S 955 Session 121 (2015-2016) S 0955 General Bill, By Thurmond A BILL TO AMEND SECTIONS 56-7-10 AND 56-7-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF UNIFORM TRAFFIC TICKETS, SO AS TO PROVIDE THAT A UNIFORM TRAFFIC TICKET MUST BE USED IN LIEU OF CUSTODIAL ARREST FOR CERTAIN OFFENSES WITH EXCEPTIONS; TO AMEND SECTION 56-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNIFORM ORDINANCE SUMMONS, SO AS TO PROVIDE THAT A UNIFORM ORDINANCE SUMMONS MUST BE USED IN LIEU OF CUSTODIAL ARREST FOR THE ENFORCEMENT OF COUNTY AND MUNICIPAL ORDINANCES; TO AMEND SECTION 56-25-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONRESIDENT TRAFFIC VIOLATOR COMPACTS, SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER WHO ISSUES A UNIFORM TRAFFIC CITATION SHALL ALLOW A PERSON TO PROCEED ON PERSONAL RECOGNIZANCE WITHOUT HAVING TO POST BOND OR APPEAR BEFORE A JUDICIAL OFFICER; AND TO AMEND SECTION 56-25-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONRESIDENT TRAFFIC VIOLATOR COMPACTS, SO AS TO PROVIDE EXCEPTIONS FOR A PERSON TO PROCEED ON PERSONAL RECOGNIZANCE. 12/09/15 Senate Prefiled 12/09/15 Senate Referred to Committee on Judiciary 12/15/15 Scrivener's error corrected 01/13/16 Senate Introduced and read first time (Senate Journal-page 44) 01/13/16 Senate Recommitted to Committee on Judiciary (Senate Journal-page 44) 03/24/16 Senate Referred to Subcommittee: Thurmond (ch), Allen, Corbin
TO AMEND SECTIONS 56-7-10 AND 56-7-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF UNIFORM TRAFFIC TICKETS, SO AS TO PROVIDE THAT A UNIFORM TRAFFIC TICKET MUST BE USED IN LIEU OF CUSTODIAL ARREST FOR CERTAIN OFFENSES WITH EXCEPTIONS; TO AMEND SECTION 56-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNIFORM ORDINANCE SUMMONS, SO AS TO PROVIDE THAT A UNIFORM ORDINANCE SUMMONS MUST BE USED IN LIEU OF CUSTODIAL ARREST FOR THE ENFORCEMENT OF COUNTY AND MUNICIPAL ORDINANCES; TO AMEND SECTION 56-25-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONRESIDENT TRAFFIC VIOLATOR COMPACTS, SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER WHO ISSUES A UNIFORM TRAFFIC CITATION SHALL ALLOW A PERSON TO PROCEED ON PERSONAL RECOGNIZANCE WITHOUT HAVING TO POST BOND OR APPEAR BEFORE A JUDICIAL OFFICER; AND TO AMEND SECTION 56-25-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONRESIDENT TRAFFIC VIOLATOR COMPACTS, SO AS TO PROVIDE EXCEPTIONS FOR A PERSON TO PROCEED ON PERSONAL RECOGNIZANCE. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Section 56-7-10 of the 1976 Code is amended to read: "Section 56-7-10. (A) There will be a uniform traffic ticket used by all law enforcement officers in arrests for traffic offenses and for the following additional offenses: Offense Citation Interfering with Police Officer Serving Process Section 16-5-50 Dumping Trash on Highway/Private Property Section 16-11-700 Indecent Exposure Section 16-15-130 Disorderly Conduct Section 16-17-530 Damaging Highway Section 57-7-10 Place Glass, Nails, Etc. on Highway Section 57-7-20 Obstruction of Highway by Railroad Cars, Etc. Section 57-7-240 Signs Permitted on Interstate Section 57-25-140 Brown Bagging Section 61-5-20 Drinking Liquors in Public Conveyance Section 61-13-360 Poles Dragging on Highway Section 57-7-80 Open Container Section 61-9-87 Purchase or Possession of Beer or Wine by a Person Under Age Section 63-19-2440 Purchase or Possession of Alcoholic Liquor by a Person Under Age Twenty-One Section 63-19-2450 Unlawful Possession and Consumption of Alcoholic Liquors Section 61-5-30 Sale of Beer or Wine on Which Tax Has Not Been Paid Section 61-9-20 Falsification of Age to Purchase Beer or Wine Section 61-9-50 Unlawful Purchase of Beer or Wine for a Person Who Cannot Legally Buy Section 61-9-60 Unlawful Sale or Purchase of Beer or Wine, Giving False Information as to Age, Buying Beer or Wine Unlawfully for Another Section 61-9-85 Employment of a Person Under the Age of Twenty-One as an Employee in Retail or Wholesale or Manufacturing Liquor Business Section 61-13-340 Failure to Remove Doors from Abandoned Refrigerators Section 16-3-1010 Malicious Injury to Animals or Personal Property Section 16-11-510 Timber, Logs, or Lumber Cutting, Removing, Transporting Without Permission, Valued at Less Than Fifty Dollars Section 16-11-580 Littering Section 16-11-700 Larceny of a Bicycle Valued at Less Than One Hundred Dollars Section 16-13-80 Cock Fighting Section 16-17-650 Ticket Scalping Section 16-17-710 Criminal Domestic Violence, First Offense and Second Offense (B)(1) and (2) Section 16-25-20 Glue Sniffing Section 44-53-1110 Trespassing Section 16-11-755 Trespassing Section 16-11-600 Trespassing Section 16-11-610 Trespassing Section 16-11-620 Negligent Operation of Watercraft; Operation of Watercraft While Under Influence of Alcohol or Drugs Section 50-21-110 Negligence of Boat Livery to Provide Proper Equipment and Registration Section 50-21-120 Interference with Aids to Navigation or Regulatory Markers or Operation of Watercraft in Prohibited Area Section 50-21-170 Operation of Watercraft Without a Certificate of Title Section 50-23-190 Parking on private property without permission Section 16-11-760 Certificate of Veterinary Inspection; Requirement for Out-of- State Livestock or Poultry Section 47-4-60 Inhibition of Livestock Inspection Section 47-4-120 Imported Swine Section 47-6-50 Operating Equine Sales Facility or Livestock Market Without Permit Section 47-11-20 Liability of Person Removing Livestock for Slaughter Section 47-11-120 Notice to Disinfect Section 47-13-310 Quarantine of Livestock or Poultry Section 47-4-70 Unlawful for Horse to Enter State Unless Tested Section 47-13-1350 Quarantine of Exposed Horses Section 47-13-1360 Proof of Test Required for Public Assembly of Horses Section 47-13-1370 False Certificates Section 47-13-1390 Unlawful to Feed Garbage to Swine Section 47-15-20 Notification Required from Certain Persons Disposing of Garbage Section 47-15-40 Sale of Uninspected Meat and Meat Products Section 47-17-60 Sale of Uninspected Poultry and Poultry Product Section 47-19-70 Possession of Marijuana Section 44-53-370(d)(4) Driving Under Suspension Section 56-1-46 (B)(1) The uniform traffic ticket must be used in lieu of custodial arrest for the following offenses: (a) Timber, Logs, or Lumber Cutting, Removing, Transporting Without Permission, Valued at Less Than Fifty Dollars (Section 16-11-510); (b) Trespassing (Section 16-11-600); (c) Trespassing (Section 16-11-610); (d) Trespassing (Section 16-11-620); (e) Trespassing (Section 16-11-755); (f) Parking on private property without permission (Section 16-11-760); (g) Possession of Marijuana (Section 44-53-370(d)(4)); (h) Driving Under Suspension (Section 56-1-46); and (i) Open Container (Section 61-9-87). (2) This subsection does not apply if: (a) the person does not possess a driver's license or identification card; or (b) the person is being charged with a separate offense other than an offense listed in this subsection.
SECTION 2. Section 56-7-15 of the 1976 Code is amended to read: "Section 56-7-15. (A) The uniform traffic ticket, established pursuant to the provisions of Section 56-7-10, may be used by law enforcement officers to arrest a person for an offense that has been freshly committed or is committed in the presence of a law enforcement officer if the punishment is within the jurisdiction of magistrates court and municipal court. A law enforcement agency processing an arrest made pursuant to this section must furnish the information to the State Law Enforcement Division as required in Chapter 3, Title 23. (B)(1) The uniform traffic ticket must be used in lieu of custodial arrest for the following offenses: (a) Timber, Logs, or Lumber Cutting, Removing, Transporting Without Permission, Valued at Less Than Fifty Dollars (Section 16-11-510); (b) Trespassing (Section 16-11-600); (c) Trespassing (Section 16-11-610); (d) Trespassing (Section 16-11-620); (e) Trespassing (Section 16-11-755); (f) Parking on private property without permission (Section 16-11-760); (g) Possession of Marijuana (Section 44-53-370(d)(4)); (h) Driving Under Suspension (Section 56-1-46); and (i) Open Container (Section 61-9-87). (2) This subsection does not apply if: (a) the person does not possess a driver's license or identification card; or (b) the person is being charged with a separate offense other than an offense listed in this subsection.
SECTION 3. Section 56-7-80 of the 1976 Code is amended to read:
"Section 56-7-80. (A) Counties and municipalities (B) The uniform ordinance summons may not be used to perform a custodial arrest. No county or municipal ordinance which regulates the use of motor vehicles on the public roads of this State may be enforced using an ordinance summons. (C) An ordinance summons must cite only one violation per summons and must contain at least the following information: (1) the name and address of the person or entity charged; (2) the name and title of the issuing officer; (3) the time, date, and location of the hearing; (4) a description of the ordinance the person or entity is charged with violating; (5) the procedure to post bond; and (6) any other notice or warning otherwise required by law. The ordinance summonses must be consecutively and discretely numbered. The ordinance summonses must be audited as part of the annual independent audit required in Section 4-9-150 for counties and in Section 5-7-240 for municipalities, and a separate copy of each audit must be furnished to the chief administrative officer of the county or municipality, as appropriate. (D) Service of a uniform ordinance summons vests all magistrates' and municipal courts with jurisdiction to hear and dispose of the charge for which the ordinance summons was issued and served. (E) Any law enforcement officer or code enforcement officer who serves an ordinance summons must allow the person served to proceed without first having to post bond or to appear before a magistrate or municipal judge. Acceptance of an ordinance summons constitutes a person's recognizance to comply with the terms of the summons. (F) Any person who fails to appear before the court as required by an ordinance summons, without first having posted such bond as may be required or without having been granted a continuance by the court, is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days. Any law enforcement agency processing an arrest made pursuant to this subsection must furnish such information to the State Law Enforcement Division as required by Chapter 3 of Title 23. (G) This statute does not prohibit a county or municipality from enforcing ordinances by means otherwise authorized by law." SECTION 4. Section 56-25-30 of the 1976 Code is amended to read:
"Section 56-25-30. Any law enforcement officer who issues to a person a uniform traffic citation When issuing a citation for a traffic violation to a nonresident who is licensed by a compact jurisdiction, if the law enforcement officer receives the person's recognizance as above-described, the officer shall not, subject to the exceptions noted below, require the person to post bond but shall allow the person to proceed." SECTION 5. Section 56-25-40 of the 1976 Code is amended to read:
"Section 56-25-40. (a) No person shall be entitled to be released on personal recognizance pursuant to Section 56-25-30 if
(1)
(2)
(b) Any person who willfully fails to appear before the court as required by a uniform traffic citation without having posted such bond as may be required by the court or been granted a continuance by the court shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than two hundred dollars or imprisoned not more than thirty days." SECTION 6. This act takes effect upon approval by the Governor.
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