H*3013(Rat #0087, Act #0056 of 2009)  General Bill, By Limehouse, Parker and 
Toole
 AN ACT TO AMEND SECTION 16-11-650, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE OFFENSE OF REMOVING OR DESTROYING FENCES, GATES, OR OTHER
 BARRIERS ENCLOSING ANIMALS, CROPS, OR UNCULTIVATED LANDS, SO AS TO REVISE THE
 ELEMENTS OF THE OFFENSE, INCREASE PENALTIES FOR VIOLATIONS, PROVIDE FOR THE
 RIGHTS OF EASEMENT HOLDERS, AND TO VEST JURISDICTION TO HEAR AND DISPOSE OF
 THIS OFFENSE IN MAGISTRATES COURT. - ratified title

   12/09/08  House  Prefiled
   12/09/08  House  Referred to Committee on Judiciary
   01/13/09  House  Introduced and read first time HJ-21
   01/13/09  House  Referred to Committee on Judiciary HJ-22
   03/25/09  House  Committee report: Favorable with amendment
                     Judiciary HJ-7
   03/31/09  House  Amended HJ-68
   03/31/09  House  Read second time HJ-69
   04/01/09  House  Read third time and sent to Senate HJ-32
   04/01/09         Scrivener's error corrected
   04/01/09  Senate Introduced and read first time SJ-12
   04/01/09  Senate Referred to Committee on Judiciary SJ-12
   04/16/09  Senate Referred to Subcommittee: Knotts (ch), Massey, Coleman
   05/13/09  Senate Committee report: Favorable with amendment
                     Judiciary SJ-12
   05/19/09  Senate Committee Amendment Adopted SJ-24
   05/19/09  Senate Read second time SJ-24
   05/20/09  Senate Read third time and returned to House with
                     amendments SJ-61
   05/21/09  House  Concurred in Senate amendment and enrolled HJ-48
   05/21/09  House  Roll call Yeas-104  Nays-0 HJ-48
   05/27/09         Ratified R 87
   06/03/09         Became law without Governor's signature
   06/11/09         Effective date 06/03/09
   06/12/09         Act No. 56

(A56, R87, H3013)

AN ACT TO AMEND SECTION 16-11-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF REMOVING OR DESTROYING FENCES, GATES, OR OTHER BARRIERS ENCLOSING ANIMALS, CROPS, OR UNCULTIVATED LANDS, SO AS TO REVISE THE ELEMENTS OF THE OFFENSE, INCREASE PENALTIES FOR VIOLATIONS, PROVIDE FOR THE RIGHTS OF EASEMENT HOLDERS, AND TO VEST JURISDICTION TO HEAR AND DISPOSE OF THIS OFFENSE IN MAGISTRATES COURT.

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

Penalty increased, jurisdiction

SECTION    1.    Section 16-11-650 of the 1976 Code is amended to read:

"Section 16-11-650.        (A)    A person, other than the owner or a person acting under the authority of the owner, who wilfully and knowingly removes, destroys, or leaves down any portion of a fence in this State intended to enclose animals of any kind or crops or uncultivated lands or who wilfully and knowingly leaves open or removes a gate or leaves down bars or other structure intended for the same purpose is guilty of a misdemeanor and must be punished by a fine of one thousand dollars or imprisonment for thirty days, or both.

(B)    The magistrates court is vested with jurisdiction to hear and dispose of these cases.

(C)    Nothing in this section shall affect an easement holder's right and ability to maintain such easement and rights of way consistent with the provisions of the document granting such easement."

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 upon approval by the Governor.

Ratified the 27th day of May, 2009.

Became law without the signature of the Governor -- 6/3/09.