03/04/2013 01:30 PM Senate JUDICIARY

           SB  56-RECLASSIFYING CERTAIN DRUG OFFENSES                                                                       
                                                                                                                                
2:58:40 PM                                                                                                                    
CHAIR COGHILL announced the consideration of SB 56.                                                                             
                                                                                                                                
2:58:45 PM                                                                                                                    
SENATOR  FRED  DYSON,  sponsor  of SB  56,  explained  that  this                                                               
legislation  reduces the  penalty for  possession of  Schedule IA                                                               
and Schedule  IIA drugs  from an  automatic class  C felony  to a                                                               
class A  misdemeanor. The  bill makes it  clear that  the reduced                                                               
penalty  is only  available if  the evidence  shows no  intent to                                                               
distribute and nobody  is harmed. Using these  addictive drugs is                                                               
a bad behavior, but  in his view that does not  rise to the level                                                               
of a  felony. The  intention is to  stop overloading  the prisons                                                               
with  people  whose  crimes  are  nonviolent.  According  to  the                                                               
commissioner  of corrections,  another $250  million Goose  Creek                                                               
prison  will  be  needed  all  too  soon  if  prison  populations                                                               
continue to  rise at  the current rates.  The state  can't afford                                                               
that.                                                                                                                           
                                                                                                                                
CHAIR COGHILL  mentioned the talk  about gateway drug  issues and                                                               
expressed concern that these substances  would enter the realm of                                                               
scofflaw.                                                                                                                       
                                                                                                                                
SENATOR  DYSON  characterized  the  concern  as  unwarranted.  He                                                               
relayed that the  penalty for a class A misdemeanor  can be up to                                                               
one year  in jail and a  $10,000 fine, which sends  a signal that                                                               
it's a  dangerous activity.  The bill  also clarifies  that three                                                               
arrests for the same crime is  a felony. He said the intention is                                                               
to gain more efficient use of public resources.                                                                                 
                                                                                                                                
CHAIR COGHILL held SB 56 in committee.