South Carolina General Assembly
119th Session, 2011-2012

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Bill 122

Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE REPORT

February 2, 2011

S. 122

Introduced by Senators Campsen, McConnell and Rose

S. Printed 2/2/11--S.

Read the first time January 11, 2011.

            

THE COMMITTEE ON FISH, GAME AND FORESTRY

To whom was referred a Bill (S. 122) 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, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, page 2, by striking lines 1-7 and inserting:

/    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."        /

Renumber sections to conform.

Amend title to conform.

RONNIE W. CROMER for Committee.

            

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.

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. Failure to report the incident or surrender the carcass is a misdemeanor and any person convicted may be fined up to two thousand dollars or imprisoned 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.

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