S.C. Sen. Tom Young looks to help South Carolina get tougher on fentanyl, gangs
Dec. 4—A member of the South Carolina Senate representing most of Aiken County wants the Palmetto State to get tougher on crime.
S.C. Sen. Tom Young, R-Aiken, pre-filed 10 bills Wednesday including one creating the crime of trafficking in fentanyl, creating the South Carolina Street Gang and Criminal Enterprise Prevention and Anti-Racketeering Act and establishing the South Carolina Hands-Free Act.
Fentanyl
There currently is no specific penalty for trafficking fentanyl in South Carolina. The crime is handled similarly to other opiates like heroin.
Fentanyl is a manmade opioid up to 50 times stronger than morphine, according to the Drug Enforcement Agency. It was developed to manage the pain of cancer patients through a patch on the skin. It provides an intense short-term high with temporary feelings of euphoria. Additional effects include slowed respiration and reduced blood pressure, nausea, fainting, seizures and death. Fentanyl made for abusive purposes is primarily made in Mexico.
The South Carolina Department of Health and Environmental Control said opioid overdoses had increased from 876 in 2019 to 1,400 in 2020. Fentanyl was involved in 79% of overdose deaths and the number of fentanyl induced deaths rose 105% from 2019 to 2020, the agency said.
Young's bill establishes the crime of trafficking in fentanyl for people in possession of more than four grams.
A person possessing four to 14 grams would face between 10-25 years in prison — no part of which can be suspended — and a $50,000 fine.
A person convicted of a second or subsequent offense of possessing four to 14 grams faces a mandatory minimum of 25 years in prison (none of which can be suspended) and a $100,000 fine.
A person convicted of possessing 14-28 grams of fentanyl faces 25 years in prison (none of which can be suspended) and a $200,000 fine.
A person convicted of possessing more than 28 grams faces between 25-40 years in prison (none of which) can be suspended and a $200,000 fine.
The bill, which has been referred to the Judiciary Committee, also adds fentanyl to the list of substances a person can fined for possessing.
Young said he would co-sponsor a bill introduced by Senate President Thomas Alexander, R-Oconee, and Ross Turner, R-Greenville, that establishes drug induced homicide as a crime.
Street Gangs
South Carolina does not have a statute to address racketeering and criminal gang behavior, Young said. He said law enforcement agencies have asked the General Assembly for help.
"This bill is intended to give law enforcement members the tools that they need to prosecute and punish criminal gangs and their members," Young said.
He added Tennessee, North Carolina and Georgia all have similar bills.
The bill has been referred to the Judiciary Committee.
Hands-Free Act
The Hands-free act is a reintroduction of sorts for Young.
He introduced a similar bill in 2021 that would make it a crime for people to hold their phone while driving, making the use of technology such as Bluetooth the only legal way to use one's phone while driving.
The bill, amended and passed the Senate, didn't move forward in the House.
Young said the bill uses the same language as passed by the Senate last session and that S.C. Rep. Bill Taylor, R-Aiken, will be introducing a bill with the exact same language in the House next week.
The bill has been referred to the Transportation Committee.
Other bills
Young also introduced a bill that would add an an exception to the prohibition on the use of hearsay (statements made to a person that the person making them can't verify) for children's statements made at child advocacy centers.
He said child advocacy centers throughout the state have pressed for the bill for years and he had introduced a similar bill last session.
The bill has been referred to the Judiciary Committee.
Young also introduced three governmental accountability bills, two utility company bills and one education bill.
The bills would:
* require elected officials and candidates for elected offices to provide bank statements to the relevant ethics agency for verifying quarterly fundraising reports.
* require the budget created by the governor's office to include fund balances and unspent funds of state agencies
* limit the amount of time a magistrate can serve after his term expires to 14 days and allow the governor to appoint temporary magistrates during vacancies.
* change how natural gas companies can set their rates
* prohibit electric and gas utilities from selling customer information without permission.
* allow students at smaller private schools to play sports at public schools when the school they attend does not offer the sport they wish to play.
S.C. Sen. Nikki Setzler, D-Lexington, whose district includes most of the northside of Aiken and northern Aiken County, pre-filed one bill.
S.B. 2 would require "quasi-state agencies" to provide financial information, operating plans, bonding information and real estate transactions to the Senate Finance and House Ways and Means Committees.
The bill was referred to the Senate Finance Committee.
Senate Majority Leader Shane Massey, R-Edgefield, who represent Midland Valley, did not pre-file any bills Wednesday.
Another Senate pre-filing session is scheduled for Dec. 7. Members of the House can pre-file bills on Dec. 8 and 15.
The 125th session of the South Carolina General Assembly will begin on Tuesday Jan. 10.
