Current Status Introducing Body:House Bill Number:5060 Primary Sponsor:Clyborne Committee Number:25 Type of Legislation:GB Subject:Controlled substance distribution, housing project Residing Body:House Current Committee:Judiciary Computer Document Number:PT/1181DW.94 Introduced Date:19940412 Last History Body:House Last History Date:19940412 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Clyborne Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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5060 House 19940412 Introduced, read first time, 25
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-447 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO DISTRIBUTE, SELL, PURCHASE, MANUFACTURE, OR TO LAWFULLY POSSESS WITH INTENT TO DISTRIBUTE, A CONTROLLED SUBSTANCE WHILE IN, ON, OR WITHIN A ONE-HALF MILE RADIUS OF A HOUSING PROJECT, HOUSING DEVELOPMENT, OR RESIDENTIAL HOUSING AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 44-53-447. (A) It is unlawful for a person to distribute, sell, purchase, manufacture, or to lawfully possess with intent to distribute, a controlled substance while in, on, or within a one-half mile radius of the grounds of a housing project, housing development, or residential housing approved by the South Carolina State Housing, Finance, and Development Authority which provides dwelling accommodations for persons and families pursuant to Chapter 13 of Title 13.
(B)(1) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars, or imprisoned not more than ten years, or both.
(2) When a violation involves the distribution, sale, manufacture, or possession with intent to distribute crack cocaine, the person is guilty of a felony and, upon conviction, must be fined not less than ten thousand dollars, or imprisoned not less than ten nor more than fifteen years.
(3) When a violation involves only the purchase of a controlled substance, including crack cocaine, the person is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.
(C) For the purpose of creating inferences of intent to distribute, the inferences set out in Sections 44-53-370 and 44-53-375 apply to criminal prosecutions under this section."
SECTION 2. This act takes effect upon approval by the Governor.