South Carolina General Assembly
108th Session, 1989-1990

Bill 938


                    Current Status

Bill Number:               938
Ratification Number:       436
Act Number                 389
Introducing Body:          Senate
Subject:                   Patients receiving alcohol and drug
                           addiction services; offenses
View additional legislative information at the LPITS web site.


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

(A389, R436, S938)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-52-165 SO AS TO PROVIDE FOR OFFENSES INVOLVING THE USE OF ALCOHOLIC BEVERAGES, CONTROLLED SUBSTANCES, FIREARMS, AND DANGEROUS WEAPONS BY A PATIENT RECEIVING INPATIENT SERVICES FROM THE DIVISION OF ALCOHOL AND DRUG ADDICTION SERVICES OF THE DEPARTMENT OF MENTAL HEALTH AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE FELONY OFFENSES PROVIDED FOR IN THIS ACT.

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

Patients receiving alcohol and drug addiction services; offenses

SECTION 1. Chapter 52, Title 44 of the 1976 Code is amended by adding:

"Section 44-52-165. (A) It is unlawful for a patient receiving inpatient services in a program under the jurisdiction of the division in a treatment facility operated by the South Carolina Department of Mental Health to possess alcoholic beverages, firearms, dangerous weapons, or controlled substances as defined by Section 44-53-110. A patient who violates the provisions of this section while in a treatment facility is guilty, in the case of:

(1) alcoholic beverages, of a misdemeanor and, upon conviction, must be fined not less than one hundred nor more than two hundred dollars or imprisoned for not more than thirty days;

(2) controlled substances, of a misdemeanor and, upon conviction, must be punished in accordance with Section 44-53-370;

(3) firearms or dangerous weapons, of a felony and, upon conviction, must be fined not less than one thousand nor more than ten thousand dollars or imprisoned for not less than one year nor more than ten years, or both.

(B) A person who intentionally or negligently allows a patient, as defined in subsection (A), access to or to possess items in violation of that subsection or who attempts to furnish the items is guilty, in the case of:

(1) alcoholic beverages or controlled substances, of a misdemeanor and, upon conviction, must be fined not less than one hundred nor more than ten thousand dollars or imprisoned for not less than thirty days nor more than ten years, or both;

(2) firearms or dangerous weapons, of a felony and, upon conviction, must be fined not less than one thousand nor more than ten thousand dollars or imprisoned for not less than one nor more than ten years, or both."

Felonies

SECTION 2. The felony offenses provided for in Section 44-52-165 of the 1976 Code, as added in Section 1 of this act, are added to the list of crimes classified as felonies in Section 16-1-10.

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 3rd day of April, 1990.