S*1127 Session 107 (1987-1988)
S*1127(Rat #0637, Act #0556 of 1988) General Bill, By Drummond and Thomas
Similar(H 3915)
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
50-1-85 so as to provide that it is unlawful to use a firearm or archery
tackle in a criminally negligent manner while hunting, to provide penalties,
and to provide that all monetary fines must be remitted to the South Carolina
Victim's Compensation Fund.-amended title
01/26/88 Senate Introduced and read first time SJ-27
01/26/88 Senate Referred to Committee on Fish, Game and Forestry SJ-27
03/22/88 Senate Committee report: Favorable with amendment Fish,
Game and Forestry SJ-15
03/24/88 Senate Amended SJ-74
03/24/88 Senate Read second time SJ-76
03/24/88 Senate Unanimous consent for third reading on next
legislative day SJ-76
03/25/88 Senate Read third time and sent to House SJ-33
03/29/88 House Introduced and read first time HJ-2373
03/29/88 House Referred to Committee on Agriculture and Natural
Resources HJ-2373
04/27/88 House Committee report: Favorable with amendment
Agriculture and Natural Resources HJ-3223
05/04/88 House Amended HJ-3535
05/04/88 House Debate adjourned until Thursday, May 5, 1988 HJ-3536
05/05/88 House Debate adjourned HJ-3598
05/10/88 House Amended HJ-3637
05/10/88 House Read second time HJ-3637
05/11/88 House Read third time HJ-3677
05/11/88 House Returned HJ-3677
05/12/88 Senate Concurred in House amendment and enrolled SJ-7
05/24/88 Ratified R 637
05/29/88 Signed By Governor
05/29/88 Effective date 05/29/88
05/29/88 Act No. 556
06/14/88 Copies available
(A556, R637, S1127)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
50-1-85 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO USE A FIREARM OR ARCHERY TACKLE
IN A CRIMINALLY NEGLIGENT MANNER WHILE HUNTING, TO PROVIDE PENALTIES, AND TO
PROVIDE THAT ALL MONETARY FINES MUST BE REMITTED TO THE SOUTH CAROLINA VICTIM'S
COMPENSATION FUND.
Be it enacted by the General Assembly of the State of South Carolina:
Unlawful use of firearms and archery tackle while hunting
SECTION 1. The 1976 Code is amended by adding:
"Section 50-1-85. It is unlawful for any person to use a firearm or
archery tackle while in preparation for, engaged in the act of, or returning from
hunting in a criminally negligent manner. Criminal negligence is defined as the
reckless disregard for the safety of others.
A person violating the provisions of this section is guilty of a misdemeanor
and, upon conviction, must be:
(1) in a case where no personal injury or property damage occurs, fined not
more than two hundred dollars or imprisoned for not more than thirty days;
(2) in the case of property damage only, fined not more than one thousand
dollars nor less than five hundred dollars or imprisoned for not more than six
months, and the court must order restitution to the owner of the property;
(3) in the case of bodily injury to another, fined not less than five hundred
dollars nor more than two thousand, five hundred dollars or imprisoned for not
more than two years; if the bodily injury results in disfigurement, total or
partial permanent disability, be imprisoned for not less than sixty days nor more
than two years;
(4) in the case of death, be imprisoned for not less than three months nor
more than three years.
No part of the minimum fines and penalties provided in this section may be
suspended by any court in this State.
In addition to the criminal penalties provided above, the department must seize
immediately the license of a person charged under this section and, upon
conviction, the hunting privileges of a person convicted under item (1) or (2)
above must be suspended for one year. A person convicted under item (3) of this
section shall lose his privilege to hunt for three years, and a person convicted
under item (4) of this section shall lose the privilege of hunting for five
years.
A person convicted of hunting while his license is suspended under the
provisions of this section must be fined not less than five hundred dollars nor
more than two thousand, five hundred dollars or imprisoned for not more than two
years and shall have his hunting privileges suspended for an additional five
years.
The person may not obtain another hunting license until he has completed
satisfactorily a hunter's safety program conducted by the department.
All monetary penalties shall be remitted to the South Carolina Victim's
Compensation Fund."
Time effective
SECTION 2. This act takes effect upon approval by the Governor. |