H 4709 Session 109 (1991-1992)
H 4709 General Bill, By C.H. Stone
A Bill to amend Section 50-11-540, Code of Laws of South Carolina, 1976,
relating to penalties for unlawful wild turkey hunting, so as to increase the
monetary penalties for violation and to delete vehicles from the list of
equipment or property which may be confiscated for the violation, to amend
Section 50-11-720, relating to penalties for night hunting for deer or bear,
so as to increase the monetary penalties for violation, to amend Section
50-11-730, relating to the unlawful hunting of deer from any water conveyance,
so as to increase the monetary penalties for violation and delete vehicles
from the list of equipment or property which may be confiscated for the
violation, and to amend Section 50-11-740, relating to the confiscation,
forfeiture, and sale of property used in the night hunting of deer or bear, so
as to delete vehicles from the list of property which may be confiscated and
sold.
04/09/92 House Introduced and read first time HJ-67
04/09/92 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-68
A BILL
TO AMEND SECTION 50-11-540, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO PENALTIES FOR UNLAWFUL
WILD TURKEY HUNTING, SO AS TO INCREASE THE
MONETARY PENALTIES FOR VIOLATION AND TO DELETE
VEHICLES FROM THE LIST OF EQUIPMENT OR PROPERTY
WHICH MAY BE CONFISCATED FOR THE VIOLATION, TO
AMEND SECTION 50-11-720, RELATING TO PENALTIES FOR
NIGHT HUNTING FOR DEER OR BEAR, SO AS TO INCREASE
THE MONETARY PENALTIES FOR VIOLATION, TO AMEND
SECTION 50-11-730, RELATING TO THE UNLAWFUL HUNTING
OF DEER FROM ANY WATER CONVEYANCE, SO AS TO
INCREASE THE MONETARY PENALTIES FOR VIOLATION AND
DELETE VEHICLES FROM THE LIST OF EQUIPMENT OR
PROPERTY WHICH MAY BE CONFISCATED FOR THE
VIOLATION, AND TO AMEND SECTION 50-11-740, RELATING
TO THE CONFISCATION, FORFEITURE, AND SALE OF
PROPERTY USED IN THE NIGHT HUNTING OF DEER OR BEAR,
SO AS TO DELETE VEHICLES FROM THE LIST OF PROPERTY
WHICH MAY BE CONFISCATED AND SOLD.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 50-11-540 of the 1976 Code is amended to
read:
"Section 50-11-540. Any person taking, attempting to take, or
having in his possession turkey illegally or taking, attempting to take, or
killing turkey in any way not prescribed by the commission 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 except vehicles used in
hunting turkeys in violation of Sections 50-11-520 and 50-11-530 or in
the possession of persons convicted of violations at the time of the
violations is forfeited to the State and may be confiscated by any peace
officer who shall deliver the items to the department. For purposes of
this section, a conviction for unlawfully hunting turkeys is conclusive as
against any convicted owner of the above-mentioned property.
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. Property constituted forfeited property by this
section must be sold under the same procedure prescribed in Section
50-11-740."
SECTION 2. Section 50-11-720 of the 1976 Code is amended to
read:
"Section 50-11-720. Notwithstanding the provisions of
Section 50-11-710, any person convicted of the crime of night hunting
for deer or bear must
(1) for a first offense be fined not more than two
three thousand five hundred dollars or imprisoned as
provided in Section 50-11-710;
(2) for a second offense within two years of the first conviction be
fined not less than five hundred one thousand dollars
nor more than two thousand five hundred dollars or imprisoned as
provided for a first offense;
(3) for a third or subsequent offense within two years of a conviction
for a second or subsequent offense be fined not less than six
hundred one thousand dollars nor more than three thousand
dollars or imprisoned as provided for a first offense."
SECTION 3. Section 50-11-730 of the 1976 Code is amended to
read:
"Section 50-11-730. It is unlawful for any person to hunt,
shoot, or in any way kill deer from a motorboat, raft, or other water
conveyance or to molest deer while any part of the deer is in the water.
Any 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 two 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. In addition
to the penalty herein, every boat, raft, or other water conveyance,
vehicle, animal, firearm, and any other device except
vehicles being used in the violation of this section must be
confiscated and delivered to the department. 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 4. Section 50-11-740 of the 1976 Code is amended to
read:
"Section 50-11-740. Every vehicle, boat, animal, and
firearm used in the hunting of deer or bear at night is forfeited to the
State and must be confiscated by any peace officer who shall forthwith
deliver it to the department. `Hunting' as used in this section in reference
to a vehicle or boat includes the transportation of a hunter to or
from the place of hunting or the transportation of the carcass, or any part
of the carcass, of a deer or bear which has been unlawfully killed at
night. For purposes of this section, a conviction for unlawfully hunting
deer or bear at night is conclusive as against any convicted owner of the
above-mentioned property. In all other instances, forfeiture must be
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 must be immediately forfeited to
the State. Notice of the above proceedings must be 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. The director or his authorized agent shall sell any
confiscated device at public auction for cash to the highest bidder in
front of the county courthouse in the county where it is confiscated, after
having given ten days' public notice of the sale by posting advertisement
thereof on the door or bulletin board of the county courthouse or by
publishing the advertisement at least once in a newspaper of general
circulation in the county. Upon sale, the director shall pay over the net
proceeds, after payment of the proper costs and expenses, if any, of the
seizure, advertisement, and sale, including any proper expense incurred
for the storage of the confiscated device, to the State Treasurer for
deposit in the game protection fund. When the device is of greater value
than one thousand dollars, the owner may at any time before sale redeem
it by paying to the director the sum of one thousand dollars. When the
device is of lesser value than one thousand dollars, the owner may at any
time before sale redeem it by paying to the director the retail market
value. The sums received by the director must be deposited in the game
protection fund pursuant to the provisions of this section."
SECTION 5. This act takes effect upon approval by the Governor.
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