H*3514 Session 105 (1983-1984)
H*3514(Rat #0361, Act #0328 of 1984) General Bill, By
House Agriculture and Natural Resources
A Bill to amend Sections 50-11-20, 50-11-25, and 50-11-2090, as amended, Code
of Laws of South Carolina, 1976, and Act 401 of 1978, as amended, relating to
night hunting generally and night hunting for deer and the imposition of
points under the point system for violations involving night hunting for deer,
so as to provide that the provisions of the statutes shall apply to night
hunting for bear.
02/14/84 House Introduced, read first time, placed on calendar
without reference HJ-890
02/16/84 House Read second time HJ-929
02/17/84 House Read third time and sent to Senate HJ-941
02/21/84 Senate Introduced and read first time SJ-702
02/21/84 Senate Referred to Committee on Fish, Game and Forestry SJ-702
03/20/84 Senate Committee report: Favorable Fish, Game and
Forestry SJ-1087
03/22/84 Senate Read second time SJ-1146
03/27/84 Senate Read third time and enrolled SJ-1190
04/05/84 Ratified R 361
04/06/84 Signed By Governor
04/06/84 Effective date 04/06/84
04/06/84 Act No. 328
04/17/84 Copies available
(A328, R361, H3514)
AN ACT TO AMEND SECTIONS 50-11-20, 50-11-25, AND 50-11-2090, AS AMENDED,
CODE
OF LAWS OF SOUTH CAROLINA, 1976, AND ACT 401 OF 1978, AS AMENDED,
RELATING TO
NIGHT HUNTING GENERALLY AND NIGHT HUNTING FOR DEER AND THE
IMPOSITION OF POINTS
UNDER THE POINT SYSTEM FOR VIOLATIONS INVOLVING NIGHT HUNTING FOR
DEER, SO AS TO
PROVIDE THAT THE PROVISIONS OF THE STATUTES SHALL APPLY TO NIGHT
HUNTING FOR
BEAR.
Be it enacted by the General Assembly of the State of South Carolina:
Prima facie evidence
SECTION 1. The second paragraph of Section 50-11-20 of the 1976 Code is amended
to read:
"The use at night of artificial lights, except vehicle headlights while
traveling in a normal manner on a public road or highway, while in possession of
or with immediate access to both ammunition of a type prohibited for use at night
by this section and a weapon capable of firing such ammunition shall constitute
prima facie evidence of night deer or bear hunting."
Penalties
SECTION 2. Section 50-11-25, added to the 1976 Code by Act 602 of 1978, is
amended to read:
"Section 50-11-25. Notwithstanding the provisions of Section 50-11-20,
which provides penalties for night hunting generally, any person convicted of the
crime of night hunting for deer or bear must (1) for a first offense be fined not
more than two thousand five hundred dollars or imprisoned as provided in Section
50-11-20; (2) for a second offense within two years of the first conviction be
fined not less than five hundred dollars nor more than two thousand five hundred
dollars or imprisoned as provided for a first offense; (3) for a third or
subsequent offense within two years of a conviction for a second or subsequent
offense be fined not less than six hundred dollars nor more than three thousand
dollars or imprisoned as provided for a first offense."
Vehicle etc. forfeited and confiscated
SECTION 3. Section 50-11-2090 of the 1976 Code, as last amended by Act 462 of
1982, is further amended to read:
"Section 50-11-2090. Every vehicle, boat, animal, and firearm used in the
hunting of deer or bear at night is hereby declared forfeited to the State and
must be confiscated by any peace officer, who shall forthwith deliver it to the
Director of the Division of Game or his duly authorized agent.
The term 'hunting' as used in this section in reference to a vehicle or boat
shall include the transportation of a hunter to or from the place of hunting and
the transportation of the carcass, or any part thereof, of a deer or bear which
has been unlawfully killed at night.
For purposes of this section a conviction for unlawfully hunting deer or bear
at night is conclusive as against any convicted owner of the above mentioned
property.
In all other instances forfeiture must be accomplished by the initiation by the
State of an action in the circuit court in the county in which the property was
seized giving notice to owners of record and lienholders of record or other
persons having claimed an interest in the property subject to forfeiture and an
opportunity to appear and show, if they can, why the property should not be
forfeited and disposed of as provided for by this section. Failure of any person
claiming an interest in the property to appear at the above proceeding after have
been given notice thereof, shall constitute a waiver of his claim and the
property must be immediately forfeited to the State.
Notice of the above proceedings must be accomplished by: (a) personal service
of the owner of record or lienholder of record by certified copy of the petition
or notice of hearing or (b) in the case of property for which there is no owner
or lienholder of record, publication of notice in a newspaper of local
circulation in the county where the property was seized for a period of at least
two successive weeks before the hearing.
Property constituted forfeited property by this section must be sold under the
same procedure prescribed in Section 50-11-2080."
Hunting bears added to violations
SECTION 4. Item (b) of Subsection 2. HUNTING VIOLATIONS, of Section 1 of Act
401 of 1978 is amended to read:
"(b) Night hunting deer or bear...................18".
Time effective
SECTION 5. This act shall take effect upon approval by the Governor. |