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S*168 Session 119 (2011-2012)
S*0168(Rat #0262, Act #0225 of 2012) General Bill, By Shoopman, Verdin and
Leventis
AN ACT TO AMEND SECTION 16-11-580 , AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO PENALTIES FOR CUTTING, REMOVING, OR TRANSPORTING FOREST
PRODUCTS WITHOUT THE CONSENT OF THE LANDOWNER, SO AS TO REVISE THE PENALTIES
AND PROVIDE GRADUATED PENALTIES FOR FIRST AND SECOND OR SUBSEQUENT OFFENSES
BASED ON THE VALUE OF THE FOREST PRODUCTS. - ratified title
12/01/10 Senate Prefiled
12/01/10 Senate Referred to Committee on Agriculture and Natural
Resources
01/11/11 Senate Introduced and read first time (Senate Journal-page 80)
01/11/11 Senate Referred to Committee on Agriculture and Natural
Resources (Senate Journal-page 80)
01/12/12 Senate Committee report: Majority favorable with amend.,
minority unfavorable Agriculture and Natural
Resources (Senate Journal-page 8)
03/28/12 Senate Minority Report Removed (Senate Journal-page 39)
03/28/12 Senate Committee Amendment Amended and Adopted
(Senate Journal-page 39)
03/29/12 Senate Read second time (Senate Journal-page 16)
03/29/12 Senate Roll call Ayes-37 Nays-0 (Senate Journal-page 16)
03/29/12 Scrivener's error corrected
04/10/12 Senate Read third time and sent to House
(Senate Journal-page 14)
04/17/12 House Introduced and read first time (House Journal-page 7)
04/17/12 House Referred to Committee on Judiciary
(House Journal-page 7)
05/30/12 House Committee report: Favorable Judiciary
(House Journal-page 33)
06/05/12 House Read second time (House Journal-page 83)
06/05/12 House Roll call Yeas-111 Nays-0 (House Journal-page 83)
06/06/12 House Read third time and enrolled (House Journal-page 34)
06/12/12 Ratified R 262
06/18/12 Signed By Governor
06/20/12 Effective date 07/01/12
06/26/12 Act No. 225
S. 168
(A225, R262, S168)
AN ACT TO AMEND SECTION 16-11- 580, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR CUTTING, REMOVING, OR TRANSPORTING FOREST PRODUCTS WITHOUT THE CONSENT OF THE LANDOWNER, SO AS TO REVISE THE PENALTIES AND PROVIDE GRADUATED PENALTIES FOR FIRST AND SECOND OR SUBSEQUENT OFFENSES BASED ON THE VALUE OF THE FOREST PRODUCTS.
Be it enacted by the General Assembly of the State of South Carolina:
Forest products, unlawful cutting, destroying, or removing, penalties revised
SECTION 1. Section 16-11-580 of the 1976 Code, as last amended by Act 273 of 2004, is further amended to read:
"Section 16-11-580. (A) It is unlawful for a person to knowingly and wilfully:
(1) cut, destroy, or remove forest products without the consent of the landowner;
(2) aid, hire, or counsel another person to cut, destroy, or remove forest products without the consent of the landowner;
(3) obtain or acquire forest products under false pretenses or with fraudulent intent; or
(4) transport forest products if the person knows that the forest products have been cut, removed, obtained, or acquired from the property of a landowner in violation of the provisions of this subsection.
(B) If the value of the forest products is one thousand dollars or less, a person who violates the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction:
(1) for a first offense, must be fined not more than fifteen hundred dollars or imprisoned for not more than thirty days, or both; and
(2) for a second or subsequent offense, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned for not more than sixty days, or both.
(C) If the value of the forest products is more than one thousand dollars but less than five thousand dollars, a person who violates the provisions of subsection (A):
(1) for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not less than five thousand dollars and not more than ten thousand dollars or imprisoned for not more than five years, or both; and
(2) for a second or subsequent offense, is guilty of a felony and, upon conviction, must be fined not less than ten thousand dollars and not more than twenty thousand dollars or imprisoned for not more than ten years.
(D) If the value of the forest products is five thousand dollars or more, a person who violates the provisions of subsection (A):
(1) for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not less than ten thousand dollars and not more than twenty thousand dollars or imprisoned for not more than ten years, or both; and
(2) for a second or subsequent offense, is guilty of a felony and, upon conviction, must be fined not less than ten thousand dollars and not more than twenty thousand dollars or imprisoned for not more than ten years.
(E) As used in this section, 'forest products' include, but are not limited to, timber, trees, logs, lumber, or pine straw or any other products in the forest, whether merchantable or nonmerchantable, and which are located on any land in this State, whether publicly or privately owned."
Savings clause
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
Time effective
SECTION 3. This act takes effect July 1, 2012.
Ratified the 12th day of June, 2012.
Approved the 18th day of June, 2012.
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