S*0119(Rat #0189, Act #0135 of 1987)  General Bill, By T.E. Garrison and Giese

Similar(H 2254, H 2364)
 A Bill to amend Section 16-11-700, Code of Laws of South Carolina, 1976,
 relating to the offense of littering, so as to increase the penalties.

   10/27/86  Senate Prefiled
   10/27/86  Senate Referred to Committee on Judiciary
   01/13/87  Senate Introduced and read first time SJ-85
   01/13/87  Senate Referred to Committee on Judiciary SJ-85
   01/28/87  Senate Committee report: Favorable Judiciary SJ-330
   02/24/87  Senate Read second time SJ-634
   02/24/87  Senate Ordered to third reading with notice of
                     amendments SJ-634
   03/05/87  Senate Special order SJ-807
   03/12/87  Senate Amended SJ-913
   03/17/87  Senate Read third time and sent to House SJ-933
   03/18/87  House  Introduced and read first time HJ-1127
   03/18/87  House  Referred to Committee on Agriculture and Natural
                     Resources HJ-1127
   04/21/87  House  Committee report: Favorable with amendment
                     Agriculture and Natural Resources HJ-2028
   04/22/87  House  Debate adjourned HJ-2085
   04/23/87  House  Amended HJ-2126
   04/23/87  House  Debate adjourned HJ-2151
   04/28/87  House  Debate interrupted HJ-2192
   04/29/87  House  Amended HJ-2220
   04/29/87  House  Read second time HJ-2221
   04/30/87  House   Read third time HJ-2359
   04/30/87  House  Returned HJ-2359
   05/05/87  Senate Non-concurrence in House amendment SJ-1674
   05/06/87  House  House insists upon amendment and conference
                     committee appointed Reps. Sturkie, K. Bailey &
                     Hodges HJ-2464
   05/12/87  Senate Conference committee appointed Sens. Shealy,
                     Pope, and Matthews SJ-1784
   05/26/87  Senate Free conference powers granted SJ-2317
   05/26/87  Senate Free conference committee appointed Sens. Pope,
                     Shealy, and Matthews SJ-2318
   05/26/87  Senate Free conference report received SJ-2318
   05/26/87  Senate Free conference report adopted SJ-2320
   05/28/87  House  Free conference powers granted HJ-3316
   05/28/87  House  Free conference committee appointed Sturkie, K.
                     Bailey & Hodges HJ-3316
   05/28/87  House  Free conference report received HJ-3316
   05/28/87  House  Free conference report adopted HJ-3318
   05/28/87  Senate Ordered enrolled for ratification SJ-2418
   06/02/87         Ratified R 189
   06/03/87         Signed By Governor
   06/03/87         Effective date 06/03/87
   06/03/87         Act No. 135
   06/16/87         Copies available

AN ACT TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO INCREASE THE PENALTIES.

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

Littering; penalties increased

SECTION 1. Section 16-11-700(C) of the 1976 Code is amended to read:

"(C)(1) Any person violating the provisions of this section is guilty of a misdemeanor and upon conviction must be fined not less than one hundred dollars nor more than two hundred dollars for each offense. In addition to any fine and for each offense under the provisions of this item, the court must also impose a minimum of five hours of litter-gathering labor or other such public service as the court may order because of physical or other incapacities, and which is under the supervision of the court.

(2) The fine for a deposit of a collection of litter or garbage in an area or facility not intended for public deposit of litter or garbage is two hundred dollars. The provisions of this item apply to a deposit of litter or garbage, as defined in Section 44-67-30(4), in an area or facility not intended for public deposit of litter or garbage, provided, however, this shall not prohibit a private property owner from depositing litter or garbage as a property enhancement so long as the depositing does not violate applicable local or state health and safety regulations. In addition to any fine and for each offense under the provisions of this item the court shall also impose a minimum of five hours of litter-gathering labor or other such public service as the court may order because of physical or other incapacities, and which is under the supervision of the court.

(3) The court, in lieu of any monetary fine imposed for a violation of this section, may direct the substitution of additional litter-gathering labor, or other such public service as the court may order because of physical or other incapacities, under the supervision of the court, not to exceed one hour for each five dollars of fine imposed.

(4) For a second conviction under the provisions of items (1) or (2) of this subsection, a minimum of twenty hours of community service must be imposed in addition to any fine.

(5) In addition to any other punishment authorized by this section, in the sound discretion of any court in which conviction is obtained the person may be directed by the judge to pick up and remove from any public place or any private property, with prior permission of the legal owner upon which it is established by competent evidence that the person has deposited litter, all litter deposited on the place or property by anyone before the date of execution of sentence.

(6) Notwithstanding any other provision of law, magistrates and municipal courts have jurisdiction to try violations of this section."

Time effective

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