<p> 1 South Carolina General Assembly 2 116th Session, 2005-2006 3 4 H. 4418 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Rep. Davenport 10 Document Path: l:\council\bills\ms\7056ahb06.doc 11 12 Introduced in the House on January 12, 2006 13 Currently residing in the House Committee on Judiciary 14 15 Summary: Methamphetamine 16 17 18 HISTORY OF LEGISLATIVE ACTIONS 19 20 Date Body Action Description with journal page number 21 1/12/2006 House Introduced and read first time HJ-5 22 1/12/2006 House Referred to Committee on Judiciary HJ-5 23 24 25 VERSIONS OF THIS BILL 26 27 1/12/2006 28 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTION 20-7-1572, AS AMENDED, CODE OF 12 LAWS OF SOUTH CAROLINA, 1976, RELATING TO 13 TERMINATION OF PARENTAL RIGHTS, SO AS TO ADD 14 THE UNLAWFUL MANUFACTURE OF 15 METHAMPHETAMINE IN THE PRESENCE OF A CHILD TO 16 THE LIST OF GROUNDS FOR WHICH THE FAMILY COURT 17 MAY ORDER TERMINATION OF PARENTAL RIGHTS; AND 18 TO AMEND SECTION 44-53-375, AS AMENDED, RELATING 19 TO POSSESSION, MANUFACTURE, AND TRAFFICKING IN 20 METHAMPHETAMINE AND COCAINE BASE, SO AS TO 21 CREATE THE OFFENSE OF UNLAWFUL MANUFACTURE 22 OF METHAMPHETAMINE IN THE PRESENCE OF A CHILD 23 AND TO PROVIDE A PENALTY. 24 25 Be it enacted by the General Assembly of the State of South 26 Carolina: 27 28 SECTION 1. Section 20-7-1572 of the 1976 Code, as last 29 amended by Act 168 of 2005, is further amended by adding an 30 appropriately numbered subsection at the end: 31 32 “( ) A parent of the child pleads guilty to, nolo contendere to, 33 or is convicted of the unlawful manufacture of methamphetamine 34 in the presence of a child pursuant to the provisions of Section 35 44-53-375(H).” 36 37 SECTION 2. Section 44-53-375 of the 1976 Code, as last 38 amended by Act 127 of 2005, is further amended by adding: 39 40 “(H) In addition to the provisions of subsection (G), a person 41 eighteen years of age or older who violates the provisions of 42 subsection (B) or (C) may be charged with unlawful manufacture</p><p>1 [4418] 1 1 of methamphetamine in the presence of a child if a child is present 2 at any time during the unlawful manufacturing of 3 methamphetamine. The presence of a methamphetamine 4 laboratory where a child is present is prima facie evidence of a 5 violation of this subsection. 6 (1) A person who violates the provisions of this subsection is 7 guilty of a felony and, upon conviction; 8 (a) for a first offense, must be sentenced to a mandatory 9 minimum of five years, no part of which may be suspended or 10 probation granted; and 11 (b) for a second offense, must be sentenced to life 12 imprisonment. 13 (2) A person who violates the provisions of this subsection is 14 also subject to termination of parental rights pursuant to the 15 provisions of Section 20-7-1572.” 16 17 SECTION 2. The repeal or amendment by this act of any law, 18 whether temporary or permanent or civil or criminal, does not 19 affect pending actions, rights, duties, or liabilities founded thereon, 20 or alter, discharge, release or extinguish any penalty, forfeiture, or 21 liability incurred under the repealed or amended law, unless the 22 repealed or amended provision shall so expressly provide. After 23 the effective date of this act, all laws repealed or amended by this 24 act must be taken and treated as remaining in full force and effect 25 for the purpose of sustaining any pending or vested right, civil 26 action, special proceeding, criminal prosecution, or appeal existing 27 as of the effective date of this act, and for the enforcement of 28 rights, duties, penalties, forfeitures, and liabilities as they stood 29 under the repealed or amended laws. 30 31 SECTION 3. If any section, subsection, paragraph, subparagraph, 32 sentence, clause, phrase, or word of this act is for any reason held 33 to be unconstitutional or invalid, such holding shall not affect the 34 constitutionality or validity of the remaining portions of this act, 35 the General Assembly hereby declaring that it would have passed 36 this act, and each and every section, subsection, paragraph, 37 subparagraph, sentence, clause, phrase, and word thereof, 38 irrespective of the fact that any one or more other sections, 39 subsections, paragraphs, subparagraphs, sentences, clauses, 40 phrases, or words hereof may be declared to be unconstitutional, 41 invalid, or otherwise ineffective. 42</p><p>1 [4418] 2 1 SECTION 4. This act takes effect upon approval by the 2 Governor. 3 ----XX---- 4</p><p>1 [4418] 3</p>