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Current Status Bill Number:View additional legislative information at the LPITS web site.3167 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20010109 Primary Sponsor:J. Young All Sponsors:J. Young, Simrill, Whatley, Davenport, Sandifer, Vaughn, Robinson, Altman, Loftis, White, Lourie, Campsen Drafted Document Number:l:\council\bills\skb\18052som01.doc Companion Bill Number:96 Residing Body:Senate Date of Last Amendment:20010606 Subject:Exile Act of 2001, Crimes and Offenses, Weapons, Courts, Bail, bond hearings; Firearms History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20020529 Recalled from Committee, 11 SJ placed on the Calendar Senate 20010621 Introduced, read first time, 11 SJ referred to Committee House 20010607 Read third time, sent to Senate House 20010606 Amended, read second time House 20010606 Co-Sponsor added (Rule 5.2) by Rep. Campsen House 20010605 Debate adjourned until Wednesday, 20010606 House 20010531 Request for debate by Representative J. Young G.M. Smith Delleney Harrison Sinclair Coates Whatley Davenport House 20010531 Co-Sponsor added (Rule 5.2) by Rep. Lourie House 20010529 Committee report: Favorable with 25 HJ amendment House 20010405 Co-Sponsor added (Rule 5.2) by Rep. White House 20010221 Co-Sponsor added (Rule 5.2) by Rep. Loftis ------ 20010122 Companion Bill No. 96 House 20010109 Introduced, read first time, 25 HJ referred to Committee House 20001220 Prefiled, referred to Committee 25 HJ Versions of This Bill Revised on May 29, 2001 - Word format Revised on June 6, 2001 - Word format Revised on May 29, 2002 - Word format
Indicates Matter Stricken
Indicates New Matter
RECALLED
May 29, 2002
H. 3167
Introduced by Reps. J. Young, Simrill, Whatley, Davenport, Sandifer, Vaughn, Robinson, Altman, Loftis, White, Lourie and Campsen
S. Printed 5/29/02--S.
Read the first time June 21, 2001.
EXPLANATION OF IMPACT:
SC Department of Corrections
The SC Department of Corrections forecasts an increase in the number of inmates and an additional cost to the General Fund of the State. Notably, the May 29, 2001 amendment primarily provides definition clarity and eliminates those sections that are not germane to the Act. As such, these changes do not materially impact the January 31, 2001 cost projection provided by the department. Specific sections of the bill that correspond to the agency's projected cost structure are Sections 16-23-490(A) & (B), 16-23-50(A)(1) and 16-23-490(E). The cost to house an inmate for one year is $15,101.
The following chart summarizes the fiscal impact of the bill projected through FY 2010:
Projected FY 2002 Projected FY 2005 Projected FY 2010
Section 16-23
-490(A) & (B) 0 4 46
"Concurrent @ $15,101 @ $15,101 @ $15,101
Firearm $0 $60,404 $694,646
Penalties"
Section 16-23 6 37 65
-50(A)(1) @ $15,101 @ $15,101 @ $15,101
"Prior Violent" $90,606 $558,737 $981,565
Section 16-23 5 163 905
-490(E) @ $15,101 @ $15,101 @ $15,101
"Drug Related" $75,505 $2,461,463 $13,666,405
Total Projected
Increases: 11 204 1,016
@ $15,101 @ $15,101 @ $15,101
$166,111 $3,080,604 $15,342,616
The department could not address the potential impact from Section 16-23-490(A)(1) relating to mandatory firearm enhancement for "prior felony" convictions because of even broader prosecutorial and judicial interpretation and discretion.
SC Office of Appellate Defense
The office forecasts an additional cost to the General Fund of the State. Specific sections of the bill that correspond to the agency's projected cost structure are Sections 2 & 3. The agency acknowledges that mandatory sentences reduce the likelihood of guilty pleas, thereby increasing trials and potential appellate issues. While no projection is rendered for an absolute count of increased caseload due to a lack of historical data, the agency does offer its per case cost structure to better understand the potential cost to the State. During fiscal year 1998-1999, Appellate Defense performed its duties at an average per case cost of $878. During fiscal year 1999-2000, that figure was $1,103. Averaging the prior two (2) years, Appellate Defense forecasts a cost structure of $991 per case for all increases in caseload as a result of the proposed legislation.
SC Judicial Department
The department states that there is not enough information available to estimate the number of cases that would come before the court should this bill be enacted. Based upon the current language any cost associated with the Exile Act of 2001 could be absorbed by the agency at its current level of funding.
SC Commission on Indigent Defense
The commission noted an indeterminable fiscal impact to the General Fund of the State with the passage of the proposed legislation due to the agency's lack of historical data upon which to base its determination.
SC Commission on Prosecution Coordination
The commission forecasts a minimal fiscal impact to the General Fund of the State.
SC Department of Probation, Parole & Pardon
The department forecasts a minimal fiscal impact to the General Fund of the State.
State Law Enforcement Division (SLED)
According to SLED the criminal history of a person is already available to the magistrates, therefore, there will be no additional cost to the General Fund of the State.
LOCAL GOVERNMENT IMPACT:
Passage of this bill would have a minimal fiscal impact on the Magistrate's and Municipal Courts which they can absorb within existing resources.
Approved By:
Don Addy
Office of State Budget
TO ENACT THE "SOUTH CAROLINA EXILE ACT OF 2001" INCLUDING PROVISIONS TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR OFFENSES INVOLVING WEAPONS, SO AS TO PROVIDE INCREASED PENALTIES FOR AN OFFENDER WITH A PREVIOUS CONVICTION FOR A VIOLENT CRIME; TO AMEND SECTION 16-23-490, AS AMENDED, RELATING TO PENALTIES FOR POSSESSION OF A FIREARM DURING COMMISSION OF A VIOLENT CRIME, SO AS TO PROVIDE A SEPARATE OFFENSE FOR THE POSSESSION OF A FIREARM DURING AN OFFENSE INVOLVING A CONTROLLED SUBSTANCE AND TO PROVIDE A SEPARATE, MANDATORY MINIMUM TERM OF IMPRISONMENT UPON CONVICTION; TO AMEND SECTION 17-15-10, RELATING TO BAIL AND RECOGNIZANCE, SO AS TO ADD OTHER CONDITIONS OF RELEASE AND MAKE TECHNICAL CHANGES; TO AMEND SECTION 17-15-15, RELATING TO THE DEPOSIT OF CASH PERCENTAGE IN LIEU OF BOND, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 17-15-30, RELATING TO THE COURT'S CONSIDERATION OF CERTAIN FACTORS WHEN MAKING A BAIL DECISION, SO AS TO PROVIDE ADDITIONAL FACTORS AND TO REQUIRE THE COURT TO CONSIDER EACH FACTOR WHEN MAKING ITS DECISION; AND TO AMEND SECTION 22-5-510, AS AMENDED, RELATING TO BOND HEARINGS, SO AS TO PROVIDE ADDITIONAL OFFENSES FOR WHICH THE MAGISTRATE MAY DENY BAIL AND TO REQUIRE THE MAGISTRATE TO OBTAIN, WHEN FEASIBLE, THE PERSON'S CRIMINAL HISTORY FROM THE ARRESTING LAW ENFORCEMENT AGENCY BEFORE CONDUCTING THE BOND HEARING AND TO PROVIDE A DEFINITION OF CRIMINAL HISTORY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "South Carolina Exile Act of 2001".
SECTION 2. Section 16-23-10(c) of the 1976 Code is amended to read:
"(c) The term "crime of violence" means murder, manslaughter (except negligent manslaughter arising out of traffic accidents), rape, mayhem, kidnapping, burglary, robbery, housebreaking, assault with intent to kill, commit rape, or rob, assault with a dangerous weapon, or assault with intent to commit any offense punishable by imprisonment for more than one year. The term 'crime of violence' means any offense listed in Section 16-1-60 and includes any similar offense as defined by any jurisdiction or court of the United States, the several states, commonwealths, territories, possessions, or District of Columbia."
SECTION 3. Section 6-23-50(A)(1) of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"(A)(1) A person, including a dealer, who violates the provisions of this article, except Section 16-23-20, is guilty of a felony and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than five years, or both. However, a person who violates the provisions of this article, except Section 16-23-20, and who was previously convicted of a crime of violence, as defined in Section 16-23-10(c), upon conviction, must be sentenced to a mandatory minimum term of imprisonment of five years, no part of which may be suspended or probation granted, in addition to the punishment provided for the principal offense. A person sentenced to a mandatory minimum term of imprisonment pursuant to this section is not eligible for parole or any early release program; nor is the person eligible to receive any work credits, education credits, good conduct credits, or any other credits that would reduce the mandatory minimum term of imprisonment required by this section."
SECTION 4. Section 16-23-490 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"(A)(1) If a person is in possession of a firearm whether on his person or within his immediate access, or visibly displays what appears to be affirmatively represents that he is in possession of a firearm or visibly displays a knife during the commission of a violent crime and is convicted of committing or attempting to commit a violent crime as defined in Section 16-1-60, he must be imprisoned sentenced to a mandatory minimum term of imprisonment of five years, no part of which may be suspended or probation granted, in addition to the punishment provided for the principal crime offense. This five-year sentence does not apply in cases where the death penalty or a life sentence without parole is imposed for the violent crime.
(2) If a person is in possession of a firearm whether on his person or within his immediate access, or affirmatively represents that he is in possession of a firearm or visibly displays a knife during the commission or attempted commission of the unlawful manufacture, sale, or distribution of a controlled substance, or during the possession of a controlled substance with the intent to distribute as defined in Sections 44-53-370 and 44-53-375, he must be sentenced to a mandatory minimum term of imprisonment of five years, no part of which may be suspended or probation granted, in addition to the punishment provided for the principal offense.
(B) Service of the five-year sentence is mandatory unless a longer mandatory minimum term of imprisonment is provided by law for the violent crime. A person sentenced to a mandatory minimum term of imprisonment pursuant to this section is not eligible for parole or any early release program, nor is the person eligible to receive any work credits, education credits, good conduct credits, or any other credits that would reduce the mandatory minimum term of imprisonment required by this section. The court may must impose this mandatory five-year sentence to run consecutively or concurrently. to the sentence imposed for the principal offense.
(C) The person sentenced under this section is not eligible during this five-year period for parole, work release, or extended work release. The five years may not be suspended and the person may not complete his term of imprisonment in less than five years pursuant to good-time credits or work credits, but may earn credits during this period.
(D)(C) As used in this section, 'firearm' means any machine gun, automatic rifle, revolver, pistol, or any weapon which will, can, or is capable of or is designed to, or may readily be converted to expel a projectile; 'knife' means an instrument or tool consisting of a sharp cutting blade whether or not fastened to a handle which is capable of being used to inflict a cut, slash, or wound.
(E)(D)(1) The additional punishment penalties may must not be imposed unless the indictment alleged as a separate count that:
(a) the person was in possession of a firearm or visibly displayed what appeared to be a firearm whether on his person or within his immediate access, or affirmatively represents that he is in possession of a firearm or visibly displays a knife during the commission of the violent crime and conviction was had upon this the person was convicted of this separate count in the indictment.;or
(b) the person was in possession of a firearm whether on his person or within his immediate access, or affirmatively represents that he is in possession of a firearm or visibly displays a knife during the commission or attempted commission of the unlawful manufacture, sale, or distribution of a controlled substance, or during the possession of a controlled substance with the intent to distribute as defined in Sections 44-53-370 and 44-53-375 and the person was convicted on this separate count in the indictment.
(2) The penalties prescribed in this section may subsection (A)(1) must not be imposed unless the person convicted was at the same time indicted for and convicted of a violent crime as defined in Section 16-1-60.
The penalties prescribed in subsection (A)(2) must not be imposed unless the person convicted was at the same time indicted for and convicted of the offense of unlawful manufacture, sale, or distribution of a controlled substance, or during the possession of a controlled substance with the intent to distribute as defined in Sections 44-53-370 and 44-53-375."
SECTION 5. If any provision of this act or its application thereof to any person is held invalid, the invalidity shall 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.
SECTION 6. This act takes effect upon approval by the Governor and applies to offenses committed on or after that date. A person arrested, charged, or indicted under those provisions of law amended by this act must be tried and sentenced as provided by the law in force at the time of the commission of the offense.
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