South Carolina General Assembly
122nd Session, 2017-2018

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Indicates Matter Stricken
Indicates New Matter

S. 176

STATUS INFORMATION

General Bill
Sponsors: Senator Sheheen
Document Path: l:\s-res\vas\004unma.eb.vas.docx

Introduced in the Senate on January 10, 2017
Introduced in the House on February 14, 2017
Last Amended on February 8, 2017
Currently residing in the House Committee on Judiciary

Summary: Aerial vehicle

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/13/2016  Senate  Prefiled
  12/13/2016  Senate  Referred to Committee on Corrections and Penology
   1/10/2017  Senate  Introduced and read first time (Senate Journal-page 94)
   1/10/2017  Senate  Referred to Committee on Corrections and Penology 
                        (Senate Journal-page 94)
   1/19/2017  Senate  Committee report: Favorable with amendment Corrections 
                        and Penology (Senate Journal-page 10)
   1/23/2017          Scrivener's error corrected
    2/1/2017  Senate  Committee Amendment Adopted (Senate Journal-page 29)
    2/1/2017  Senate  Amended (Senate Journal-page 29)
    2/1/2017  Senate  Read second time (Senate Journal-page 29)
    2/1/2017  Senate  Roll call Ayes-43  Nays-0 (Senate Journal-page 29)
    2/2/2017          Scrivener's error corrected
    2/8/2017  Senate  Amended (Senate Journal-page 15)
    2/8/2017  Senate  Read third time and sent to House 
                        (Senate Journal-page 15)
    2/8/2017  Senate  Roll call Ayes-41  Nays-0 (Senate Journal-page 15)
   2/14/2017  House   Introduced and read first time (House Journal-page 49)
   2/14/2017  House   Referred to Committee on Judiciary 
                        (House Journal-page 49)

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/13/2016
1/19/2017
1/23/2017
2/1/2017
2/2/2017
2/8/2017
2/9/2017

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

AS PASSED BY THE SENATE

February 8, 2017

S. 176

Introduced by Senator Sheheen

S. Printed 2/8/17--S.    [SEC 2/9/17 1:28 PM]

Read the first time January 10, 2017.

            

A BILL

TO AMEND CHAPTER 1, TITLE 24 OF THE 1976 CODE, RELATING TO THE DEPARTMENT OF CORRECTIONS, BY ADDING SECTION 24-1-300, TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE AN UNMANNED AERIAL VEHICLE WITHIN A CERTAIN DISTANCE OF A DEPARTMENT OF CORRECTIONS FACILITY WITHOUT WRITTEN CONSENT, AND TO PROVIDE PENALTIES FOR THE VIOLATION.

Amend Title To Conform

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

SECTION    1.    Chapter 1, Title 24 of the 1976 Code is amended by adding:

"Section 24-1-300.    (A)    A person shall not operate an unmanned aerial vehicle within a horizontal distance of five hundred feet or a vertical distance of two hundred fifty feet from any Department of Corrections facility without written consent from the Director of the Department of Corrections.

(B)    A person who violates this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.

(C)(1)    In addition to the penalty provided in this section, an unmanned aerial vehicle involved in the violation of this section may be confiscated by the Department of Corrections. An unmanned aerial vehicle must not be disposed of in any manner until the results of any legal proceeding in which it may be involved are finally determined, or as otherwise required by Section 17-28-300, et seq. Records must be kept of all confiscated unmanned aerial vehicles received by the Department of Corrections under the provisions of this section. Upon conviction, pursuant to a violation of this section, the relevant unmanned aerial vehicle shall be transferred to the State Law Enforcement Division to use within the agency for any lawful purpose or for destruction, unless otherwise provided in this section.

(2)    Any unmanned aerial vehicle confiscated pursuant to this section shall be administratively released to an innocent owner. The unmanned aerial vehicle must not be released to the innocent owner until the results of any legal proceedings in which the unmanned aerial vehicle may be involved are finally determined, or as otherwise required by Section 17-28-300, et seq. Before the unmanned aerial vehicle may be released, the innocent owner shall provide the Department of Corrections with proof of ownership; shall certify that the innocent owner neither was a consenting party to nor had knowledge of the use of the unmanned aerial vehicle that made it subject to confiscation; and shall certify that the innocent owner will not release the unmanned aerial vehicle to the person who was charged with the violation of this section that resulted in the confiscation of the unmanned aerial vehicle. The Department of Corrections shall notify the innocent owner when the unmanned aerial vehicle is available for release. If the innocent owner fails to recover the unmanned aerial vehicle within thirty days after notification of the release, the Department of Corrections may use the unmanned aerial vehicle within the agency for any lawful purpose or destroy it."

SECTION    2.    Article 1, Chapter 5, Title 24 of the 1976 Code is amended by adding:

"Section 24-5-175.    (A)    A person shall not operate an unmanned aerial vehicle within a horizontal distance of five hundred feet or a vertical distance of two hundred fifty feet from any local detention facility without written consent from the jail administrator.

(B)    A person who violates this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.

(C)(1)    In addition to the penalty provided in this section, an unmanned aerial vehicle involved in the violation of this section may be confiscated by the jail administrator of a local detention facility. An unmanned aerial vehicle must not be disposed of in any manner until the results of any legal proceeding in which it may be involved are finally determined, or as otherwise required by Section 17-28-300, et seq. Records must be kept of all confiscated unmanned aerial vehicles received by the jail administrator under the provisions of this section. Upon conviction, pursuant to a violation of this section, the relevant unmanned aerial vehicle shall be transferred to the South Carolina Law Enforcement Division to use within the agency for any lawful purpose or for destruction, unless otherwise provided in this section.

(2)    Any unmanned aerial vehicle confiscated pursuant to this section shall be administratively released to an innocent owner. The unmanned aerial vehicle must not be released to the innocent owner until the results of any legal proceedings in which the unmanned aerial vehicle may be involved are finally determined, or as otherwise required by Section 17-28-300, et seq. Before the unmanned aerial vehicle may be released, the innocent owner shall provide the jail administrator with proof of ownership; shall certify that the innocent owner neither was a consenting party to nor had knowledge of the use of the unmanned aerial vehicle that made it subject to the confiscation; and shall certify that the innocent owner will not release the unmanned aerial vehicle to the person who was charged with the violation of this section that resulted in the confiscation of the unmanned aerial vehicle. The jail administrator shall notify the innocent owner when the unmanned aerial vehicle is available for release. If the innocent owner fails to recover the unmanned aerial vehicle within thirty days after notification of the release, the local detention facility may use the unmanned aerial vehicle within the agency for any lawful purpose or destroy it."

SECTION    3.    This act takes effect upon approval by the Governor.

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This web page was last updated on February 15, 2017 at 9:25 AM