1989-1990 Bill 4360: Drug trafficking - South Carolina Legislature Online

South Carolina General Assembly
108th Session, 1989-1990

Bill 4360

                    Current Status

Bill Number:               4360
Ratification Number:       745
Act Number                 604
Introducing Body:          House
Subject:                   Drug trafficking

View additional legislative information at the LPITS web site.

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A604, R745, H4360)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-392 SO AS TO PROVIDE THAT THE WEIGHT OF A CONTROLLED SUBSTANCE IS THE WEIGHT OF THAT SUBSTANCE IN PURE FORM OR ANY COMPOUND OR MIXTURE OF IT; TO ADD SECTION 44-53-475 SO AS TO MAKE IT UNLAWFUL TO CONDUCT OR ATTEMPT TO CONDUCT A FINANCIAL TRANSACTION OR TRANSPORT, TRANSMIT, OR TRANSFER OR ATTEMPT TO TRANSPORT, TRANSMIT, OR TRANSFER A MONETARY INSTRUMENT OR FUNDS FROM A PLACE IN THIS STATE TO OR THROUGH A PLACE OUTSIDE THE UNITED STATES OR A PLACE IN THIS STATE FROM OR THROUGH A PLACE OUTSIDE THE UNITED STATES WITH THE INTENT TO PROMOTE OR CARRY ON AN UNLAWFUL ACTIVITY RELATING TO NARCOTIC DRUGS OR CONTROLLED SUBSTANCES, OR TO CONCEAL OR DISGUISE THE NATURE, LOCATION, SOURCE, OWNERSHIP, OR CONTROL OF THE PROCEEDS OF THE UNLAWFUL ACTIVITY, AND TO PROVIDE A PENALTY FOR VIOLATION; TO ADD SECTION 44-53-577 SO AS TO MAKE IT UNLAWFUL FOR A PERSON WHO IS SEVENTEEN YEARS OF AGE OR OLDER TO KNOWINGLY AND INTENTIONALLY USE OR OTHERWISE EMPLOY OR CONSPIRE WITH A PERSON UNDER THE AGE OF SEVENTEEN YEARS TO VIOLATE THE PROVISIONS OF SECTION 44-53-370 OR 44-53-375(B), OR RECEIVE A CONTROLLED SUBSTANCE FROM A PERSON UNDER THE AGE OF SEVENTEEN YEARS AND TO PROVIDE A PENALTY FOR VIOLATION; TO AMEND SECTION 16-3-20, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO ADD DRUG TRAFFICKING TO THE LIST OF CRIMES WHICH ARE AGGRAVATING CIRCUMSTANCES WHEN A MURDER IS COMMITTED DURING THE COMMISSION OF THAT CRIME; TO AMEND SECTION 44-53-110, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO DEFINE "ICE" AND "CRANK"; TO AMEND SECTION 44-53-370, AS AMENDED, RELATING TO PENALTIES FOR CERTAIN DRUG OFFENSES, SO AS TO MAKE IT UNLAWFUL TO DELIVER, PURCHASE, AID, ABET, ATTEMPT, OR CONSPIRE TO MANUFACTURE, DISTRIBUTE, DISPENSE, DELIVER, OR PURCHASE A CONTROLLED SUBSTANCE IN ADDITION TO THE EXISTING PROHIBITION, AND TO MAKE IT UNLAWFUL TO HAVE ACTUAL OR CONSTRUCTIVE POSSESSION OF CERTAIN NUMBERS OF MARIJUANA PLANTS AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 44-53-375, RELATING TO THE UNLAWFUL POSSESSION OF CRACK COCAINE, THE UNLAWFUL MANUFACTURE, DISTRIBUTION, OR POSSESSION WITH INTENT TO DISTRIBUTE CRACK COCAINE, AND PENALTIES FOR VIOLATIONS, SO AS TO INCLUDE ICE AND CRANK AND TO MAKE IT A CRIME FOR ANY PERSON WHO KNOWINGLY SELLS, MANUFACTURES, DELIVERS, PURCHASES, OR BRINGS INTO THIS STATE OR PROVIDES FINANCIAL ASSISTANCE TO AID OR CONSPIRE TO SELL, MANUFACTURE, OR IS IN ACTUAL OR CONSTRUCTIVE POSSESSION OF CERTAIN AMOUNTS OF ICE, CRANK, OR CRACK COCAINE IS GUILTY OF A FELONY TO BE KNOWN AS "TRAFFICKING IN ICE, CRANK, OR CRACK COCAINE" AND TO PROVIDE A PENALTY FOR VIOLATION; TO AMEND SECTION 44-53-520, RELATING TO FORFEITURE OF CONVEYANCES USED OR INTENDED TO UNLAWFULLY CONCEAL, CONTAIN, OR TRANSPORT CONTROLLED SUBSTANCES OR THEIR COMPOUNDS, SO AS TO AUTHORIZE THE FORFEITURE OF THESE CONVEYANCES WHEN USED OR INTENDED FOR USE TO FACILITATE THE UNLAWFUL CONCEALMENT, CONTAINMENT, OR TRANSPORTATION OF CONTROLLED SUBSTANCES IN VIOLATION OF SECTION 44-53-370(a) AND (e); TO AMEND SECTION 44-53-530, RELATING TO FORFEITURE PROCEDURES AND DISPOSITION OF FORFEITED ITEMS AND PROCEEDS OF SALES OF PROPERTY FORFEITED UNDER THE PROVISIONS OF SECTION 44-53-520, SO AS TO PROVIDE FOR THE DIVISION OF PROCEEDS OF FORFEITED PROPERTY IF THERE IS A DISPUTE AMONG THE PARTICIPATING LAW ENFORCEMENT AGENCIES, DELETE REFERENCES TO THE DISPOSITION OF PROPERTY WHICH MAY BE DETERMINED BY A JUDGE, PROVIDE FOR THE DISPOSITION OF PROPERTY SEIZED BY A LOCAL LAW ENFORCEMENT AGENCY AND NOT TRANSFERRED BY THE COURT TO THE AGENCY, PROVIDE FOR THE RETENTION OF FORFEITED MONEY AND PROCEEDS FROM THE SALE OF FORFEITED PROPERTY BY THE GOVERNING BODY OF THE LOCAL LAW ENFORCEMENT AGENCY OR BY THE STATE TREASURER IN THE CASE OF A STATE LAW ENFORCEMENT AGENCY, AND PROVIDE FOR A DIFFERENT FORMULA FOR THE DISPOSITION OF ALL PROCEEDS OF PROPERTY AND CASH FORFEITED BY CONSENT ORDER FOR THE PERIOD BEGINNING JULY 1, 1990, AND ENDING JUNE 30, 1992, AND SUSPENDING THE APPLICATION OF SECTION 44-53-530 DURING THAT PERIOD; TO AMEND SECTION 56-1-745, RELATING TO THE REQUIREMENT THAT A PERSON'S DRIVER'S LICENSE MUST BE SUSPENDED UPON A CONTROLLED SUBSTANCE CONVICTION, SO AS TO DELETE CERTAIN AGE RESTRICTIONS WITH REGARD TO THE VIOLATION AND PROVIDE THAT THE VIOLATION MUST BE ONE UNDER CHAPTER 53 OF TITLE 44; TO REPEAL SECTIONS 44-53-584 AND 44-53-588 RELATING TO THE REQUIREMENT THAT INFORMATION WITH RESPECT TO SEIZED PROPERTY BE FORWARDED TO THE ATTORNEY GENERAL AND DIVISION OF GENERAL SERVICES AND THE DISPOSITION OF PROCEEDS FROM THE SALE OF FORFEITED ITEMS; AND TO PROVIDE THAT THE FORFEITURE OF PROPERTY UNDER SECTION 44-53-520 MUST BE ACCOMPANIED BY PETITION OF THE ATTORNEY GENERAL OR CIRCUIT SOLICITOR, OR HIS DESIGNEE, TO THE COURT OF COMMON PLEAS FOR THE JURISDICTION WHERE THE ITEMS WERE SEIZED.

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

Report

SECTION 1. Section 44-53-520(j) of the 1976 Code is amended to read:

"(j) When property and monies of any value as defined in this section or anything else of any value is seized, the law enforcement agency making the seizure shall, within ten days or a reasonable period of time after the seizure, submit a report to the appropriate prosecution agency. The report shall provide the following information with respect to the property seized:

(1) description;

(2) circumstances of seizure;

(3) present custodian and where the property is being stored or its location;

(4) name of owner;

(5) name of lienholder, if any;

(6) seizing agency, and

(7) the type and quantity of the controlled substance involved.

If the property is a conveyance, the report shall include:

(1) the make, model, serial number, and year of the conveyance;

(2) the person in whose name the conveyance is registered; and

(3) the name of any lienholders."

Petition

SECTION 2. Section 44-53-530 of the 1976 Code is amended to read:

"Section 44-53-530. (a) Forfeiture of property defined in Section 44-53-520 must be accomplished by petition of the Attorney General or his designee or the circuit solicitor or his designee to the court of common pleas for the jurisdiction where the items were seized. The petition must be submitted to the court within a reasonable time period following seizure and shall set forth the facts upon which the seizure was made. The petition shall describe the property and include the names of all owners of record and lienholders of record. The petition shall identify any other persons known to the petitioner to have interests in the property. Petitions for the forfeiture of conveyances shall also include the following information: the make, model, and year of the conveyance, the person in whose name the conveyance is registered, and the person who holds the title to the conveyance. The petition shall set forth the type and quantity of the controlled substance involved. A copy of the petition must be sent to each law enforcement agency which has notified the petitioner of its involvement in the seizure. Notice of hearing or rule to show cause must be directed to all persons with interests in the property listed in the petition including law enforcement agencies which have notified the petitioner of their involvement in the seizure.

Owners of record and lienholders of record may be served by certified mail to the last known address as appears in the records of the governmental agency which records the title or lien.

The judge shall determine whether the property is subject to forfeiture and order the forfeiture confirmed. If the judge finds a forfeiture, he shall then determine the lienholder's interest as provided in this article. The judge shall determine whether any property must be returned to a law enforcement agency pursuant to Section 44-53-582.

If there is a dispute as to the division of the proceeds of forfeited property among participating law enforcement agencies, this issue must be determined by the judge. The proceeds from a sale of property, conveyances, and equipment must be disposed of pursuant to subsection (b) of this section.

All property, conveyances, and equipment which will not be reduced to proceeds may be transferred to the law enforcement agency or agencies or to the prosecution agency. Upon agreement of the law enforcement agency or agencies and the prosecution agency, conveyances and equipment may be transferred to any other appropriate agency or agencies. Property transferred may not be used to supplant operating funds within the current or future budgets.

Any forfeiture may be effected by consent order approved by the court without filing or serving pleadings or notices provided that all owners and other persons with interests in the property, including participating law enforcement agencies, entitled to notice under this section, except lienholders and agencies, consent to the forfeiture. Disposition of the property may be accomplished by consent of the petitioner and those agencies involved. Persons entitled to notice under this section may consent to some issues and have the judge determine the remaining issues.

(b) (1) If the property is seized by a state law enforcement agency and is not transferred by the court to the seizing agency, the judge shall order it transferred to the Division of General Services for sale. Proceeds may be used by the division for payment of all proper expenses of the proceedings for the forfeiture and sale of the property, including the expenses of seizure, maintenance, and custody and other costs incurred by the implementation of this section. The net proceeds from any sale must be remitted to the State Treasurer as provided in subsection (d) of this section. The Division of General Services may authorize payment of like expenses in cases where monies, negotiable instruments, or securities are seized and forfeited.

(2) If the property is seized by a local law enforcement agency and is not transferred by the court to the agency, the judge shall order it sold at public auction by the seizing agency as provided by law. Notwithstanding any other provision of the law, proceeds from the sale may be used by the agency for payment of all proper expenses of the proceeding for the forfeiture and sale of the property, including the expenses of the seizure, maintenance, and custody and other costs incurred by the implementation of this section. The net proceeds from the sale must be disposed of as provided by this section.

(3) All real or personal property, conveyances, and equipment of any value defined in Section 44-53-520, when reduced to proceeds, any cash more than one thousand dollars, any negotiable instruments, and any securities which are seized and forfeited must be disposed of as follows:

(A) ninety percent to the law enforcement agency or agencies; and

(B) ten percent must be remitted to the State Treasurer and deposited to the credit of the general fund of the State.

(c) The first one thousand dollars of any cash seized and forfeited pursuant to this article remains with and is the property of the law enforcement agency which effected the seizure.

(d) All forfeited monies and proceeds from the sale of forfeited property as defined by Section 44-53-520 must be retained by the governing body of the local law enforcement agency or, in the case of a state law enforcement agency, by the State Treasurer, and deposited and maintained in a separate, special account in the name of each appropriate agency. These accounts may be drawn on and used only by the law enforcement agency for drug enforcement activities. These accounts may not be used to supplant operating funds within the current or future budgets. Any expenditures from these accounts for an item that would be a recurring expense to the governing body must be approved by the governing body before the purchase or, in the case of a state law enforcement agency, approved as provided by law. All expenditures from these funds must be documented, and the documentation must be available for audit purposes."

Petition

SECTION 3. (A) For the purpose of the disposition of property, including cash, seized and forfeited pursuant to the provisions of Sections 44-53-520 and 44-53-530 of the 1976 Code, from July 1, 1990, through June 30, 1992, Section 44-53-530 of the 1976 Code does not apply and subsection (B) of this section applies.

(B)(1) Forfeiture of property defined in Section 44-53-520 of the 1976 Code must be accomplished by petition of the Attorney General or his designee or the circuit solicitor or his designee to the court of common pleas for the jurisdiction where the items were seized. The petition must be submitted to the court within a reasonable time period following seizure and shall set forth the facts upon which the seizure was made. The petition shall describe the property and include the names of all owners of record and lienholders of record. The petition shall identify any other persons known to the petitioner to have interests in the property. Petitions for the forfeiture of conveyances shall also include the following information: the make, model, and year of the conveyance, the person in whose name the conveyance is registered, and the person who holds the title to the conveyance. The petition shall set forth the type and quantity of the controlled substance involved. A copy of the petition must be sent to each law enforcement agency which has notified the petitioner of its involvement in effecting the seizure.

Notice of hearing or rule to show cause must be directed to all persons with interests in the property listed in the petition including law enforcement agencies which have notified the petitioner of their involvement in effecting the seizure. Owners of record and lienholders of record may be served by certified mail, to the last known address as appears in the records of the governmental agency which records the title or lien.

All property, conveyances, and equipment which will not be reduced to proceeds may be transferred to the law enforcement agency or agencies or to the prosecution agency. Upon agreement of the law enforcement agency or agencies and the prosecution agency, conveyances and equipment may be transferred to any other appropriate agency. Property transferred must not be used to supplant operating funds within the current or future budgets.

(2) If the property is seized by a state law enforcement agency and is not transferred by the court to the seizing agency, the judge shall order it transferred to the Division of General Services for sale. Proceeds may be used by the division for payment of all proper expenses of the proceedings for the forfeiture and sale of the property, including the expenses of seizure, maintenance, and custody and other costs incurred by the implementation of this section. The net proceeds from any sale must be remitted to the State Treasurer as provided in item (7) of this subsection. The Division of General Services may authorize payment of like expenses in cases where monies, negotiable instruments, or securities are seized and forfeited.

(3) If the property is seized by a local law enforcement agency and is not transferred by the court to the agency, the judge shall order it sold at public auction by the seizing agency as provided by law. Notwithstanding any other provision of the law, proceeds from the sale may be used by the agency for payment of all proper expenses of the proceeding for the forfeiture and sale of the property, including the expenses of the seizure, maintenance, and custody and other costs incurred by the implementation of this section. The net proceeds from the sale must be disposed of as provided by this section.

(4) Any forfeiture may be effected by consent order approved by the court without filing or serving pleadings or notices provided that all owners and other persons with interests in the property, including participating law enforcement agencies, entitled to notice under this section, except lienholders and agencies, consent to the forfeiture. Disposition of the property may be accomplished by consent of the petitioner and those agencies involved. Persons entitled to notice under this section may consent to some issues and have the judge determine the remaining issues.

All proceeds of property and cash forfeited by consent order must be disposed of as provided in item (5) of this subsection.

(5) All real or personal property, conveyances, and equipment of any value defined in Section 44-53-520 of the 1976 Code when reduced to proceeds, any cash more than one thousand dollars, any negotiable instruments, and any securities which are seized and forfeited must be disposed of as follows:

(a) seventy-five percent to the law enforcement agency or agencies;

(b) twenty percent to the prosecuting agency; and

(6) The first one thousand dollars of any cash seized and forfeited pursuant to this article remains with and is the property of the law enforcement agency which effected the seizure unless otherwise agreed to by the law enforcement agency and prosecuting agency.

(7) All forfeited monies and proceeds from the sale of forfeited property as defined in Section 44-53-520 of the 1976 Code must be retained by the governing body of the local law enforcement agency or prosecution agency and deposited in a separate, special account in the name of each appropriate agency. These accounts may be drawn on and used only by the law enforcement agency or prosecution agency for which the account was established. For law enforcement agencies, the accounts must be used for drug enforcement activities and for prosecution agencies, the accounts must be used in matters relating to the prosecution of drug offenses and litigation of drug related matters.

These accounts must not be used to supplant operating funds in the current or future budgets. Any expenditures from these accounts for an item that would be a recurring expense must be approved by the governing body before purchase or, in the case of a state law enforcement agency or prosecution agency, approved as provided by law.

In the case of a state law enforcement agency or state prosecution agency, monies and proceeds must be remitted to the State Treasurer who shall establish separate, special accounts as provided in this section for local agencies.

All expenditures from these accounts must be documented, and the documentation made available for audit purposes.

Repeal

SECTION 4. Sections 44-53-584 and 44-53-588 of the 1976 Code are repealed.

Definitions

SECTION 5. Section 44-53-110 of the 1976 Code, as last amended by Act 128 of 1987, is further amended by adding in proper alphabetical order:

"'Ice' or 'crank' means amphetamine or methamphetamine, any salt, isomer, or salt of an isomer, or any mixture or compound containing any of the above substances."

Illegal acts

SECTION 6. Section 44-53-370(a) of the 1976 Code is amended to read:

"(a) Except as authorized by this article it shall be unlawful for any person:

(1) to manufacture, distribute, dispense, deliver, purchase, or aid, abet, attempt, or conspire to manufacture, distribute, dispense, deliver, or purchase, or possess with intent to manufacture, distribute, dispense, deliver, or purchase a controlled substance;

(2) to create, distribute, dispense, deliver, or purchase, or aid, abet, attempt, or conspire to create, distribute, dispense, deliver, or purchase, or possess with intent to distribute, dispense, deliver, or purchase a counterfeit substance."

Penalties

SECTION 7. Section 44-53-370(e) of the 1976 Code, as last amended by Act 565 of 1988, is further amended to read:

"(e) Any person who knowingly sells, manufactures, cultivates, delivers, purchases, or brings into this State, or who provides financial assistance or otherwise aids, abets, attempts, or conspires to sell, manufacture, cultivate, deliver, purchase, or bring into this State, or who is knowingly in actual or constructive possession or who knowingly attempts to become in actual or constructive possession of:

(1) ten pounds or more of marijuana is guilty of a felony which is known as 'trafficking in marijuana' and, upon conviction, must be punished as follows if the quantity involved is:

(a) ten pounds or more, but less than one hundred pounds:

1. for a first offense, a term of imprisonment of not less than one year nor more than ten years, no part of which may be suspended nor probation granted, and a fine of ten thousand dollars;

2. for a second offense, a term of imprisonment of not less than five years nor more than twenty years, no part of which may be suspended nor probation granted, and a fine of fifteen thousand dollars;

3. for a third or subsequent offense, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;

(b) one hundred pounds or more, but less than two thousand pounds, or one hundred to one thousand marijuana plants regardless of weight, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;

(c) two thousand pounds or more, but less than ten thousand pounds, or more than one thousand marijuana plants, but less than ten thousand marijuana plants regardless of weight, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(d) ten thousand pounds or more, or ten thousand marijuana plants, or more than ten thousand marijuana plants regardless of weight, a term of imprisonment of not less than twenty-five years nor more than thirty years with a mandatory minimum 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;

(2) ten grams or more of cocaine or any mixtures containing cocaine, as provided in Section 44-53-210(b)(4), is guilty of a felony which is known as 'trafficking in cocaine' and, upon conviction, must be punished as follows if the quantity involved is:

(a) ten grams or more, but less than twenty-eight grams:

1. for a first offense, a term of imprisonment of not less than three years nor more than ten years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;

2. for a second offense, a term of imprisonment of not less than five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

3. for a third or subsequent offense, a mandatory minimum term of imprisonment of not less than twenty-five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(b) twenty-eight grams or more, but less than one hundred 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 offense, a term of imprisonment of not less than seven years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

3. for a third or subsequent offense, a mandatory minimum term of imprisonment of not less than twenty-five years and not more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(c) one hundred grams or more, but less than two hundred grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(d) two hundred grams or more, but less than four hundred grams, a mandatory 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;

(e) four hundred grams or more, a term of imprisonment of not less than twenty-five years nor more than thirty years with a mandatory minimum 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;

(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, 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:

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;

(4) fifteen grams or more of methaqualone is guilty of a felony which is known as 'trafficking in methaqualone' and, upon conviction, must be punished as follows if the quantity involved is:

(a) fifteen grams but less than one hundred fifty grams:

1. for a first offense, a term of imprisonment of not less than one year nor more than ten years, no part of which may be suspended nor probation granted, and a fine of ten thousand dollars;

2. for a second or subsequent offense, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;

(b) one hundred fifty grams but less than fifteen hundred grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;

(c) fifteen hundred grams but less than fifteen kilograms, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(d) fifteen kilograms or more, a term of imprisonment of not less than twenty-five years nor more than thirty years with a mandatory minimum 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.

Any person convicted and sentenced under this subsection to a mandatory minimum term of imprisonment of twenty-five years or a mandatory term of twenty-five years or more is not eligible for parole, extended work release, as provided for in Section 24-13-610, or supervised furlough, as provided for in Section 24-13-710. Notwithstanding Section 44-53-420, any person convicted of conspiracy pursuant to this subsection must be sentenced as provided herein with a full sentence or punishment and not one-half of the sentence or punishment prescribed for the offense.

The weight of any controlled substance in this subsection includes the substance in pure form or any compound or mixture of the substance.

The offense of possession with intent to distribute described in Section 44-53-370(a) is a lesser included offense to the offenses of trafficking based upon possession described in this subsection."

Penalties

SECTION 8. Section 44-53-375, as added by Act 128 of 1987, is amended to read:

"Section 44-53-375. (A) Any person possessing or attempting to possess less than one gram of ice, crank, or crack cocaine, as defined in Section 44-53-110, is guilty of a misdemeanor and, upon conviction for a first offense, must be imprisoned for a term of not less than two years nor more than five years and fined not less than five thousand dollars. For a first offense the court may, upon approval of the solicitor, require as part of any sentence that the offender enter and successfully complete a drug treatment and rehabilitation program. For a second offense, the offender is guilty of a felony and, upon conviction, must be imprisoned for not less than four years nor more than seven years and fined not less than ten thousand dollars. For a third or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned for not less than ten years nor more than fifteen years and fined not less than fifteen thousand dollars.

(B) Any person who manufactures, distributes, dispenses, delivers, purchases, or otherwise aids, abets, attempts or conspires to manufacture, distribute, dispense, deliver, or purchase, or possesses with intent to distribute, dispense, or deliver ice, crank, or crack cocaine, in violation of the provisions of Section 44-53-370, is guilty of a felony and, upon conviction, for a first offense, must be sentenced to a term of imprisonment of not less than fifteen years nor more than twenty years and fined not less than twenty-five thousand dollars. For a second offense or if, in the case of a first conviction of a violation of this section, the offender has been convicted of any of the laws of the United States or of any state, territory, or district relating to narcotic drugs, the offender must be imprisoned for not less than twenty-five years nor more than thirty years and fined not less than fifty thousand dollars. For a third or subsequent offense or if the offender has been convicted two or more times in the aggregate of any violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, the offender must be imprisoned for not less than thirty years nor more than forty years and fined not less than one hundred thousand dollars. Possession of one or more grams of ice, crank, or crack cocaine is prima facie evidence of a violation of this subsection.

(C) Any person who knowingly sells, manufactures, delivers, purchases, or brings into this State, or who provides financial assistance or otherwise aids, abets, attempts or conspires to sell, manufacture, deliver, purchase, or bring into this State, or who is knowingly in actual or constructive possession or who knowingly attempts to become in actual or constructive possession of one hundred grams or more of ice, crank, or crack cocaine, as defined and otherwise limited in Section 44-53-110, 44-53-210(b)(4), 44-53-210(d)(1), or 44-53-210(d)(2), is guilty of a felony which is known as 'trafficking in ice, crank, or crack cocaine' and, upon conviction, must be punished by a mandatory term of imprisonment of twenty-five years and a fine of fifty thousand dollars.

(D) Except for a first offense, as provided in subsection (A) of this section, sentences for violation of the provisions of this section may not be suspended and probation may not be granted."

Weight

SECTION 9. Chapter 53, Title 44 of the 1976 Code is amended by adding:

"Section 44-53-392. Notwithstanding any other provision of this article, the weight of any controlled substance referenced in this article is the weight of that substance in pure form or any compound or mixture thereof."

Penalties

SECTION 10. Chapter 53, Title 44 of the 1976 Code is amended by adding:

"Section 44-53-475. (A)(1) Whoever, knowing that the property involved in a financial transaction represents the proceeds of, or is derived directly or indirectly from the proceeds of unlawful activity relating to narcotic drugs or controlled substances, conducts or attempts to conduct such a financial transaction which in fact involves the proceeds:

(a) with the intent to promote the carrying on of unlawful activity relating to narcotic drugs or controlled substances; or

(b) knowing that the transaction is designed in whole or in part to conceal or disguise the nature, location, sources, ownership, or control of the proceeds of the unlawful activity is guilty of a felony and, upon conviction, must be punished by a fine of not more than five hundred thousand dollars or twice the value of the property involved in the transaction, whichever is greater, or by imprisonment for not more than twenty years, or both.

(2) Whoever transports, transmits, or transfers, or attempts to transport, transmit, or transfer a monetary instrument or funds from a place in South Carolina to or through a place outside the United States or to a place in South Carolina from or through a place outside the United States:

(a) with the intent to promote the carrying on of unlawful activity relating to narcotic drugs or to controlled substances; or

(b) knowing that the monetary instrument or funds involved in the transportation represent the proceeds of the unlawful activity and knowing that the transportation is designed in whole or in part to conceal or disguise the nature, location, source, ownership, or control of the proceeds of the unlawful activity is guilty of a felony and, upon conviction, must be punished by a fine of five hundred thousand dollars or twice the value of the monetary instrument or funds involved in the transportation, whichever is greater, or by imprisonment for not more than twenty years, or both.

(3) Whoever, with the intent:

(a) to promote the carrying on of unlawful activity relating to narcotic drugs or to controlled substances; or

(b) to conceal or disguise the nature, location, source, ownership, or control of property believed to be the proceeds of the unlawful activity, conducts or attempts to conduct a financial transaction involving property represented by a law enforcement officer to be the proceeds of the unlawful activity, or property used to conduct or facilitate the unlawful activity is guilty of a felony and, upon conviction, must be punished by a fine of five hundred thousand dollars or twice the value of the property involved, whichever is greater, or by imprisonment for not more than twenty years, or both. For purposes of this subitem, the term `represented' means any representation made by a law enforcement officer or by another person at the direction of, or with the approval of, a state official authorized to investigate or prosecute violations of this section.

(B) Whoever conducts or attempts to conduct a transaction described in subsection (A)(1), or transportation described in subsection (A)(2), is liable to the State for a civil penalty of not more than the greater of:

(1) the value of the property, funds, or monetary instruments involved in the transaction; or

(2) ten thousand dollars.

(1) the term 'conducts' includes initiating, concluding, or participating in initiating or concluding a transaction;

(2) the term 'transaction' includes a purchase, sale, loan, pledge, gift, transfer, delivery, or other disposition and, with respect to a financial institution includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of any stock, bond, certificate of deposit, or other monetary instrument, or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected;

(3) the term 'financial transaction' means a transaction involving the movement of funds by wire or other means or involving one or more monetary instruments;

(4) the term 'monetary instruments' means coin or currency of the United States or of any other country, travelers' checks, personal checks, bank checks, money orders, investment securities in bearer form or otherwise in that form that title to it passes upon delivery, and negotiable instruments in bearer form or otherwise in that form that title to it passes upon delivery;

(5) the term 'financial institution' has the definition given that term in Section 5312(a)(2) of Title 31, United States Code, and the regulations promulgated thereunder.

(D) Nothing in this section supersedes any provision of law imposing criminal penalties or affording civil remedies in addition to those provided for in this section."

Conveyances

SECTION 11. Section 44-53-520(a)(6) of the 1976 Code, as last amended by Act 404 of 1986, is further amended to read:

"(6) all conveyances including, but not limited to, trailers, aircraft, motor vehicles, and watergoing vessels which are used or intended for use unlawfully to conceal, contain, or transport or facilitate the unlawful concealment, possession, containment, manufacture, or transportation of controlled substances and their compounds, except as otherwise provided, must be forfeited to the State. No motor vehicle may be forfeited to the State under this item unless it is used, intended for use, or in any manner facilitates a violation of Section 44-53-370(a), involving at least one pound or more of marijuana, one pound or more of hashish, more than four grains of opium, more than two grains of heroin, more than four grains of morphine, more than ten grains of cocaine, more than fifty micrograms of lysergic acid diethylamide (LSD) or its compounds, more than ten grains of crack, or more than one gram of ice or crank, as defined in Section 44-53-110, or unless it is used, intended for use, or in any manner facilitates a violation of Section 44-53-370(e);".

Illegal acts

SECTION 12. Chapter 53, Title 44 of the 1976 Code is amended by adding:

"Section 44-53-577. (A) It is unlawful for any person at least seventeen years of age to knowingly and intentionally:

(1) use, solicit, direct, hire, persuade, induce, entice, coerce, or employ a person under seventeen years of age to violate Section 44-53-370 or 44-53-375(B);

(2) receive a controlled substance from a person under seventeen years of age in violation of this chapter; or

(3) conspire to use, solicit, direct, hire, persuade, induce, entice, coerce, or employ a person under seventeen years of age to violate Section 44-53-370 or 44-53-375(B).

(B) Any person who violates subsection (A)(1), (A)(2), or (A)(3) is guilty of a felony and, upon conviction, must be punished by a term of imprisonment of not less than five years nor more than fifteen years. A violation of this section constitutes a separate offense."

Suspension of drivers' licenses

SECTION 13. Section 56-1-745 of the 1976 Code, as added by an unnumbered Act of 1990 bearing ratification number 743, is amended to read:

"Section 56-1-745. (A) The driver's license of a person convicted of a controlled substance violation under Chapter 53 of Title 44 involving hashish or marijuana must be suspended for a period of six months. The driver's license of a person convicted of any other controlled substance violation under Chapter 53 of Title 44 must be suspended for a period of one year. If the person does not have a driver's license, the court shall order the department not to issue a driver's license for six months after the person legally is eligible for the issuance of a driver's license if the offense involves hashish or marijuana. If the offense involves any other controlled substance under Chapter 53 of Title 44, the court shall order the department not to issue a driver's license for one year after the person legally is eligible for the issuance of a driver's license. For each subsequent conviction under this section, the court shall order the driver's license to be suspended for an additional six months or one year, as the case may be. The additional period of suspension for a subsequent offense runs consecutively and does not commence until the expiration of the suspension for the prior offense.

(B) Notwithstanding the provisions of Section 56-1-460, any person convicted under this section shall be punished pursuant to Section 56-1-440 and is not required to furnish proof of financial responsibility as provided for in Section 56-9-500. The conviction shall not result in any insurance penalty under the Merit Rating Plan promulgated by the Chief Insurance Commissioner.

(C)(1) If an individual is employed at the time his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work during the period of suspension. The department may issue the special restricted driver's license only upon showing by the individual that he is employed, that he lives further than one mile from his place of employment, that there is no adequate public transportation between his residence and his place of employment, and that his job does not require him to drive.

(2) If the department issues a special restricted driver's license, it shall designate a particular route as well as the times during which the individual may operate a motor vehicle. A change in the employment hours, place of employment, or residence must be reported immediately to the department by the licensee.

(3) The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment or residence, is ten dollars.

(4) The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460."

Felonies added

SECTION 14. The felony crimes provided by Sections 44-53-375(B) and 44-53-375(C) of the 1976 Code, as contained in Section 8 of this act; Section 44-53-475 of the 1976 Code, as contained in Section 10 of this act; and Section 44-53-577 of the 1976 Code, as contained in Section 12 of this act, are added to the list of crimes classified as felonies pursuant to Section 16-1-10 of the 1976 Code.

Aggravating circumstances

SECTION 15. Section 16-3-20(C)(a) of the 1976 Code is amended to read:

"(a) Aggravating circumstances:

(1) The murder was committed while in the commission of the following crimes or acts:

(a) criminal sexual conduct in any degree;

(b) kidnapping;

(d) robbery while armed with a deadly weapon;

(e) larceny with use of a deadly weapon;

(f) killing by poison;

(g) drug trafficking as defined in Section 44-53-370(e), 44-53-375(B), 44-53-440, or 44-53-445; or

(h) physical torture.

(2) The murder was committed by a person with a prior conviction for murder.

(3) The offender by his act of murder knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which normally would be hazardous to the lives of more than one person.

(4) The offender committed the murder for himself or another for the purpose of receiving money or a thing of monetary value.

(5) The murder of a judicial officer, former judicial officer, solicitor, former solicitor, or other officer of the court during or because of the exercise of his official duty.

(6) The offender caused or directed another to commit murder or committed murder as an agent or employee of another person.

(7) The murder of a federal, state, or local law enforcement officer, peace officer or former peace officer, corrections employee or former corrections employee, or fireman or former fireman during or because of the performance of his official duties.

(8) The murder of a family member of an official listed in subitems (5) and (7) above with the intent to impede or retaliate against the official. `Family member' means a spouse, parent, brother, sister, child, or person to whom the official stands in the place of a parent, or a person living in the official's household and related to him by blood or marriage.

(9) Two or more persons were murdered by the defendant by one act or pursuant to one scheme or course of conduct.

(10) The murder of a child eleven years of age or under."

Severability clause

SECTION 16. If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity does 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.

Time effective

SECTION 17. This act takes effect upon approval by the Governor. A person arrested, charged, or indicted under those provisions of law amended by this act must be tried and sentenced and any administrative penalty or suspension exacted as provided by the law in force at the time of the commission of the crime.

Approved the 25th day of June, 1990.