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Current Status Bill Number:View additional legislative information at the LPITS web site.3794 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20010322 Primary Sponsor:Freeman All Sponsors:Freeman, Sharpe, Jennings, Lucas and Sheheen Drafted Document Number:l:\council\bills\swb\5212djc01.doc Residing Body:House Current Committee:Agriculture, Natural Resources and Environmental Affairs Com 20 HANR Subject:Hunting or shooting from right-of-way of primary paved road in Game Zone No. 5; Fish and Game, Transportation Department History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20010322 Introduced, read first time, 20 HANR referred to Committee Versions of This Bill
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-91 SO AS TO PROHIBIT HUNTING ON, SHOOTING FROM, INTO, OR ACROSS THE RIGHT-OF-WAY OF A PRIMARY PAVED ROAD IN GAME ZONE 5, TO PROVIDE FOR THE MANNER IN WHICH LAW ENFORCEMENT OFFICERS MAY CHARGE A PERSON FOR A VIOLATION, AND TO PROVIDE PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 50 of the 1976 Code is amended by adding:
"Section 50-1-91. (A) For purposes of this section:
(1) 'Right-of-way' means an area maintained by the State, or by a county, municipality, or other political subdivision of the State, as a right-of-way for a primary paved road in this State.
(2) 'Weapon' means a firearm, archery equipment, or any other devise that shoots or hurls a bullet, missile, shot, or projectile of any sort.
(B) In Game Zone 5, except as otherwise provided by law, it is unlawful for a person to hunt on, or to shoot from, into, or across, the right-of-way of any primary paved road with a weapon. It is not unlawful for a person to recover or retrieve a dog from a right-of-way provided his weapon is in a vehicle. It is not unlawful for a person to release a dog on a right-of-way adjacent to land owned or leased by the person, or adjacent to land upon which the person has written permission to hunt in his possession, provided his weapon is completely unloaded, contains no shells or projectile of any sort, and is inaccessible in a vehicle. This section does not apply to law enforcement officers or military personnel acting in the performance of their duties, or to a person lawfully exercising the right of self-defense.
(C) A person violating this section is guilty of a misdemeanor and, upon conviction, in cases not involving personal injury or damage to property, must be fined not more than five hundred dollars or imprisoned for not more than thirty days. In cases involving personal injury or damage to property, a person convicted of violating this section must be fined not more than five thousand dollars or imprisoned for not more than one year, or both. A person whose violation of this section results in the taking or loss of a human life must be prosecuted, if at all, as otherwise provided by law rather than under this section."
SECTION 2. The crime in Section 50-1-91 of the 1976 Code is added to the list of crimes in Section 56-7-10 of the 1976 Code for which the uniform traffic ticket is used and, appropriately numbered, to the list of crimes in Section 50-3-410, for which official summons are issued. A law enforcement officer may charge a person subject to prosecution for a violation of Section 50-1-91 using either the uniform traffic ticket authorized by Section 56-7-10, or a summons ticket authorized by Section 50-3-410.
SECTION 3. This act takes effect upon approval by the Governor.
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