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Indicates Matter Stricken
Indicates New Matter
AMENDED
May 3, 2001
S. 96
Introduced by Senators Wilson, Courson, Richardson, Verdin, Mescher, McConnell, Reese, Branton, Grooms, Ryberg and Giese
S. Printed 5/03/01--S.
Read the first time January 10, 2001.
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.
Amend Title To Conform
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 16-23-50(A)(1) of the 1976 Code is 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 violent crime as defined in Section 16-1-60, upon conviction, must be sentenced to a mandatory term of imprisonment of five years, no part of which may be suspended or probation granted, in addition for the punishment provided for the principal offense. A person sentenced to a mandatory 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 term of imprisonment required by this section."
SECTION 3. Section 16-23-490 of the 1976 Code is amended to read:
"Section 16-23-490. (A) (1) If a person is in possession of a firearm or visibly displays what appears to be a firearm or visibly displays a knife If a person is in possession of a firearm or 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 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 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 Section 44-53-370, he must be sentenced to a mandatory 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 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 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 may must not be imposed unless the indictment alleged as a separate count that the person was in possession of a firearm or visibly displayed what appeared to be a firearm or visibly displays displayed 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. The penalties prescribed in this section subsection (A)(1) may not be imposed unless the person convicted was at the same time indicted and convicted of a violent crime as defined in Section 16-1-60.
(2) 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 the unlawful manufacture, sale, or distribution of a controlled substance, or the offense of the possession of a controlled substance with intent to distribute as defined in Section 44-53-370.
(E)(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 or visibly displays displayed 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 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 Section 44-53-370 and the conviction was obtained on this count in the indictment.
(2) The penalties prescribed in this section may subsection (a) 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 (b) must not be imposed unless the person convicted was at the same time indicted and convicted of the offense of the unlawful manufacture, sale, or distribution of a controlled substance, or the offense of the possession of a controlled substance."
SECTION 4. If any provision of this act or its application thereof to any person 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.
SECTION 5. This act takes effect upon approval by the Governor and applies to offenses committed on or after the effective 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 and effect at the time of the commission of the offense.
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