Current Status Bill Number:1007 Ratification Number:360 Act Number:372 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19980210 Primary Sponsor:Holland All Sponsors:Holland, McConnell and Giese Drafted Document Number:jud9046.dhh Date Bill Passed both Bodies:19980327 Date of Last Amendment:19980303 Governor's Action:S Date of Governor's Action:19980526 Subject:Criminal sexual conduct, date rape, sex offenses, Crimes; Narcotics and Drugs; Drug-Induced Crime Prevention Act
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19980624 Act No. A372
------ 19980526 Signed by Governor
------ 19980521 Ratified R360
House 19980327 Read third time, enrolled for
ratification
House 19980326 Read second time, unanimous
consent for third reading on
Friday, 19980327
House 19980325 Committee report: Favorable 25 HJ
House 19980305 Introduced, read first time, 25 HJ
referred to Committee
Senate 19980304 Read third time, sent to House
Senate 19980303 Read second time
Senate 19980303 Committee amendment adopted
Senate 19980226 Committee report: Favorable with 11 SJ
amendment
Senate 19980210 Introduced, read first time, 11 SJ
referred to Committee
View additional legislative information at the LPITS web site.
(A372, R360, S1007)
AN ACT TO ENACT THE DRUG-INDUCED CRIME PREVENTION AND PUNISHMENT ACT OF 1998, BY AMENDING SECTION 44-53-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRUGS, SO AS TO CREATE THE OFFENSE OF DISTRIBUTING A CONTROLLED SUBSTANCE OR GAMMA HYDROXY BUTYRATE TO AN INDIVIDUAL WITH THE INTENT TO COMMIT A CRIME AGAINST THAT INDIVIDUAL AND ESTABLISH APPROPRIATE PENALTIES, AND ALSO TO CREATE THE OFFENSE OF TRAFFICKING IN FLUNITRAZEPAM AND ESTABLISH APPROPRIATE PENALTIES; BY AMENDING SECTION 16-1-90, AS AMENDED, RELATING TO THE CLASSIFICATION OF CRIMES, SO AS TO CLASSIFY THE OFFENSE OF DISTRIBUTING A CONTROLLED SUBSTANCE TO AN INDIVIDUAL WITH THE INTENT TO COMMIT A CRIME AGAINST THAT INDIVIDUAL AND TRAFFICKING IN FLUNITRAZEPAM AS FELONIES; AND BY AMENDING SECTION 16-3-652, RELATING TO CRIMINAL SEXUAL CONDUCT, SO AS TO PROVIDE THAT, IF ONE PERSON CAUSES ANOTHER PERSON TO BECOME MENTALLY INCAPACITATED OR PHYSICALLY HELPLESS BY ADMINISTERING A CONTROLLED SUBSTANCE, THAT PERSON IS GUILTY OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.
Be it enacted by the General Assembly of the State of South Carolina:
Distribution of a controlled substance
SECTION 1. Section 44-53-370 of the 1976 Code is amended by adding:
(f) It shall be unlawful for a person to administer, distribute, dispense, deliver, or aid, abet, attempt, or conspire to administer, distribute, dispense, or deliver a controlled substance or gamma hydroxy butyrate to an individual with the intent to commit one of the following crimes against that individual:
(1) kidnapping, Section 16-3-910;
(2) criminal sexual conduct in the first, second, or third degree, Sections 16-3-652, 16-3-653, and 16-3-654;
(3) criminal sexual conduct with a minor in the first or second degree, Section 16-3-655;
(4) criminal sexual conduct where victim is legal spouse (separated), Section 16-3-658;
(5) spousal sexual battery, Section 16-3-615;
(6) engaging a child for a sexual performance, Section 16-3-810;
(7) committing lewd act upon child under sixteen, Section 16-15-140;
(8) petit larceny, Section 16-13-30 (A); or
(9) grand larceny, Section 16-13-30 (B).
(g) A person who violates subsection (f) with respect to:
(1) a controlled substance classified in Schedule I (b) or (c) which is a narcotic drug or lysergic acid diethylamide (LSD), or in Schedule II which is a narcotic drug is guilty of a felony and, upon conviction, must be:
(a) for a first offense, imprisoned not more than twenty years or fined not more than thirty thousand dollars, or both;
(b) for a second offense, or if in the case of a first conviction of a violation of any provision of this subsection, the offender previously has been convicted of a violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, imprisoned not less than five years nor more than thirty years, or fined not more than fifty thousand dollars, or both;
(c) for a third or subsequent offense, or if the offender previously has been convicted two or more times in the aggregate of a violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, imprisoned not less than fifteen years nor more than thirty years, or fined not more than fifty thousand dollars, or both.
Except in the case of conviction for a first offense, the sentence must not be suspended and probation must not be granted;
(2) any other controlled substance or gamma hydroxy butyrate is guilty of a felony and, upon conviction, must be:
(a) for a first offense, imprisoned not more than fifteen years or fined not more than twenty-five thousand dollars, or both;
(b) for a second offense, or if in the case of a first conviction of a violation of any provision of this subsection, the offender previously has been convicted of a violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, imprisoned not more than twenty years or fined not more than thirty thousand dollars, or both;
(c) for a third or subsequent offense, or if the offender previously has been convicted two or more times in the aggregate of a violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, imprisoned not less than five years nor more than twenty-five years, or fined not more than forty thousand dollars, or both.
Except in the case of conviction for a first offense, the sentence must not be suspended and probation must not be granted.
Distribution of a controlled substance
SECTION 2. Section 44-53-370(e) of the 1976 Code is amended by adding:
"(6) One gram or more of flunitrazepam is guilty of a felony which is known as 'trafficking in flunitrazepam' and, upon conviction, must be punished as follows if the quantity involved is:
(a) one gram but less than one hundred 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 grams but less than one thousand grams, a mandatory term of imprisonment of twenty years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;
(c) one thousand grams but less than five 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) five 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."
Crime classification
SECTION 3. Section 16-1-90(A), (B), (C), (D), and (E) of the 1976 Code, as last amended by Act 136 of 1997, are further amended to read:
"(A) The following offenses are Class A felonies and the maximum terms established for a Class A felony, as set forth in Section 16-1-20(A), apply:
16-3-50 Manslaughter - voluntary
16-3-652 Criminal sexual conduct
First degree
16-3-655 Criminal sexual conduct with minors if victim under 11 years of age
First degree
16-3-656 Assault with intent to commit criminal sexual conduct
First degree
16-3-658 Criminal sexual conduct where victim is legal spouse (separated)
First degree
16-3-910 Kidnapping
16-3-920 Conspiracy to commit kidnapping
16-11-110(A) Arson in the first degree
16-11-380 Entering bank, depository, or building and loan association with intent to steal
16-11-330(A) Robbery while armed with a deadly weapon
16-11-390 Safecracking
24-13-450 Taking of a hostage by an inmate
44-53-370 Prohibited Acts A, penalties (b)(1) (narcotic drugs in Schedules I(b) and (c), LSD, and Schedule II) second, third, or subsequent offenses
44-53-370(e)(2)(a)2 Prohibited Acts A, penalties (trafficking in cocaine, 10 grams or more, but less than 28 grams)
Second offense
44-53-370(e)(2)(b)2 Prohibited Acts, penalties (trafficking in cocaine, 28 grams or more, but less than 100 grams)
Second offense
44-53-370(e)(5)(a)2 Prohibited Acts, penalties (trafficking in LSD, 100 dosage units or more, but less than 500 dosage units)
Second offense
44-53-370(e)(5)(b)2 Prohibited Acts, penalties (trafficking in LSD, 500 dosage units or more, but less than 1,000 dosage units)
Second offense
44-53-370 (e)(6)(d) Prohibited Acts, penalties (trafficking in flunitrazepam, 5 kilograms or more)
44-53-370(g)(1)(b) Prohibited Acts A, penalties (distribution of narcotic drugs in Schedules I(b) and (c), LSD, and Schedule II with intent to commit a crime)
Second offense
44-53-370(g)(1)(c) Prohibited Acts A, penalties (distribution of narcotic drugs in Schedules I(b) and (c), LSD, and Schedule II with intent to commit a crime)
Third or subsequent offense
44-53-375(B)(3) Manufacture, distribution, etc., ice, crank, or crack cocaine
Third or subsequent offense
44-53-375(C)(1)(b) Trafficking in ice, crank, or crack cocaine (10 grams or more, but less than 28 grams)
Second offense
44-53-375(C)(2)(b) Trafficking in ice, crank, or crack cocaine (28 grams or more, but less than 100 grams)
Second offense
55-1-30(3) Unlawful removing or damaging of airport facility or equipment when death results
56-5-1030(B)(3) Interference with traffic-control devices or railroad signs or signals prohibited when death results from violation
58-17-4090 Penalty for obstruction of railroad
(B) The following offenses are Class B felonies and the maximum terms established for a Class B felony, as set forth in Section 16-1-20(A), apply:
16-3-1075(B)(2) Carjacking (great bodily injury)
16-11-110(B) Arson in the second degree
16-11-370 Robbery of operators of vehicles for hire
16-11-540 Damaging or destroying building, vehicle or other property by means of explosive or incendiary if personal injury results
44-53-370(e)(2)(b)1 Prohibited Acts, penalties (trafficking in cocaine, 28 grams or more, but less than 100 grams)
First offense
44-53-370(e)(3)(a)1 Prohibited Acts A, penalties (trafficking in illegal drugs, 4 grams or more, but less than 14 grams)
44-53-370(e)(5)(b)1 Prohibited Acts, penalties (trafficking in LSD, 500 dosage units or more, but less than 1000 dosage units)
First offense
44-53-370(e)(6)(a)(2) Prohibited Acts, penalties (trafficking in flunitrazepam, 1 gram)
Second or subsequent offense
44-53-370(e)(6)(c) Prohibited Acts, penalties (trafficking in flunitrazepam, 1000 grams but less than 5 kilograms)
44-53-370(g)(2)(c) Prohibited Acts A, penalties (distribution of controlled substances with intent to commit a crime)
Third or subsequent offense
44-53-375(B)(2) Manufacture, distribution, etc., ice, crank, or crack cocaine
Second offense
44-53-375(C)(2)(a) Trafficking in ice, crank, crack cocaine 28 grams or more, but less than 100 grams
First offense
44-53-475(A)(1) Financial transactions involving property derived from unlawful drug activity
44-53-475(A)(2) Transportation or attempt to transfer monetary instruments derived from unlawful drug activity
56-5-750(C)(2) Failure to stop for a law enforcement vehicle (death occurs)
56-5-2945 Causing great bodily injury or death by operating vehicle while under influence of drugs or alcohol, death resulting
(C) The following offenses are Class C felonies and the maximum terms established for a Class C felony, as set forth in Section 16-1-20(A), apply:
16-3-70 Administering or attempting to administer poison
16-3-75 Unlawful and malicious tampering with human drug product or food
16-3-220 Lynching in the second degree
16-3-620 Assault and battery with intent to kill
16-3-653 Criminal sexual conduct
Second degree
16-3-655(2) Criminal sexual conduct with minor - victim 14 years of age or less, but who is at least 11 years of age
Second degree
16-3-655(3) Criminal sexual conduct with minor - victim less than 16 years of age, but who is at least 14 years of age
Second degree
16-3-656 Assault with intent to commit criminal sexual conduct
Second degree
16-3-658 Criminal sexual conduct where victim is legal spouse (separated)
Second degree
16-3-810 Engaging child under 18 for sexual performance
16-11-330(B) Attempted armed robbery
16-11-350 Train robbery by stopping train
16-11-360 Robbery after entry upon train
16-11-540 Damaging or destroying building, vehicle, or other property by means of explosive or incendiary
25-7-30 Giving information respecting national or state defense to foreign contacts (violation during peacetime)
44-53-370(b)(2) Prohibited Acts A, penalties (manufacture or possession of other substances in Schedule I, II, III, with intent to distribute)
Third or subsequent offense
44-53-370(e)(1)(a)2 Prohibited Acts A, penalties (trafficking in marijuana, 10 pounds or more, but less than 100 pounds)
Second offense
44-53-370(e)(6)(b) Prohibited Acts, penalties (trafficking in flunitrazepam, 100 grams but less than 1000 grams)
44-53-370(g)(1)(a) Prohibited Acts A, penalties (distribution of narcotic drugs in Schedules I(b) and (c), LSD, and Schedule II with intent to commit a crime)
First offense
44-53-370(g)(2)(b) Prohibited Acts A, penalties (distribution of controlled substances with intent to commit a crime)
Second offense
44-53-440 Distribution of controlled substance under Sections 44-53-370(a) and 44-53-375(B) to persons under 18
44-53-475(A)(3) Concealment of property derived from unlawful drug activity
58-15-870 Injuring railroad or electric railway generally if act endangers life
(D) The following offenses are Class D felonies and the maximum terms established for a Class D felony, as set forth in Section 16-1-20(A), apply:
16-3-1075(B)(1) Carjacking
16-3-1730(C) Aggravated stalking within seven years of a conviction of harassment or stalking
16-11-312 Burglary - second degree
16-11-325 Common law robbery
16-11-550 Threatening to kill, injure or intimidate individual or damage or destroy property by means of explosive or incendiary
Second and subsequent offense
16-15-140 Committing or attempting lewd act upon child under 14
24-13-410(B)(D) Escaping or attempting to escape from prison or possessing tools or weapons used to escape, recaptured in State
24-13-470 Inmate throwing bodily fluids on a correctional facility employee
44-53-370(b)(1) Prohibited Acts A, penalties (narcotic drugs in Schedule I (b) and (c), LSD, and Schedule II)
First offense
44-53-370 Prohibited Acts A, penalties (g)(2)(a) (distribution of controlled substances with intent to commit a crime)
First offense
44-53-375(A) Possession of less than 1 gram of ice, crank, or crack cocaine
Third or subsequent offense
44-53-375(B)(1) Manufacture, distribution, etc., ice, crank, or crack cocaine
First offense
44-53-577 Unlawful to hire, solicit, direct a person under 17 years of age to transport, conceal, or conduct financial transaction relating to unlawful drug activity
56-5-2945(A)(1) Causing great bodily injury by operating vehicle while under influence of drugs or alcohol
(E) The following offenses are Class E felonies and the maximum terms established for a Class E felony, as set forth in Section 16-1-20(A), apply:
7-25-50 Bribery at elections
Second offense
7-25-60 Procuring or offering to procure votes by bribery
Second or subsequent offense
7-25-80 Threatening, intimidating, or abusing voters
8-1-20 Illegal collecting and retaining rebates, commissions, or discounts (public officers/employees)
8-13-705 Offering, giving, soliciting, or receiving anything of value to influence action of public employee, member, or official
12-21-2792 Skimming of video game machine proceeds
12-21-2796 Operation of video game machine without metering device
12-54-40(g) Operation of a machine without a metering device or wilful operation of a machine with a metering device that inaccurately records information
16-1-57 Third or subsequent conviction of certain property crimes
16-3-615 Spousal sexual battery
16-3-625 Resisting arrest with deadly weapon
16-3-630(C) Assault and battery against an emergency medical service provider, firefighter, or home health care provider
16-3-654 Criminal sexual conduct
Third degree
16-3-656 Assault with intent to commit criminal sexual conduct
Third degree
16-3-820 Promoting, producing, or directing a sexual performance by a child under 18
16-3-1060 No person may accept fee, compensation, etc. (for relinquishing the custody of a child for adoption)
16-3-1730(B) Aggravated stalking while injunction or restraining order prohibiting this conduct is in effect
16-7-10(b) Acts considered unlawful in area designated by Governor in emergency - looting
16-7-160(2) Illegal use of stink bombs or other devices containing foul or offensive odors - bodily harm results
16-9-220 Acceptance of bribes by officers
16-9-290 Accepting bribes for purposes of procuring public office
16-9-320(B) Assaulting police officer serving process or while resisting arrest
16-9-340 Intimidation of court officials, jurors, or witnesses
16-9-410(C)(1) Aiding escapes from prison, for prisoners serving term of incarceration
16-11-110(C) Arson - third degree
16-11-313 Burglary - third degree
Second offense
16-11-510(B)(1) Malicious injury to animals and personal property (value $5,000 or more)
16-11-520(B)(1) Malicious injury to real property (value $5,000 or more)
16-11-535 Malicious injury to place of worship
16-11-550 Threatening to kill, injure, or intimidate individual or damage or destroy property by means of explosive or incendiary
16-11-740 Malicious injury to telegraph, telephone, or electric utility system
16-13-10(B)(1) Forgery (value $5,000 or more)
16-13-30(B)(2) Grand larceny (value $5,000 or more)
16-13-40(3) Stealing of bonds and the like (value $5,000 or more)
16-13-50(1) Stealing livestock, confiscation of motor vehicle, or other chattel (value $5,000 or more)
16-13-70(B)(1) Stealing of vessels and equipment, payment of damages (value $5,000 or more)
16-13-110(B)(3) Shoplifting (value $5,000 or more)
16-13-170 Entering house or vessel without breaking in with intent to steal, attempt to enter
16-13-180(3) Receiving stolen goods (value $5,000 or more)
16-13-210(1) Embezzlement of public funds (value $5,000 or more)
16-13-230(B)(3) Breach of trust with fraudulent intent (value $5,000 or more)
16-13-240(1) Obtaining signature or property by false pretenses (value $5,000 or more)
16-13-260(1) Obtaining property under false tokens or letters (value $5,000 or more)
16-13-290(1) Securing property by fraudulent impersonation of officer (value over $200)
16-13-420(B)(1) Failure to return rented objects, fraudulent appropriation (value $5,000 or more)
16-13-425(3) Unlawful failure to return rented video or cassette tape (value $5,000 or more)
16-13-430(C)(1) Fraudulent acquisition or use of food stamps (value $5,000 or more)
16-15-20 Incest
16-15-355 Disseminating obscene material to a minor 12 years or younger
16-15-395 Sexual exploitation of a minor
16-15-415 Promoting prostitution of a minor
16-16-20(2) Computer Crime Act - first degree
16-17-430(B)(1) Unlawful uses of telephone
16-17-495(D) Transport of child by physical force or threat of physical force with intent to avoid custody order
16-17-550 Bribery of athletes and athletic officials
16-17-600(A),(B) Destruction or desecration of human remains or repositories - destroys, damages, or desecrates human remains and vandalizes, desecrates, injures gravestones or memorials
16-17-640 Blackmail
16-21-80(3) Receiving, possessing, concealing, selling, or disposing of stolen vehicle (value $5,000 or more)
16-23-220 Unlawful transportation of machine gun or sawed-off shotgun or rifle
16-23-230 Unlawful storing, keeping, or possessing machine gun or sawed-off shotgun or rifle
16-23-240 Unlawful selling, renting, or giving away of machine gun or sawed-off shotgun or rifle
16-23-440 Discharging firearms at or into dwellings
17-13-50 Right to be informed of grounds for arrest, consequences of refusal to answer or false answer
20-7-50 Unlawful neglect of child or helpless person by legal custodian
20-7-60 Ill-treating children, apprentices, servants, incompetents, or helpless persons
20-7-80 Abandonment of children
20-7-2203 Adults furnishing any juvenile committed to the Department of Youth Services with contraband
23-29-90 Penalties (violations of Subversive Activities Registration Act)
23-31-340 Penalties (violation of article regulating use and possession of machine guns, sawed-off shotguns, and rifles)
23-31-360 Unregistered possession of machine guns by licensed manufacturer
23-36-170(b) Violation of South Carolina Explosives Control Act
Second offense
24-3-910 Penalty for penitentiary employee's connivance at escape of prisoners
24-3-950 Contraband (possession by prisoner or furnishing prisoner with or attempt to furnish)
24-7-155 Furnishing or possessing contraband in county or municipal prisons prohibited
24-13-420 Harboring or employing escaped convicts
24-13-430(1) Incite prisoners to riot
24-13-430(2) Participating in riot by prisoners
24-13-440 Carrying or concealing weapon by inmates
25-7-50 False reports, insubordination, obstruction of recruiting during war
25-7-70 Sabotage
34-3-10 Use of word 'bank' or 'banking' by other than banking institutions
34-11-60 Drawing and uttering fraudulent check, draft, or other written order (more than $200, see Section 34-11-90(b))
Third and subsequent offenses
34-13-90 Penalty for improper borrowing by directors or officers
38-8-90(A) Misappropriation of trade secret information with intent or reason to believe that it will injure the owner or benefit a person other than the owner
38-55-170(1) Presenting false claim for payment (insurance companies) (value $5,000 or more)
39-73-325 Violation of regulation under State Commodity Code
44-23-1150 Sexual intercourse with patient or trainee of state mental health facility
44-52-165(A)(3) Possession of firearms or dangerous weapons by patient receiving inpatient services operated by Department of Mental Health
44-52-165(B)(1) Intentionally allowing patient receiving inpatient services by Department of Mental Health to possess alcoholic beverages or controlled substances
44-52-165(B)(2) Intentionally allowing patient receiving inpatient services by Department of Mental Health to possess firearms or dangerous weapons
44-53-370(b)(2) Prohibited Acts A, penalties (manufacture or possession of other substances in Schedule I, II, III, with intent to distribute)
Second offense
44-53-370(e)(1)(a)1 Prohibited Acts A, penalties (trafficking in marijuana, 10 pounds or more, but less than 100 pounds)
44-53-370(e)(2)(a)1 Prohibited Acts A, penalties (trafficking in cocaine, 10 grams or more, but less than 28 grams)
44-53-370(e)(4)(a)1 Prohibited Acts A, penalties (trafficking in methaqualone, 15 grams or more, but less than 150 grams)
44-53-370(e)(5)(a)1 Prohibited Acts, penalties (trafficking in LSD, 100 dosage units or more, but less than 500 dosage units)
First offense
44-53-370(e)(6)(a)(1) Prohibited acts, penalties (trafficking in flunitrazepam, 1 gram but less than 100 grams)
First offense
44-53-375(A) Possession of less than one gram of ice, crank, or crack cocaine
Second offense
44-53-375(C)(1)(a) Trafficking in ice, crank, or crack cocaine 10 grams or more, but less than 28 grams
First offense
44-53-440 Distribution of controlled substance under Section 44-53-370(a) and (b) to persons under 18 violation
44-53-445 Distribution, manufacture, or sale of controlled substance within proximity of school (other than crack cocaine)
44-55-1510 Prohibition of discharge of fumes of acids or similar substances
45-2-40(B)(1) Inflicting $500 or more in damages to a lodging establishment while using or possessing a controlled substance, beer, wine, or alcohol
46-1-20(1) Stealing crops from the field (value $5,000 or more)
46-1-40(1) Stealing tobacco plants from bed (value $5,000 or more)
46-1-60(B)(1) Making away with produce before payment (value $5,000 or more)
46-1-70(B)(1) Factors or commission merchants failing to account for produce (value $5,000 or more)
47-19-120(C)(2) Interference with person performing official duties under chapter on poultry inspection - use of deadly weapon in commission of violation
49-1-50(C)(1) Sale of drifted boats, timber, (lumber), and other property (value $5,000 or more)
50-21-112(A) Boating while under the influence of alcohol or drugs when great bodily injury or death results
55-1-30(2) Unlawful removing or damaging of airport facility or equipment when injury results
55-1-40 Unlawful entry of aircraft, damaging, or removing equipment
56-5-750(C)(1) Failure to stop for a law enforcement vehicle (great bodily harm occurs)
56-5-1030(B)(2) Interference with traffic-control devices or railroad sign or signals prohibited - injury results
56-5-2910 Reckless homicide
56-29-30(A) Unlawful to own, operate, or conduct a chop shop or to transport or sell a motor vehicle to a chop shop
58-15-850 Breaking and entering or shooting into cars"
Criminal sexual conduct
SECTION 4. Section 16-3-652 of the 1976 Code is amended to read:
"Section 16-3-652. (1) A person is guilty of criminal sexual conduct in the first degree if the actor engages in sexual battery with the victim and if any one or more of the following circumstances are proven:
(a) The actor uses aggravated force to accomplish sexual battery.
(b) The victim submits to sexual battery by the actor under circumstances where the victim is also the victim of forcible confinement, kidnapping, robbery, extortion, burglary, housebreaking, or any other similar offense or act.
(c) The actor causes the victim, without the victim's consent, to become mentally incapacitated or physically helpless by administering, distributing, dispensing, delivering, or causing to be administered, distributed, dispensed, or delivered a controlled substance or gamma hydroxy butyrate.
(2) Criminal sexual conduct in the first degree is a felony punishable by imprisonment for not more than thirty years, according to the discretion of the court."
Distribution of a controlled substance
SECTION 5. Section 44-53-370(b)(2) and (3) of the 1976 Code are amended to read:
"(2) any other controlled substance classified in Schedule I, II, or III, or flunitrazepam is guilty of a felony and, upon conviction, for a first offense must be imprisoned not more than five years or fined not more than five thousand dollars, or both. For a second offense, or if, in the case of a first conviction of violation of any provision of this subsection, the offender previously has been convicted of a violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than ten years or fined not more than ten thousand dollars, or both. For a third or subsequent offense, or if the offender previously has been convicted two or more times in the aggregate of a violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, the offender is guilty of a felony and, upon conviction, must be imprisoned not less than five years nor more than twenty years, or fined not more than twenty thousand dollars, or both. Except in the case of conviction for a first offense, the sentence must not be suspended and probation must not be granted;
(3) a substance classified in Schedule IV except for flunitrazepam is guilty of a misdemeanor and, upon conviction, for a first offense must be imprisoned not more than three years or fined not more than three thousand dollars, or both. In the case of second or subsequent offenses, the person is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than six thousand dollars, or both;"
Time effective
SECTION 6. This act takes effect upon approval by the Governor.
Approved the 26th day of May, 1998.