S 0122 General Bill, By Campsen, McConnell, Rose and Fair
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 50-11-108 SO AS TO PROVIDE THAT A PERSON MAY USE A FIREARM TO KILL OR ATTEMPT
 TO KILL ANY ANIMAL DURING ANY SEASON IN SELF-DEFENSE, DEFENSE OF ANOTHER, OR
 DEFENSE OF DOMESTIC ANIMALS, AND TO PROVIDE THAT A PERSON WHO USES DEADLY
 FORCE AGAINST A BIG GAME ANIMAL OR ALLIGATOR MUST REPORT THE INCIDENT TO THE
 DEPARTMENT OF NATURAL RESOURCES, TO PROVIDE THAT CERTAIN ANIMAL CARCASSES
 TAKEN PURSUANT TO THIS SECTION MAY NOT BE RETAINED, AND TO PROVIDE A PENALTY
 FOR FAILURE TO REPORT THE INCIDENT OR SURRENDER THE CARCASS.

   12/01/10  Senate Prefiled
   12/01/10  Senate Referred to Committee on Fish, Game and Forestry
   01/11/11  Senate Introduced and read first time (Senate Journal-page 58)
   01/11/11  Senate Referred to Committee on Fish, Game and Forestry
                     (Senate Journal-page 58)
   02/02/11  Senate Committee report: Favorable with amendment Fish,
                     Game and Forestry (Senate Journal-page 15)
   02/16/11  Senate Committee Amendment Adopted (Senate Journal-page 21)
   02/17/11         Scrivener's error corrected

COMMITTEE AMENDMENT ADOPTED

February 16, 2011

S. 122

S. Printed 2/16/11--S.    [SEC 2/17/11 11:50 AM]

Read the first time January 11, 2011.

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-108 SO AS TO PROVIDE THAT A PERSON MAY USE A FIREARM TO KILL OR ATTEMPT TO KILL ANY ANIMAL DURING ANY SEASON IN SELF-DEFENSE, DEFENSE OF ANOTHER, OR DEFENSE OF DOMESTIC ANIMALS, AND TO PROVIDE THAT A PERSON WHO USES DEADLY FORCE AGAINST A BIG GAME ANIMAL OR ALLIGATOR MUST REPORT THE INCIDENT TO THE DEPARTMENT OF NATURAL RESOURCES, TO PROVIDE THAT CERTAIN ANIMAL CARCASSES TAKEN PURSUANT TO THIS SECTION MAY NOT BE RETAINED, AND TO PROVIDE A PENALTY FOR FAILURE TO REPORT THE INCIDENT OR SURRENDER THE CARCASS.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Article 1, Chapter 11, Title 50 of the 1976 Code is amended by adding:

"Section 50-11-108.    (A)    A person may use a firearm if he is not prohibited by law from possessing a firearm, or may use any other deadly weapon at any time and during any season to kill or attempt to kill any animal if the person reasonably concludes it is necessary for the purpose of:

(1)    self-defense;

(2)    defense of another person; or

(3)    defense of domestic animals.

(B)    Any person who uses deadly force against a big game animal or alligator in defense of persons or domestic animals as provided for in this section immediately must report the incident to the Department of Natural Resources. No big game animal or alligator taken as provided for in this section may be retained, by the person or persons taking the big game animal or alligator. The big game animal or alligator carcass must be surrendered to the Department of Natural Resources. Failure to report the incident or surrender the carcass is a misdemeanor and, upon conviction, may be fined up to two thousand dollars or imprisoned for up to one year, or both. Notwithstanding this section, all other laws protecting and regulating taking of big game and alligators shall apply."

SECTION    2.    This act takes effect upon approval by the Governor.