EDITORIAL Legislative Updates

Bakari Sellers

Mikaelah Seifrit

Eric Skipper

Larry Stoller

Weston Newton

Mark F. Winn

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As discussed last month in this space, while the Legislative Session for 2023 concluded in midMay, the Governor in consultation with the House and Senate leadership “called” us back to session to resolve differences between the House and Senate on a handful of issues including bond reform and fentanyl trafficking as well as to finalize the budget. The House’s commitment to prioritizing public safety and the diligent work of the Judiciary Committee, which I chair yielded results. Lives will be saved and South Carolina will be a safer place to live, work and play as a result of the legislature’s activities this session. The Fentanyl Trafficking bill (H 3503) which was signed into law on June 17 establishes and enhances criminal penalties for fentanyl trafficking and possession. It provides a person in possession of 5 grams or more of fentanyl is subject to a mandatory minimum sentence of 7 years or more and establishes a possession with intent to distribute charge for a person with 2 grains of fentanyl (presumed to be dealing) with a first offense of up to 15 years, a second offense of a mandatory 5 years up to 30 and a subsequent offense mandatory 10 year sentence up to 30. The bill adds a simple possession charge starting with 2 grains with graduated penalties for first second and third offenses of up to 5, 10 and 15 years respectively. Finally, the bill prohibits persons convicted of certain drug offenses from possessing a firearm or ammunition.

On June 20, the Bond Reform bill (H3532) which amends a number of sections of existing law dealing with bonds, pretrial release, electronic monitoring, and related criminal proceedings was signed into law. The bill, aimed at stopping the revolving door at the courthouse, creates a new criminal offense with a sentence of up to 5 years when a person commits a violent crime while out on a bond for a previous offense and provides that a person must pay a 100% cash bond if the person commits a violent offense or felony firearm offense while already out on bond for a previous offense. Further, this bill provides that a person who commits a violent offense or felony firearm charge while out on bond for a previous violent offense or felony firearm charge must have an immediate bond revocation and a hearing on a new bond must be held within 30 days. The bill also creates a uniform electronic monitoring system and allows judges to order electronic monitoring in addition to bond if the judge finds that a victim may be in

Letter to the Editor

danger. Finally, the legislation requires bondsman to report violations of conditions of release within 48 hours subject to fines or suspension or revocation of the bondsman’s license for failure to do so.

On July, 12, the Governor held a ceremonial signing of the Ignition Interlock bill (S36) which expands “Emma’s Law”, the 2014 ignition interlock device law named after a 6 year old girl (Emma Longstreet) killed by a drunk driver on New Year’s day 2012. Now anyone convicted of driving under the influence in SC with a blood alcohol level (BAC) in excess of .08% will have to blow into a device installed in their vehicle proving they are sober in order for the vehicle to start; if any measurable of alcohol is detected the vehicle will not start. Previously the law applied to drunk driving convictions with a BAC .15% or higher or a second DUI offense. According to the SC Highway Patrol 1/3rd of the 1037 traffic fatalities last year were due to alcohol. These expansion of the use of these devices which stopped close to 25,000 vehicle starts in SC last year will make SC a safer place. It is an honor and privilege to serve in the House of Representatives. If I may be of service please do not hesitate to call on me.

Weston Newton is the representative for District 120 in the State House of Representatives. WestonNewton@ schouse.gov

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