who distribute unlawfully drugs in close proximity to the schools of this State present a grave danger to school children, and that such persons must be dealt with in a serious manner in order to protect this State's school children from the dangers posed.
Penalty
SECTION 2. Chapter 53 of Title 44 of the 1976 Code is amended by adding:
"Section 44-53-445. It shall be a separate criminal offense for any person to unlawfully distribute, sell, or manufacture, or to unlawfully possess with intent to distribute, a controlled substance while within a radius of one-half mile of the grounds of an elementary, middle, or secondary school. Any person committing such act shall upon conviction be punished by a fine not to exceed ten thousand dollars, or by confinement not to exceed ten years, or both.
For purposes of the creation of presumptions of intent to distribute, the presumptions set out in subsection (3) of Section 44-53-370 shall apply to criminal prosecutions under this section."
Time Effective
SECTION 3. This shall take effect upon approval by the Governor.
Approved the 28th day of June, 1984.