2015-2016 Bill 3545 Text of Previous Version (Jun. 2, 2015) - South Carolina Legislature Online

1 Indicates Matter Stricken 2 Indicates New Matter 3 4 AMENDED 5 June 2, 2015 6 7 H. 3545 8 9 Introduced by Reps. Gambrell, Weeks, Bedingfield, V.S. Moss, 10 Clemmons, Forrester, Gagnon, D.C. Moss, Pitts, Riley, 11 G.M. Smith, G.R. Smith, White and Yow 12 13 S. Printed 6/2/15--S. 14 Read the first time March 25, 2015. 15

[3545-1] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTION 16-11-110, AS AMENDED, RELATING 12 TO ARSON, SO AS TO RESTRUCTURE THE ELEMENTS OF 13 THE DEGREES OF ARSON. 14 Amend Title To Conform 15 16 Be it enacted by the General Assembly of the State of South 17 Carolina: 18 19 SECTION 1. Section 1611110 of the 1976 Code, as last amended 20 by Act 273 of 2010, is further amended to read: 21 22 “Section 1611110. (A) A person who wilfully and maliciously 23 causes an explosion, sets fire to, burns, or causes to be burned or 24 aids, counsels, or procures a burning that results in damage to a 25 dwelling house, building, structure, or any property specified in 26 subsections (B) and (C), whether the property of himself the 27 person or another, which results, either directly or indirectly, in the 28 death or serious bodily injury of to a person is guilty of the felony 29 of arson in the first degree and, upon conviction, must be 30 imprisoned not less than thirty years. 31 (B) A person who wilfully and maliciously causes an 32 explosion, sets fire to, burns, or causes to be burned or aids, 33 counsels, or procures a burning that results in damage to a 34 dwelling house, church or place of worship, public or private 35 school facility, manufacturing plant or warehouse, building where 36 business is conducted, institutional facility, or any structure 37 designed for human occupancy including local and municipal 38 buildings, or any property whether the property of himself the 39 person or another, which results, either directly or indirectly, in 40 serious bodily injury to a person is guilty of the felony of arson in 41 the second degree and, upon conviction, must be imprisoned not 42 less than three nor more than twentyfive years.

[3545] 2 1 (C) A person commits a violation of the provisions of this 2 subsection who wilfully and maliciously: 3 (1) causes an explosion, sets fire to, burns, or causes to be 4 burned or aids, counsels, or procures a burning that which results 5 in damage to a dwelling house, building, or structure other than 6 those specified in subsection (A) or (B) , a railway car, a ship, boat, 7 or other watercraft, an aircraft, an automobile or other motor 8 vehicle, or any personal property,; or 9 (2) aids, counsels, or procures a burning that results in 10 damage to a building or structure other than those specified in 11 subsection (A) and (B), a railway car, a ship, boat, or other 12 watercraft, an aircraft, an automobile or other motor vehicle, or 13 personal property with intent to destroy or damage by explosion or 14 fire, whether the property of himself the person or another, which 15 results, either directly or indirectly, in bodily injury to a person or 16 damage to the property. 17 A person who violates the provisions of this subsection is guilty 18 of the felony of arson in the third degree and, upon conviction, 19 must be imprisoned not more than fifteen years. 20 (D) For purposes of this section, ‘damage’ means an 21 application of fire or explosive that results in burning, charring, 22 blistering, scorching, smoking, singeing, discoloring, or changing 23 the fiber or composition of a building, structure, or any property 24 specified in this section.” 25 26 SECTION 2. Section 1623500 of the 1976 Code is amended to 27 read: 28 29 “Section 1623500. (A) It is unlawful for a person who has been 30 convicted of a violent crime, as defined by Section 16160, that is 31 classified as a felony offense, to possess a firearm or ammunition 32 within this State. 33 (B) A person who violates the provisions of this section is 34 guilty of a felony and, upon conviction, must be fined not more 35 than two thousand dollars or imprisoned not more than five years, 36 or both. 37 (C)(1) In addition to the penalty provided in this section, the 38 firearm or ammunition involved in the violation of this section 39 must be confiscated. The firearm or ammunition must be 40 delivered to the chief of police of the municipality or to the sheriff 41 of the county if the violation occurred outside the corporate limits 42 of a municipality. The law enforcement agency that receives the 43 confiscated firearm or ammunition may use it within the agency,

[3545] 3 1 transfer it to another law enforcement agency for the lawful use of 2 that agency, trade it with a retail dealer licensed to sell firearms or 3 ammunition in this State for a firearm, ammunition, or any other 4 equipment approved by the agency, or destroy it. A firearm or 5 ammunition must not be disposed of in any manner until the 6 results of any legal proceeding in which it may be involved are 7 finally determined. If the State Law Enforcement Division seized 8 the firearm or ammunition, the division may keep the firearm or 9 ammunition for use by its forensic laboratory. Records must be 10 kept of all confiscated firearms or ammunition received by the law 11 enforcement agencies under the provisions of this section. 12 (2) A law enforcement agency that receives a firearm or 13 ammunition pursuant to this section shall administratively release 14 the firearm or ammunition to an innocent owner. The firearm or 15 ammunition must not be released to the innocent owner until the 16 results of any legal proceedings in which the firearm or 17 ammunition may be involved are finally determined. Before the 18 firearm or ammunition may be released, the innocent owner shall 19 provide the law enforcement agency with proof of ownership and 20 shall certify that the innocent owner will not release the firearm or 21 ammunition to the person who has been charged with a violation 22 of this section which resulted in the confiscation of the firearm or 23 ammunition. The law enforcement agency shall notify the 24 innocent owner when the firearm or ammunition is available for 25 release. If the innocent owner fails to recover the firearm or 26 ammunition within thirty days after notification of the release, the 27 law enforcement agency may maintain or dispose of the firearm or 28 ammunition as otherwise provided in this section. 29 (D) The judge that hears the case involving the violent offense, 30 as defined by Section 16160, that is classified as a felony offense, 31 shall make a specific finding on the record that the offense is a 32 violent offense, as defined by Section 16160, and is classified as a 33 felony offense. A judge’s failure to make a specific finding on the 34 record does not bar or otherwise affect prosecution pursuant to this 35 subsection and does not constitute a defense to prosecution 36 pursuant to this subsection.” 37 38 SECTION 3. Section 223560 of the 1976 Code is amended to 39 read: 40 41 “Section 223560. Magistrates may punish breaches of the 42 peace by a fine not exceeding five hundred dollars or

[3545] 4 1 imprisonment for a term not exceeding thirty days, or both, all 2 breaches of the peace.” 3 4 SECTION 4. Section 225920(B) of the 1976 Code is amended to 5 read: 6 7 “(B)(1) Following a first offense conviction as a youthful 8 offender for which a defendant is sentenced pursuant to the 9 provisions of Chapter 19, Title 24, Youthful Offender Act, the 10 defendant, after five years from the date of completion of his the 11 defendant’s sentence, including probation and parole, may apply, 12 or cause someone acting on his the defendant’s behalf to apply, to 13 the circuit court for an order expunging the records of the arrest 14 and conviction. 15 (2) However, this section does not apply to: 16 (a) an offense in which registration on the sexual offender 17 registry is required by statute or ordered by a court, except in cases 18 in which a determination is made by the sentencing court that the 19 sexual conduct with a victim of at least fourteen years of age was 20 consensual; 21 (b) an offense involving the operation of a motor vehicle,; 22 (c) to a violation of Title 50 or the regulations 23 promulgated under it for which points are assessed, suspension 24 provided for, or enhanced penalties for subsequent offenses 25 authorized,; 26 (d) to an offense classified as a violent crime in Section 27 16160,; or 28 (e) to an offense contained in Chapter 25, Title 16, except 29 as otherwise provided in Section 162530. 30 (3) If the defendant has had no other conviction during the 31 fiveyear period following completion of his the defendant’s 32 sentence, including probation and parole, for a first offense 33 conviction as a youthful offender for which the defendant was 34 sentenced pursuant to the provisions of Chapter 19, Title 24, 35 Youthful Offender Act, the circuit court may issue an order 36 expunging the records. No person may have his the person’s 37 records expunged under this section more than once. A person 38 may have his the person’s record expunged even though the 39 conviction occurred before the effective date of this section. A 40 person eligible for a sentence pursuant to the provisions of Chapter 41 19, Title 24, Youthful Offender Act, and who is not sentenced 42 pursuant to those provisions, is not eligible to have his the person’s 43 record expunged pursuant to the provisions of this section.”

[3545] 5 1 2 SECTION 5. Section 241910(d) of the 1976 Code is amended to 3 read: 4 5 “(d) ‘Youthful offender’ means an offender who is: 6 (i) under seventeen years of age and has been bound over 7 for proper criminal proceedings to the court of general sessions 8 pursuant to Section 63191210 for allegedly committing an offense 9 that is not a violent crime, as defined in Section 16160, and that is 10 a misdemeanor, a Class D, Class E, or Class F felony, as defined in 11 Section 16120, or a felony which provides for a maximum term of 12 imprisonment of fifteen years or less; 13 (ii) seventeen but less than twentyfive years of age at the 14 time of conviction for an offense that is not a violent crime, as 15 defined in Section 16160, and that is a misdemeanor, a Class D, 16 Class E, or Class F felony, or a felony which provides for a 17 maximum term of imprisonment of fifteen years or less; 18 (iii) under seventeen years of age and has been bound over 19 for proper criminal proceedings to the court of general sessions 20 pursuant to Section 63191210 for allegedly committing burglary in 21 the second degree (Section 1611312). The If the offender 22 committed burglary in the second degree pursuant to Section 23 1611312(B), the offender must receive and serve a minimum 24 sentence of at least three years, no part of which may be 25 suspended, and the person is not eligible for conditional release 26 until the person has served the threeyear minimum sentence; 27 (iv) seventeen but less than twentyone years of age at the 28 time of conviction for burglary in the second degree (Section 29 1611312). The If the offender committed burglary in the second 30 degree pursuant to Section 1611312(B), the offender must receive 31 and serve a minimum sentence of at least three years, no part of 32 which may be suspended, and the person is not eligible for 33 conditional release until the person has served the threeyear 34 minimum sentence; 35 (v) under seventeen years of age and has been bound over 36 for proper criminal proceedings to the court of general sessions 37 pursuant to Section 63191210 for allegedly committing criminal 38 sexual conduct with a minor in the third degree pursuant to Section 39 163655(C), and the alleged offense involved consensual sexual 40 conduct with a person who was at least fourteen years of age at the 41 time of the act; or 42 (vi) seventeen but less than twentyfive years of age at the 43 time of conviction for committing criminal sexual conduct with a

[3545] 6 1 minor in the third degree pursuant to Section 163655(C), and the 2 conviction resulted from consensual sexual conduct, provided the 3 offender was eighteen years of age or less at the time of the act and 4 the other person involved was at least fourteen years of age at the 5 time of the act.” 6 SECTION 6. Section 24215(1) of the 1976 Code is amended to 7 read: 8 9 “(1) ‘Administrative monitoring’ means a form of monitoring 10 by the department beyond the end of the term of supervision in 11 which the only remaining condition of supervision not completed 12 is the payment of financial obligations. Under administrative 13 monitoring, the only condition of the monitoring shall be the 14 requirement that reasonable progress be made toward the payment 15 of financial obligations. The payment of monitoring mandated 16 fees shall continue. When an offender is placed on administrative 17 monitoring, he the offender shall register with the department’s 18 representative in his the offender’s county, notify the department 19 of his the offender’s current address each quarter, and make 20 payments on financial obligations owed, until the financial 21 obligations are paid in full or a consent order of judgment is filed. 22 Written notice of petitions for civil contempt as set forth in Section 23 2421100, scheduled hearings or proceedings, or any other event or 24 modification associated with administrative monitoring must be 25 given by the department by depositing the notice in the United 26 States mail with postage prepaid addressed to the person at the 27 address contained in the records of the department. The giving of 28 notice by mail is complete ten days after the deposit of the notice. 29 A certificate by the director of the department or the director’s 30 designee that the notice has been sent as required in this section is 31 presumptive proof that the requirements as to notice of petitions 32 for civil contempt as set forth in Section 2421100, scheduled 33 hearings or proceedings, or any other event or modification 34 associated with administrative monitoring have been met even if 35 the notice has not been received by the offender. If an offender 36 fails to appear for the civil contempt proceeding, the court may 37 issue a bench warrant for the offender’s arrest for failure to appear, 38 or the court may proceed in the offender’s absence and issue a 39 bench warrant along with an order imposing a term of confinement 40 as set forth in Section 2421100.” 41 42 SECTION 7. Section 2421100(A) of the 1976 Code is amended 43 to read:

[3545] 7 1 2 “(A) Notwithstanding the provisions of Section 2419120, 3 2421440, 2421560(B), or 2421670, when an individual has not 4 fulfilled his the individual’s obligations for payment of financial 5 obligations by the end of his the individual’s term of supervision, 6 then the individual shall be placed under quarterly administrative 7 monitoring, as defined in Section 24215, by the department until 8 such time as those financial obligations are paid in full or a consent 9 order of judgment is filed. If the individual under administrative 10 monitoring fails to make reasonable progress toward the payment 11 of such financial obligations, as determined by the department, the 12 department may petition the court to hold an individual in civil 13 contempt for failure to pay the financial obligations. The 14 department shall provide written notice of the petition and any 15 scheduled contempt by depositing the notice in the United States 16 mail with postage prepaid addressed to the person at the address 17 contained in the records of the department. The giving of notice 18 by mail is complete ten days after the deposit of the notice. A 19 certificate by the director of the department or the director’s 20 designee that the notice has been sent as required in this section is 21 presumptive proof that the requirements as to notice of petition and 22 any scheduled contempt hearing have been met even if the notice 23 has not been received by the offender. If the court finds the 24 individual has the ability to pay but has not made reasonable 25 progress toward payment, the court may hold the individual in 26 civil contempt of court and may impose a term of confinement in 27 the local detention center until payment of the financial 28 obligations, but in no case to exceed ninety days of confinement. 29 Following any term of confinement, the individual shall be 30 returned to quarterly administrative monitoring by the department. 31 If the individual under administrative monitoring does not have the 32 ability to pay the financial obligations and has no reasonable 33 likelihood of being able to pay in the future, the department may 34 submit a consent order of judgment to the court, which shall 35 relieve the individual of any further administrative monitoring.” 36 37 SECTION 8. Section 2421280(D) of the 1976 Code is amended 38 to read: 39 40 “(D) A probation agent, in consultation with his the probation 41 agent’s supervisor, shall identify each individual under the 42 department’s supervision of the department, with a term of 43 supervision of more than one year, and shall calculate and award

[3545] 8 1 compliance credits as provided in this section. Credits may be 2 earned from the first day of supervision on a thirtyday basis, but 3 shall must not be applied until after each thirtyday period of 4 supervision has been completed. Compliance credits may be 5 denied for noncompliance on a thirtyday basis as determined by 6 the department. The denial of nonearned compliance credits is a 7 final decision of the department and is not subject to appeal. An 8 individual may earn up to twenty days of compliance credits for 9 each thirtyday period in which he the department determines that 10 the individual has substantially fulfilled all of the conditions of his 11 the individual’s supervision, has no new arrests, and has made all 12 scheduled payments of his financial obligations.” 13 14 SECTION 9. Section 4453370(b) of the 1976 Code is amended to 15 read: 16 17 “(b) A person who violates subsection (a) with respect to: 18 (1) a controlled substance classified in Schedule I (b) and (c) 19 which is a narcotic drug or lysergic acid diethylamide (LSD) and 20 in Schedule II which is a narcotic drug is guilty of a felony and, 21 upon conviction, for a first offense must be imprisoned not more 22 than fifteen years or fined not more than twentyfive thousand 23 dollars, or both. For a second offense, or if, in the case of a first 24 conviction of violation of any provision of this subsection, the 25 offender previously has been convicted of a violation of the laws 26 of the United States or of any state, territory, or district relating to 27 narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic 28 drugs, the offender must be imprisoned not less than five years nor 29 more than thirty years, or fined not more than fifty thousand 30 dollars, or both. For a third or subsequent offense, or if the 31 offender previously has been convicted two or more times in the 32 aggregate of a violation of the laws of the United States or of any 33 state, territory, or district relating to narcotic drugs, marijuana, 34 depressant, stimulant, or hallucinogenic drugs, the offender must 35 be imprisoned not less than ten years nor more than thirty years, or 36 fined not more than fifty thousand dollars, or both. 37 Notwithstanding any other provision of law, a person convicted 38 and sentenced pursuant to this item for a first offense or second 39 offense may have the sentence suspended and probation granted 40 and is eligible for parole, supervised furlough, community 41 supervision, work release, work credits, education credits, and 42 good conduct credits. Notwithstanding any other provision of law, 43 a person convicted and sentenced pursuant to this subsection for a

[3545] 9 1 third or subsequent offense in which all prior offenses were for 2 possession of a controlled substance pursuant to subsections (c) 3 and (d), may have the sentence suspended and probation granted 4 and is eligible for parole, supervised furlough, community 5 supervision, work release, work credits, education credits, and 6 good conduct credits. In all other cases, the sentence must not be 7 suspended nor probation granted; 8 (2) any other controlled substance classified in Schedule I, 9 II, or III, flunitrazepam or a controlled substance analogue, is 10 guilty of a felony and, upon conviction, for a first offense must be 11 imprisoned not more than five years or fined not more than five 12 thousand dollars, or both. For a second offense, or, if, in the case 13 of a first conviction of violation of any provision of this 14 subsection, the offender previously has been convicted of a 15 violation of the laws of the United States or of any state, territory, 16 or district relating to narcotic drugs, marijuana, depressant, 17 stimulant, or hallucinogenic drugs, the offender is guilty of a 18 felony and, upon conviction, must be imprisoned not more than ten 19 years or fined not more than ten thousand dollars, or both. For a 20 third or subsequent offense, or, if the offender previously has been 21 convicted two or more times in the aggregate of a violation of the 22 laws of the United States or of any state, territory, or district 23 relating to narcotic drugs, marijuana, depressant, stimulant, or 24 hallucinogenic drugs, the offender is guilty of a felony and, upon 25 conviction, must be imprisoned not less than five years nor more 26 than twenty years, or fined not more than twenty thousand dollars, 27 or both. Notwithstanding any other provision of law, a person 28 convicted and sentenced pursuant to this item for a first offense or 29 second offense may have the sentence suspended and probation 30 granted, and is eligible for parole, supervised furlough, community 31 supervision, work release, work credits, education credits, and 32 good conduct credits. Notwithstanding any other provision of law, 33 a person convicted and sentenced pursuant to this item for a third 34 or subsequent offense in which all prior offenses were for 35 possession of a controlled substance pursuant to subsections (c) 36 and (d), may have the sentence suspended and probation granted, 37 and is eligible for parole, supervised furlough, community 38 supervision, work release, work credits, education credits, and 39 good conduct credits. In all other cases, the sentence must not be 40 suspended nor probation granted; 41 (3) a substance classified in Schedule IV except for 42 flunitrazepam is guilty of a misdemeanor and, upon conviction, for 43 a first offense must be imprisoned not more than three years or

[3545] 10 1 fined not more than three thousand dollars, or both. In the case of 2 second or subsequent offenses, the person is guilty of a felony and, 3 upon conviction, must be imprisoned not more than five years or 4 fined not more than six thousand dollars, or both. Notwithstanding 5 any other provision of law, a person convicted and sentenced 6 pursuant to this item for a first offense or second offense may have 7 the sentence suspended and probation granted and is eligible for 8 parole, supervised furlough, community supervision, work release, 9 work credits, education credits, and good conduct credits. 10 Notwithstanding any other provision of law, a person convicted 11 and sentenced pursuant to this subsection for a third or subsequent 12 offense in which all prior offenses were for possession of a 13 controlled substance pursuant to subsections (c) and (d), may have 14 the sentence suspended and probation granted and is eligible for 15 parole, supervised furlough, community supervision, work release, 16 work credits, education credits, and good conduct credits. In all 17 other cases, the sentence must not be suspended nor probation 18 granted; 19 (4) a substance classified in Schedule V is guilty of a 20 misdemeanor and, upon conviction, for a first offense must be 21 imprisoned not more than one year or fined not more than one 22 thousand dollars, or both. In the case of second or subsequent 23 offenses, the sentence must be twice the first offense. 24 Notwithstanding any other provision of law, a person convicted 25 and sentenced pursuant to this item for a first offense or second 26 offense may have the sentence suspended and probation granted 27 and is eligible for parole, supervised furlough, community 28 supervision, work release, work credits, education credits, and 29 good conduct credits. Notwithstanding any other provision of law, 30 a person convicted and sentenced pursuant to this item for a third 31 or subsequent offense in which all prior offenses were for 32 possession of a controlled substance pursuant to subsections (c) 33 and (d), may have the sentence suspended and probation granted 34 and is eligible for parole, supervised furlough, community 35 supervision, work release, work credits, education credits, and 36 good conduct credits. In all other cases, the sentence must not be 37 suspended nor probation granted;.” 38 39 SECTION 10. Section 4453375(B) of the 1976 Code is amended 40 to read: 41 42 “(B) A person who manufactures, distributes, dispenses, 43 delivers, purchases, or otherwise aids, abets, attempts, or conspires

[3545] 11 1 to manufacture, distribute, dispense, deliver, or purchase, or 2 possesses with intent to distribute, dispense, or deliver 3 methamphetamine or cocaine base, in violation of the provisions of 4 Section 4453370, is guilty of a felony and, upon conviction: 5 (1) for a first offense, must be sentenced to a term of 6 imprisonment of not more than fifteen years or fined not more than 7 twentyfive thousand dollars, or both; 8 (2) for a second offense or if, in the case of a first conviction 9 of a violation of this section, the offender has been convicted of 10 any of the laws of the United States or of any state, territory, or 11 district relating to narcotic drugs, marijuana, depressant, stimulant, 12 or hallucinogenic drugs, the offender must be imprisoned for not 13 less than five years nor more than thirty years, or fined not more 14 than fifty thousand dollars, or both; 15 (3) for a third or subsequent offense or if the offender has 16 been convicted two or more times in the aggregate of any violation 17 of the laws of the United States or of any state, territory, or district 18 relating to narcotic drugs, marijuana, depressant, stimulant, or 19 hallucinogenic drugs, the offender must be imprisoned for not less 20 than ten years nor more than thirty years, or fined not more than 21 fifty thousand dollars, or both. 22 Possession of one or more grams of methamphetamine or 23 cocaine base is prima facie evidence of a violation of this 24 subsection. Notwithstanding any other provision of law, a person 25 convicted and sentenced pursuant to this subsection for a first 26 offense or second offense may have the sentence suspended and 27 probation granted, and is eligible for parole, supervised furlough, 28 community supervision, work release, work credits, education 29 credits, and good conduct credits. Notwithstanding any other 30 provision of law, a person convicted and sentenced pursuant to this 31 subsection for a third or subsequent offense in which all prior 32 offenses were for possession of a controlled substance pursuant to 33 subsection (A), may have the sentence suspended and probation 34 granted and is eligible for parole, supervised furlough, community 35 supervision, work release, work credits, education credits, and 36 good conduct credits. In all other cases, the sentence must not be 37 suspended nor probation granted.” 38 39 SECTION 11. Section 4453470 of the 1976 Code is amended to 40 read: 41 42 “Section 4453470. (A) An offense is considered a second or 43 subsequent offense if:

[3545] 12 1 (1) for an offense involving marijuana pursuant to the 2 provisions of this article, the offender has been convicted within 3 the previous five years of a first violation of a marijuana 4 possession provision of this article or of another state or federal 5 statute relating to marijuana possession; 6 (2) for an offense involving marijuana pursuant to the 7 provisions of this article, the offender has at any time been 8 convicted of a first, second, or subsequent violation of a marijuana 9 offense provision of this article or of another state or federal 10 statute relating to marijuana offenses, except a first violation of a 11 marijuana possession provision of this article or of another state or 12 federal statute relating to marijuana offenses; 13 (3) for an offense involving a controlled substance other 14 than marijuana pursuant to this article, the offender has been 15 convicted within the previous ten years of a first violation of a 16 controlled substance offense provision, other than a marijuana 17 offense provision, of this article or of another state or federal 18 statute relating to narcotic drugs, depressants, stimulants, or 19 hallucinogenic drugs; and 20 (4) for an offense involving a controlled substance other 21 than marijuana pursuant to this article, the offender has at any time 22 been convicted of a second or subsequent violation of a controlled 23 substance offense provision, other than a marijuana offense 24 provision, of this article or of another state or federal statute 25 relating to narcotic drugs, depressants, stimulants, or 26 hallucinogenic drugs. 27 (B) In addition to the above provisions, a conviction of 28 trafficking in marijuana or trafficking in any other controlled 29 substance in violation of this article or of another state or federal 30 statute relating to trafficking in controlled substances must be 31 considered a prior offense for purposes of any prosecution 32 pursuant to this article. 33 (B)(C) If a person is sentenced to confinement as the result of a 34 conviction pursuant to this article, the time period specified in this 35 section begins on the date of the conviction or on the date the 36 person is released from confinement imposed for the conviction, 37 whichever is later. For purposes of this section, confinement 38 includes incarceration and supervised release, including, but not 39 limited to, probation, parole, house arrest, community supervision, 40 work release, and supervised furlough.” 41 42 SECTION 12. Section 561396(F) of the 1976 Code is amended 43 to read:

[3545] 13 1 2 “(F) Qualifying suspensions include, and are limited to, 3 suspensions pursuant to Sections 341170, 561120, 561170, 4 561185, 561240, 561270, 561290, 561460(A)(1), 5622740, 5 569351, 569354, 569357, 569430, 569490, 569610, 569620, 6 5610225, 5610240, 5610270, 5610520, 5610530, and 562520. 7 Qualifying suspensions do not include suspensions pursuant to 8 Section 5652990 or Section 5652945, and do not include 9 suspensions pursuant to Section 561460 if the person drives a 10 motor vehicle when the person’s license has been suspended or 11 revoked pursuant to Section 5652990 or Section 5652945.” 12 13 SECTION 13. The repeal or amendment by the provisions of 14 this act or any law, whether temporary or permanent or civil or 15 criminal, does not affect pending actions, rights, duties, or 16 liabilities founded thereon, or alter, discharge, release, or 17 extinguish any penalty, forfeiture, or liability incurred under the 18 repealed or amended law, unless the repealed or amended 19 provision shall so expressly provide. After the effective date of 20 this act, all laws repealed or amended by this act must be taken and 21 treated as remaining in full force and effect for the purpose of 22 sustaining any pending or vested right, civil action, special 23 proceeding, criminal prosecution, or appeal existing as of the 24 effective date of this act, and for the enforcement of rights, duties, 25 penalties, forfeitures, and liabilities as they stood under the 26 repealed or amended laws. 27 28 SECTION 14. This act takes effect upon approval by the 29 Governor. 30 XX 31

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