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H*3451 Session 120 (2013-2014)
H*3451(Rat #0097, Act #0078 of 2013) General Bill, By Tallon, Cole, Forrester,
Kennedy, Murphy, Pope, Rutherford and Weeks
AN ACT TO AMEND SECTION 56-7-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE OFFENSES THAT A PERSON MAY BE CHARGED ON A UNIFORM
TRAFFIC TICKET, SO AS TO PROVIDE THAT THE OFFENSES OF SHOPLIFTING AND CRIMINAL
DOMESTIC VIOLENCE FIRST OFFENSE AND SECOND OFFENSE MUST BE CHARGED ON A
UNIFORM TRAFFIC TICKET, AND THAT A UNIFORM TRAFFIC TICKET MAY BE USED IN AN
ARREST FOR CERTAIN MISDEMEANOR OFFENSES UNDER THE JURISDICTION OF THE
MAGISTRATE COURT; AND TO AMEND SECTION 56-7-15, AS AMENDED, RELATING TO THE
USE OF THE UNIFORM TRAFFIC TICKET BY A LAW ENFORCEMENT OFFICER TO MAKE AN
ARREST, SO AS TO PROVIDE THAT THE OFFENSE MUST HAVE BEEN FRESHLY COMMITTED OR
IS COMMITTED IN THE PRESENCE OF A LAW ENFORCEMENT OFFICER, AND TO PROVIDE THAT
THIS PROVISION ALSO APPLIES TO THE ARREST OF A PERSON WHO IS CHARGED WITH
SHOPLIFTING. - ratified title
01/30/13 House Introduced and read first time (House Journal-page 3)
01/30/13 House Referred to Committee on Judiciary
(House Journal-page 3)
02/27/13 House Committee report: Favorable with amendment
Judiciary (House Journal-page 80)
03/06/13 House Amended (House Journal-page 50)
03/06/13 House Read second time (House Journal-page 50)
03/06/13 House Roll call Yeas-114 Nays-0 (House Journal-page 53)
03/07/13 House Read third time and sent to Senate
(House Journal-page 22)
03/07/13 Senate Introduced and read first time (Senate Journal-page 11)
03/07/13 Senate Referred to Committee on Judiciary
(Senate Journal-page 11)
03/07/13 Scrivener's error corrected
04/23/13 Senate Referred to Subcommittee: Thurmond (ch),
McElveen, Turner
05/23/13 Senate Polled out of committee Judiciary
(Senate Journal-page 9)
05/23/13 Senate Committee report: Favorable Judiciary
(Senate Journal-page 9)
05/29/13 Senate Amended (Senate Journal-page 45)
05/29/13 Senate Read second time (Senate Journal-page 45)
05/29/13 Senate Roll call Ayes-42 Nays-0 (Senate Journal-page 45)
05/30/13 Senate Read third time and returned to House with
amendments (Senate Journal-page 16)
06/04/13 House Concurred in Senate amendment and enrolled
(House Journal-page 30)
06/04/13 House Roll call Yeas-102 Nays-0 (House Journal-page 30)
06/11/13 Ratified R 97
06/13/13 Signed By Governor
06/20/13 Effective date 06/13/13
06/24/13 Act No. 78
H. 3451
(A78, R97, H3451)
AN ACT TO AMEND SECTION 56-7-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSES THAT A PERSON MAY BE CHARGED ON A UNIFORM TRAFFIC TICKET, SO AS TO PROVIDE THAT THE OFFENSES OF SHOPLIFTING AND CRIMINAL DOMESTIC VIOLENCE FIRST OFFENSE AND SECOND OFFENSE MUST BE CHARGED ON A UNIFORM TRAFFIC TICKET, AND THAT A UNIFORM TRAFFIC TICKET MAY BE USED IN AN ARREST FOR CERTAIN MISDEMEANOR OFFENSES UNDER THE JURISDICTION OF THE MAGISTRATES COURT; AND TO AMEND SECTION 56-7-15, AS AMENDED, RELATING TO THE USE OF THE UNIFORM TRAFFIC TICKET BY A LAW ENFORCEMENT OFFICER TO MAKE AN ARREST, SO AS TO PROVIDE THAT THE OFFENSE MUST HAVE BEEN FRESHLY COMMITTED OR IS COMMITTED IN THE PRESENCE OF A LAW ENFORCEMENT OFFICER, AND TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO THE ARREST OF A PERSON WHO IS CHARGED WITH SHOPLIFTING.
Be it enacted by the General Assembly of the State of South Carolina:
Uniform traffic ticket
SECTION 1. Section 56-7-10 of the 1976 Code, as last amended by Act 68 of 2005, is further amended to read:
"Section 56-7-10. (A) There will be a uniform traffic ticket used by all law enforcement officers in arrests for traffic offenses and for the following additional offenses:
Offense Citation
Interfering with Police Officer
Serving Process Section 16-5-50
Dumping Trash on
Highway/Private Property Section 16-11-700
Indecent Exposure Section 16-15-130
Disorderly Conduct Section 16-17-530
Damaging Highway Section 57-7-10
Place Glass, Nails, Etc. on Highway Section 57-7-20
Obstruction of Highway by
Railroad Cars, Etc. Section 57-7-240
Signs Permitted on Interstate Section 57-25-140
Brown Bagging Section 61-5-20
Drinking Liquors in Public Conveyance Section 61-13-360
Poles Dragging on Highway Section 57-7-80
Open Container Section 61-9-87
Purchase or Possession of Beer or Wine
by a Person Under Age Section 63-19-2440
Purchase or Possession of Alcoholic
Liquor by a Person
Under Age Twenty-One Section 63-19-2450
Unlawful Possession and Consumption of
Alcoholic Liquors Section 61-5-30
Sale of Beer or Wine on Which Tax
Has Not Been Paid Section 61-9-20
Falsification of Age to Purchase
Beer or Wine Section 61-9-50
Unlawful Purchase of Beer or Wine for
a Person Who Cannot Legally Buy Section 61-9-60
Unlawful Sale or Purchase of Beer
or Wine, Giving False
Information as to Age, Buying Beer
or Wine Unlawfully for Another Section 61-9-85
Employment of a Person Under the
Age of Twenty-One as an Employee
in Retail orWholesale or Manufacturing
Liquor Business Section 61-13-340
Failure to Remove Doors from
Abandoned Refrigerators Section 16-3-1010
Malicious Injury to Animals
or Personal Property Section 16-11-510
Timber, Logs, or Lumber Cutting,
Removing, Transporting
Without Permission, Valued at
Less Than Fifty Dollars Section 16-11-580
Littering Section 16-11-700
Larceny of a Bicycle Valued at
Less Than One Hundred Dollars Section 16-13-80
Shoplifting Section 16-13-110
Cock Fighting Section 16-17-650
Ticket Scalping Section 16-17-710
Criminal Domestic Violence,
First Offense and Second Offense Section 16-25-20
(B)(1) and (2)
Glue Sniffing Section 44-53-1110
Trespassing Section 16-11-755
Trespassing Section 16-11-600
Trespassing Section 16-11-610
Trespassing Section 16-11-620
Negligent Operation of Watercraft;
Operation of Watercraft
While Under Influence
of Alcohol or Drugs Section 50-21-110
Negligence of Boat Livery to Provide
Proper Equipment and Registration Section 50-21-120
Interference with Aids to Navigation or
Regulatory Markers or Operation
of Watercraft in Prohibited Area Section 50-21-170
Operation of Watercraft Without
a Certificate of Title Section 50-23-190
Parking on private property
without permission Section 16-11-760
Certificate of Veterinary Inspection;
Requirement for Out-of-State
Livestock or Poultry Section 47-4-60
Inhibition of Livestock Inspection Section 47-4-120
Imported Swine Section 47-6-50
Operating Equine Sales Facility
or Livestock Market Without Permit Section 47-11-20
Liability of Person Removing Livestock
for Slaughter Section 47-11-120
Notice to Disinfect Section 47-13-310
Quarantine of Livestock or Poultry Section 47-4-70
Unlawful for Horse to Enter State
Unless Tested Section 47-13-1350
Quarantine of Exposed Horses Section 47-13-1360
Proof of Test Required for Public Assembly
of Horses Section 47-13-1370
False Certificates Section 47-13-1390
Unlawful to Feed Garbage to Swine Section 47-15-20
Notification Required from Certain
Persons Disposing of Garbage Section 47-15-40
Sale of Uninspected Meat and
Meat Products Section 47-17-60
Sale of Uninspected Poultry and
Poultry Product Section 47-19-70
(B) In addition to the offenses contained in subsection (A), a uniform traffic ticket may be used in an arrest for a misdemeanor offense within the jurisdiction of magistrates court that has been freshly committed or is committed in the presence of a law enforcement officer.
(C) No other ticket may be used for these offenses. The service of the uniform traffic ticket shall vest all traffic, recorders', and magistrates' courts with jurisdiction to hear and to dispose of the charge for which the ticket was issued and served. This ticket will be designed by the department and approved by the Attorney General within thirty days of submission by the department. A law enforcement agency may utilize computers and other electronic devices to issue uniform traffic citations and store information resulting from the issuance of a traffic citation if this method of issuing a citation has been approved by the Department of Public Safety."
Uniform traffic ticket
SECTION 2. Section 56-7-15 of the 1976 Code, as last amended by Act 166 of 2005, is further amended to read:
"Section 56-7-15. (A) The uniform traffic ticket, established pursuant to the provisions of Section 56-7-10, may be used by law enforcement officers to arrest a person for an offense that has been freshly committed or is committed in the presence of a law enforcement officer if the punishment is within the jurisdiction of magistrates court and municipal court. A law enforcement agency processing an arrest made pursuant to this section must furnish the information to the State Law Enforcement Division as required in Chapter 3, Title 23.
(B) An officer who effects an arrest, by use of a uniform traffic ticket, for a violation of Chapter 25, Title 16 or Section 16-13-110 shall complete and file an incident report immediately following the issuance of the uniform traffic ticket."
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 11th day of June, 2013.
Approved the 13th day of June, 2013.
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