S 1204 General Bill, By Gregory
 A BILL TO AMEND SECTION 50-1-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE NEGLIGENT USE OF FIREARMS OR ARCHERY TACKLE, SO AS TO
 DELETE REFERENCES TO "CRIMINAL NEGLIGENCE", TO FURTHER DEFINE "NEGLIGENCE",
 AND TO PROVIDE THAT A PERSON MUST LOSE THE PRIVILEGE TO HUNT FOR TWO YEARS FOR
 CERTAIN VIOLATIONS OF THIS SECTION.

   04/10/02  Senate Introduced and read first time SJ-6
   04/10/02  Senate Referred to Committee on Fish, Game and Forestry SJ-6
   04/18/02  Senate Committee report: Favorable with amendment Fish,
                     Game and Forestry SJ-17
   04/23/02  Senate Amended SJ-14
   04/23/02  Senate Read second time SJ-14
   04/24/02  Senate Read third time and sent to House SJ-32
   04/25/02  House  Introduced and read first time HJ-4
   04/25/02  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-4

Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

April 23, 2002

    S. 1204

S. Printed 4/23/02--S.    [SEC 4/24/02 2:35 PM]

Read the first time April 10, 2002.

TO AMEND SECTION 50-1-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NEGLIGENT USE OF FIREARMS OR ARCHERY TACKLE, SO AS TO DELETE REFERENCES TO "CRIMINAL NEGLIGENCE", TO FURTHER DEFINE "NEGLIGENCE", AND TO PROVIDE THAT A PERSON MUST LOSE THE PRIVILEGE TO HUNT FOR TWO YEARS FOR CERTAIN VIOLATIONS OF THIS SECTION.

    Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 50-1-85 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

    "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 reckless manner. Criminal negligence Recklessness is defined as the reckless disregard for the safety of others or their property.

    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 (2) of this section must lose the privilege to hunt for two years. 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."

SECTION    2.    This act takes effect upon approval by the Governor.