S 933 Session 109 (1991-1992)
S 0933 General Bill, By Drummond
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
50-11-735 so as to provide for disposition of forfeited property; to amend
Section 50-11-540, relating to penalties for violations pertaining to turkey
hunting, so as to increase penalties and revise the forfeiture provisions; to
amend Section 50-11-710, relating to night hunting, so as to change the
reference to "larger" to "a greater caliber" and provide for a confiscation,
forfeiture, and sale penalty; to amend Section 50-11-730, relating to hunting,
shooting, or killing deer from a water conveyance so as to change the
references to "shoot" and "kill" to "take" and "attempt to take" and provide a
procedure for forfeiture and disposition of property; to amend Section
50-11-740, relating to the confiscation, forfeiture, and disposition of
property used in the hunting of deer or bear at night, so as to revise the
forfeiture provisions; to amend Section 50-13-1196, relating to the
confiscation of property used in a violation of provisions protecting fish, so
as to change the reference to the Section pertaining to the sale of the
property; to amend Section 50-17-615, relating to the lawful area and time to
trawl for shrimp or prawn, so as to revise the reference to the areas always
closed to trawling; to amend Section 50-17-650, relating to the penalties for
shrimp trawling violations, so as to provide a procedure for forfeiture and
disposition of property; and to amend Section 50-19-2220, relating to
violations for rifle use for certain waters of the Savannah River so as to
change the reference to the Section pertaining to sale of confiscated rifles.
04/25/91 Senate Introduced and read first time SJ-14
04/25/91 Senate Referred to Committee on Fish, Game and Forestry SJ-14
03/03/92 Senate Committee report: Favorable with amendment Fish,
Game and Forestry SJ-10
03/05/92 Senate Read second time SJ-19
03/05/92 Senate Ordered to third reading with notice of
amendments SJ-19
03/12/92 Senate Amended SJ-25
03/12/92 Senate Read third time and sent to House SJ-28
03/12/92 Senate Reconsidered SJ-29
03/17/92 Senate Amended SJ-10
03/18/92 Senate Amended SJ-28
03/18/92 Senate Read third time and sent to House SJ-30
03/19/92 House Introduced and read first time HJ-9
03/19/92 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-10
Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
March 18, 1992
S. 933
Introduced by SENATOR Drummond
S. Printed 3/18/92--S.
Read the first time April 25, 1991.
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 50-11-735 SO AS TO PROVIDE FOR
DISPOSITION OF FORFEITED PROPERTY; TO AMEND SECTION
50-11-540, RELATING TO PENALTIES FOR VIOLATIONS
PERTAINING TO TURKEY HUNTING, SO AS TO INCREASE
PENALTIES AND REVISE THE FORFEITURE PROVISIONS; TO
AMEND SECTION 50-11-710, RELATING TO NIGHT HUNTING,
SO AS TO CHANGE THE REFERENCE TO "LARGER"
TO "A GREATER CALIBER" AND PROVIDE FOR A
CONFISCATION, FORFEITURE, AND SALE PENALTY; TO
AMEND SECTION 50-11-730, RELATING TO HUNTING,
SHOOTING, OR KILLING DEER FROM A WATER CONVEYANCE
SO AS TO CHANGE THE REFERENCES TO "SHOOT"
AND "KILL" TO "TAKE" AND
"ATTEMPT TO TAKE" AND PROVIDE A PROCEDURE
FOR FORFEITURE AND DISPOSITION OF PROPERTY; TO
AMEND SECTION 50-11-740, RELATING TO THE
CONFISCATION, FORFEITURE, AND DISPOSITION OF
PROPERTY USED IN THE HUNTING OF DEER OR BEAR AT
NIGHT, SO AS TO REVISE THE FORFEITURE PROVISIONS; TO
AMEND SECTION 50-13-1196, RELATING TO THE
CONFISCATION OF PROPERTY USED IN A VIOLATION OF
PROVISIONS PROTECTING FISH, SO AS TO CHANGE THE
REFERENCE TO THE SECTION PERTAINING TO THE SALE OF
THE PROPERTY; TO AMEND SECTION 50-17-615, RELATING TO
THE LAWFUL AREA AND TIME TO TRAWL FOR SHRIMP OR
PRAWN, SO AS TO REVISE THE REFERENCE TO THE AREAS
ALWAYS CLOSED TO TRAWLING; TO AMEND SECTION
50-17-650, RELATING TO THE PENALTIES FOR SHRIMP
TRAWLING VIOLATIONS, SO AS TO PROVIDE A PROCEDURE
FOR FORFEITURE AND DISPOSITION OF PROPERTY; AND TO
AMEND SECTION 50-19-2220, RELATING TO VIOLATIONS FOR
RIFLE USE FOR CERTAIN WATERS OF THE SAVANNAH RIVER
SO AS TO CHANGE THE REFERENCE TO THE SECTION
PERTAINING TO SALE OF CONFISCATED RIFLES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 50-11-735. (A) For purposes of this section, a
conviction for unlawfully taking, attempting to take, or possessing
wildlife is conclusive against the owner of property subject to forfeiture.
(B) Forfeited property not claimed or redeemed as provided in this
section may be retained by the department for official use, transferred to
other governmental agencies for official use, sold at public auction, or
disposed of according to law.
(C) If the department sells forfeited property, the sale must be at
public auction for cash to the highest bidder at a public place in the
county where the property was seized. Before the sale, the department
shall give at least thirty days notice to the former owner of the property
subject to forfeiture by certified mail and to the public by posting an
advertisement of the sale at the county courthouse and by publishing the
advertisement at least once in a newspaper of general circulation in the
county. Upon sale, the department first shall satisfy costs and expenses
of the seizure, advertisement, and sale including, but not limited to,
expenses incurred for the storage of the forfeited property. The net
proceeds must be placed on deposit with the State Treasurer and credited
to the game protection fund.
(D) When forfeited property is valued at one thousand dollars or
more, the former owner may redeem it by paying one thousand dollars
to the department within thirty days after conviction. When forfeited
property is valued at less than one thousand dollars, the former owner
may redeem it by paying to the department the fair market value of the
property within thirty days after conviction. The amounts received by
the department must be placed on deposit with the State Treasurer and
credited to the game protection fund.
(E) When the department seizes property subject to forfeiture, the
owner may redeem it before trial by paying to the department the fair
market value of the property or one thousand dollars, whichever is less,
if the property is not being held as evidence. Upon conviction, the
amount received by the department must be placed on deposit with the
State Treasurer and credited to the game protection fund. If there is no
conviction, the amount received must be returned to the owner.
(F) When the department seizes property subject to forfeiture and
which is subject to a lien of record, it shall ascertain the fair market
value of the property. Upon conviction of the owner, an innocent
lienholder of record may claim the property upon proof of his status.
The person convicted shall pay the department the fair market value of
the property not to exceed one thousand dollars an item. Upon payment,
the property must be relinquished to the innocent lienholder of record.
The amount received by the department must be placed on deposit with
the State Treasurer and credited to the game protection fund.
(G) If property is seized pursuant to this section and an innocent
person other than an innocent lienholder of record proves ownership in
the property, the department shall ascertain the fair market value of the
property. Upon conviction of the person from whom the property was
seized, the innocent person may claim the property upon proof of his
status, and the department immediately shall relinquish the property to
the innocent owner. The person convicted shall pay the department the
fair market value of the property not to exceed one thousand dollars an
item. The amount received by the department must be placed on deposit
with the State Treasurer and credited to the game protection fund.
(H) If property is seized pursuant to this section and an innocent
person other than an innocent lienholder of record proves ownership in
the property, the department shall ascertain the fair market value of the
property. If the property is not being held as evidence, the department
immediately shall relinquish the property to the innocent owner. Upon
conviction of the person from whom the property was seized, he shall
pay the department the fair market value of the property not to exceed
one thousand dollars an item. The amount received by the department
must be placed on deposit with the State Treasurer and credited to the
game protection fund.
(I) The division shall maintain a permanent record of all
property recovered pursuant to this section which shall list the property
recovered, the disposition of such property, and the date of the
disposition."
SECTION 2. Section 50-11-540 of the 1976 Code is amended to read:
"Section 50-11-540. (A) Any A
person taking, attempting to take, or having in his possession turkey
illegally or taking, attempting to take, or killing turkey in any
a way not prescribed by the commission within the scope
of the commission's statutory authority is guilty of a misdemeanor
and, upon conviction, must be fined not less than fifty dollars nor
more than one two hundred dollars or imprisoned
for not more than thirty days. Every vehicle, boat, animal,
firearm, or other equipment used in hunting turkeys in violation of
Sections 50-11-500, 50-11-510, 50-11-520, and
50-11-530 or in the possession of persons convicted of violations
a violation at the time of the violations
violation is must be forfeited to the State and
may be confiscated by any a peace officer who shall
deliver the items to the department or its designated agent pending
disposition of the case.
(B) For purposes of this section, a conviction for
unlawfully hunting turkeys is conclusive as against any
a convicted owner of the above mentioned property
in this section, and devices confiscated must be ordered
forfeited.
In all other instances forfeiture is 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 having been given notice of the
proceeding constitutes a waiver of his claim and the property is forfeited
immediately to the State.
Notice of the above proceedings is 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 at least two successive weeks before the hearing.
(C) Property constituted forfeited property by this section
must be sold disposed of under the same
procedure prescribed in Section 50-11-740
50-11-735."
SECTION 3. Section 50-11-710 of the 1976 Code is amended to
read:
"Section 50-11-710. (A) Night hunting in this State
is unlawful except that and is punishable, upon conviction,
as in subsection (C). However, raccoons, opossums, foxes, mink,
bobcat, and skunk may be hunted at night; however,
except they may must not be hunted with
artificial lights except when unless treed or cornered
with dogs, or with buckshot or nor may they be
hunted with buckshot, any a shot larger than a
number four, or any a rifle ammunition of larger
a greater caliber than a twenty-two rimfire long rifle.
(B) For the purposes of this section, `night' means
that period of time between one-half hour after official
sundown of a day and one-half hour before official sunrise of
the following day.
(C) Any A person violating the
provisions of this section subsection (A), except as otherwise
provided, upon conviction, must be fined for the a
first offense not more than one thousand dollars, or be
imprisoned for not more than one year, or both; for the
a second offense within two years from the date of conviction
for the first offense, not more than two thousand dollars
nor less than four hundred dollars, or be imprisoned
for not more than one year nor for less than ninety days,
or both; for a third or subsequent offense within two years of the
date of conviction for the last previous offense, not more than three
thousand dollars nor less than five hundred dollars, or
be imprisoned for not more than one year nor for
less than one hundred twenty days, or both. Any A
person convicted under this section after more than two years
have elapsed since his last conviction must be sentenced as for a first
offense.
(D) In addition to any other penalty the
penalties in subsection (C), any a person convicted
for a second or subsequent offense under this section
within three years of the date of conviction for a first offense
shall must have his privilege to hunt in this State
suspended for a period of two years. No hunting license may
be issued to an individual while his privilege is suspended, and any
license mistakenly issued is invalid. The penalty for hunting in this State
during the period of suspension, upon conviction, must be imprisonment
for not more than one year nor less than ninety days.
(E) The provisions of this This section
may does not be construed to prevent
any an owner of property from protecting the
property it from destruction by wild game as provided by
law.
(F) Except as allowed in subsection (A), it is unlawful for
a person to use artificial lights at night, 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 the first paragraph of this section and a
weapon capable of firing the ammunition to hunt for, take, or
attempt to take wildlife. A violation of this paragraph
subsection is punishable as provided by Section 50-11-720.
In addition to those penalties, a vehicle, firearm, or other device
used in the violation must be seized, confiscated, forfeited, and disposed
of under Section 50-11-735."
SECTION 4. Section 50-11-730 of the 1976 Code is amended to
read:
"Section 50-11-730. (A) It is unlawful for
any a person to hunt, shoot, or in any way kill
take, or attempt to take deer from a motorboat, raft, or other
water conveyance or to molest deer while any a part of
the deer is in the water. Any A person violating the
provisions of this section is guilty of a misdemeanor and, upon
conviction, must be imprisoned for not less than thirty
days nor more than ninety days or be fined not less than
one hundred dollars nor more than five hundred dollars.
`Hunting', as used in this section in reference to a vehicle, boat, or
device, includes the transportation of a hunter to or from the place of
hunting in violation of this section, or the transportation of the carcass
of a deer, or any part of a deer, which has been unlawfully hunted or
killed in violation of this section.
(B) In addition to the penalty herein, in
this section every boat, raft, or other water conveyance, vehicle,
animal, firearm, and any other device being used in the
violation of this section must be confiscated
seized and delivered to the department pursuant to Section
50-11-735. For purposes of this section, a conviction for
unlawfully hunting deer from boats or other water conveyances is
conclusive as against any convicted owner of the above-mentioned
property.
In all other cases, the forfeiture and sale is accomplished by the
procedure set forth in Section 50-11-740."
SECTION 5. Section 50-13-1196 of the 1976 Code is amended to
read:
"Section 50-13-1196. (A) In addition to any
a specific penalty provided in this article, any
a fish or fishing device taken or found to be in possession of
any a person charged with a violation of this article
shall must be confiscated. The fish shall
must be sold in the same manner as prescribed
in Section 50-11-3940 for the sale of perishable items. If the person
charged is convicted, the money received from such the
sale shall must be forwarded to the department,
and placed on deposit with the State Treasurer, and
credited to the account of the game protection fund of
the State Treasury. After conviction, the fishing devices
shall must be sold at public auction. The sale of the
fish and fishing devices shall must be conducted
using the procedures prescribed in Section 50-11-2080
50-11-735. If such the person is acquitted, the
devices shall must be returned to him along with
any money monies that may have come from the sale of
the confiscated fish.
(B) In addition to the specific penalties provided in this
article and the penalties provided in subsection (A) of this
section, the boat, motor, and fishing gear of any
a person who is charged with unlawfully using or having in
possession a gill net or hoop net on any a freshwater
lake or reservoir of the State shall must be confiscated
and sold at auction within the State after conviction using the procedure
prescribed in Section 50-11-2080 50-11-735.
The money received from such the sale shall
must be forwarded to the department, and
placed on deposit with the State Treasurer, and credited to the
account of the game protection fund of the State
Treasury. If such the person is acquitted, the boat,
motor, and fishing gear shall must be returned
to him. Upon conviction, the department shall suspend such
the person's license or privilege to fish in this State for a
period of one year from the date of conviction.
(C) In addition to the specific penalties provided in this
article or the general provisions of Sections 50-13-1610 and 50-13-1650,
upon the conviction of any a commercial freshwater
fisherman of illegal possession of game fish or the sale or traffic in game
fish, the department shall suspend such person's his
license or privilege to fish in this State for a period of one year
from the date of conviction."
SECTION 6. The first four lines of Section 50-17-615 of the 1976
Code are amended to read:
"In addition to the area outlined in Section 50-17-610, from
August fifteenth to December fifteenth, both inclusive, except in that
area outlined in item by items (1), (2), (3), and
(4) of this section wherein the period is from September first to
November first, inclusive which are always closed to trawling
under Section 50-17-618, it is lawful to trawl for shrimp or
prawn:".
SECTION 7. Section 50-17-650 of the 1976 Code is amended by
adding at the end:
"If evidence convinces the court that the property or equipment
used by persons in violation of this article which call for the
confiscation, sale, or redemption of equipment used in the violation
belongs to a person not charged with a violation, the department shall
ascertain the fair market value of the equipment or property, and, upon
conviction, the court shall order the violator to pay to the department,
unless the section provides for specific sums, the fair market value of the
property or equipment, not to exceed one thousand dollars an item. This
amount may be used by the department for the protection of marine
resources. The civil penalty must be imposed at the time of sentence and
is in addition to a criminal penalty imposed. The property or equipment
must be returned to the owner.
A lienholder upon notice must be notified of the sale and the interest
of the lienholder must be satisfied by the public sale. If the cost of
satisfying the lien cannot be obtained by public sale, the former owner
shall pay the fair market value of the equipment or property up to one
thousand dollars, and the property or equipment must be turned over to
the valid lienholder."
SECTION 8. Section 50-19-2220 of the 1976 Code is amended to
read:
"Section 50-19-2220. In the waters of the Savannah River
between the Stevens Creek Dam and the highway bridge between
Calhoun Falls, South Carolina, and Elberton, Georgia, including the
waters impounded by the Stevens Creek Dam and the Clark Hill Dam,
all in Game Zone 2, no person shall may have
any a rifle in his possession in any a
boat nor shall any may a person fire a rifle within one
hundred yards from the shoreline of such the waters.
Any rifles A rifle being used in a violation of
this section shall must be confiscated and sold at public
auction under the procedure provided in Section
50-11-2080 50-11-735."
SECTION 9. This act takes effect upon approval by the Governor.
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