Current Status Introducing Body:Senate Bill Number:933 Primary Sponsor:Drummond Committee Number:20 Type of Legislation:GB Subject:Fish and game, property forfeiture provisions Residing Body:House Current Committee:Agriculture, Natural Resources, and Environmental Affairs Computer Document Number:NO5/7500.BD Introduced Date:Apr 25, 1991 Date of Last Amendment:Mar 18, 1992 Last History Body:House Last History Date:Mar 19, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Drummond Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
933 House Mar 19, 1992 Introduced, read first time, 20
referred to Committee
933 Senate Mar 18, 1992 Amended, read third time,
sent to House
933 Senate Mar 17, 1992 Amendment amended
933 Senate Mar 12, 1992 Reconsidered vote whereby the
bill was given third reading
933 Senate Mar 12, 1992 Amended, read third time,
sent to House
933 Senate Mar 05, 1992 Read second time, ordered to
third reading with notice of
general amendments
933 Senate Mar 03, 1992 Committee Report: Favorable 07
with amendment
933 Senate Apr 25, 1991 Introduced, read first time, 07
referred to Committee
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Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
March 18, 1992
S. 933
S. Printed 3/18/92--S.
Read the first time April 25, 1991.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-735 SO AS TO PROVIDE FOR DISPOSITION OF FORFEITED PROPERTY; TO AMEND SECTION 50-11-540, RELATING TO PENALTIES FOR VIOLATIONS PERTAINING TO TURKEY HUNTING, SO AS TO INCREASE PENALTIES AND REVISE THE FORFEITURE PROVISIONS; TO AMEND SECTION 50-11-710, RELATING TO NIGHT HUNTING, SO AS TO CHANGE THE REFERENCE TO "LARGER" TO "A GREATER CALIBER" AND PROVIDE FOR A CONFISCATION, FORFEITURE, AND SALE PENALTY; TO AMEND SECTION 50-11-730, RELATING TO HUNTING, SHOOTING, OR KILLING DEER FROM A WATER CONVEYANCE SO AS TO CHANGE THE REFERENCES TO "SHOOT" AND "KILL" TO "TAKE" AND "ATTEMPT TO TAKE" AND PROVIDE A PROCEDURE FOR FORFEITURE AND DISPOSITION OF PROPERTY; TO AMEND SECTION 50-11-740, RELATING TO THE CONFISCATION, FORFEITURE, AND DISPOSITION OF PROPERTY USED IN THE HUNTING OF DEER OR BEAR AT NIGHT, SO AS TO REVISE THE FORFEITURE PROVISIONS; TO AMEND SECTION 50-13-1196, RELATING TO THE CONFISCATION OF PROPERTY USED IN A VIOLATION OF PROVISIONS PROTECTING FISH, SO AS TO CHANGE THE REFERENCE TO THE SECTION PERTAINING TO THE SALE OF THE PROPERTY; TO AMEND SECTION 50-17-615, RELATING TO THE LAWFUL AREA AND TIME TO TRAWL FOR SHRIMP OR PRAWN, SO AS TO REVISE THE REFERENCE TO THE AREAS ALWAYS CLOSED TO TRAWLING; TO AMEND SECTION 50-17-650, RELATING TO THE PENALTIES FOR SHRIMP TRAWLING VIOLATIONS, SO AS TO PROVIDE A PROCEDURE FOR FORFEITURE AND DISPOSITION OF PROPERTY; AND TO AMEND SECTION 50-19-2220, RELATING TO VIOLATIONS FOR RIFLE USE FOR CERTAIN WATERS OF THE SAVANNAH RIVER SO AS TO CHANGE THE REFERENCE TO THE SECTION PERTAINING TO SALE OF CONFISCATED RIFLES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 50-11-735. (A) For purposes of this section, a conviction for unlawfully taking, attempting to take, or possessing wildlife is conclusive against the owner of property subject to forfeiture.
(B) Forfeited property not claimed or redeemed as provided in this section may be retained by the department for official use, transferred to other governmental agencies for official use, sold at public auction, or disposed of according to law.
(C) If the department sells forfeited property, the sale must be at public auction for cash to the highest bidder at a public place in the county where the property was seized. Before the sale, the department shall give at least thirty days notice to the former owner of the property subject to forfeiture by certified mail and to the public by posting an advertisement of the sale at the county courthouse and by publishing the advertisement at least once in a newspaper of general circulation in the county. Upon sale, the department first shall satisfy costs and expenses of the seizure, advertisement, and sale including, but not limited to, expenses incurred for the storage of the forfeited property. The net proceeds must be placed on deposit with the State Treasurer and credited to the game protection fund.
(D) When forfeited property is valued at one thousand dollars or more, the former owner may redeem it by paying one thousand dollars to the department within thirty days after conviction. When forfeited property is valued at less than one thousand dollars, the former owner may redeem it by paying to the department the fair market value of the property within thirty days after conviction. The amounts received by the department must be placed on deposit with the State Treasurer and credited to the game protection fund.
(E) When the department seizes property subject to forfeiture, the owner may redeem it before trial by paying to the department the fair market value of the property or one thousand dollars, whichever is less, if the property is not being held as evidence. Upon conviction, the amount received by the department must be placed on deposit with the State Treasurer and credited to the game protection fund. If there is no conviction, the amount received must be returned to the owner.
(F) When the department seizes property subject to forfeiture and which is subject to a lien of record, it shall ascertain the fair market value of the property. Upon conviction of the owner, an innocent lienholder of record may claim the property upon proof of his status. The person convicted shall pay the department the fair market value of the property not to exceed one thousand dollars an item. Upon payment, the property must be relinquished to the innocent lienholder of record. The amount received by the department must be placed on deposit with the State Treasurer and credited to the game protection fund.
(G) If property is seized pursuant to this section and an innocent person other than an innocent lienholder of record proves ownership in the property, the department shall ascertain the fair market value of the property. Upon conviction of the person from whom the property was seized, the innocent person may claim the property upon proof of his status, and the department immediately shall relinquish the property to the innocent owner. The person convicted shall pay the department the fair market value of the property not to exceed one thousand dollars an item. The amount received by the department must be placed on deposit with the State Treasurer and credited to the game protection fund.
(H) If property is seized pursuant to this section and an innocent person other than an innocent lienholder of record proves ownership in the property, the department shall ascertain the fair market value of the property. If the property is not being held as evidence, the department immediately shall relinquish the property to the innocent owner. Upon conviction of the person from whom the property was seized, he shall pay the department the fair market value of the property not to exceed one thousand dollars an item. The amount received by the department must be placed on deposit with the State Treasurer and credited to the game protection fund.
(I) The division shall maintain a permanent record of all property recovered pursuant to this section which shall list the property recovered, the disposition of such property, and the date of the disposition."
SECTION 2. Section 50-11-540 of the 1976 Code is amended to read:
"Section 50-11-540. (A) Any A person taking, attempting to take, or having in his possession turkey illegally or taking, attempting to take, or killing turkey in any a way not prescribed by the commission within the scope of the commission's statutory authority 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 used in hunting turkeys in violation of Sections 50-11-500, 50-11-510, 50-11-520, and 50-11-530 or in the possession of persons convicted of violations a violation at the time of the violations violation is must be forfeited to the State and may be confiscated by any a peace officer who shall deliver the items to the department or its designated agent pending disposition of the case.
(B) For purposes of this section, a conviction for unlawfully hunting turkeys is conclusive as against any a convicted owner of the above mentioned property in this section, and devices confiscated must be ordered forfeited.
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.
(C) Property constituted forfeited property by this section must be sold disposed of under the same procedure prescribed in Section 50-11-740 50-11-735."
SECTION 3. Section 50-11-710 of the 1976 Code is amended to read:
"Section 50-11-710. (A) Night hunting in this State is unlawful except that and is punishable, upon conviction, as in subsection (C). However, raccoons, opossums, foxes, mink, bobcat, and skunk may be hunted at night; however, except they may must not be hunted with artificial lights except when unless treed or cornered with dogs, or with buckshot or nor may they be hunted with buckshot, any a shot larger than a number four, or any a rifle ammunition of larger a greater caliber than a twenty-two rimfire long rifle.
(B) For the purposes of this section, `night' means that period of time between one-half hour after official sundown of a day and one-half hour before official sunrise of the following day.
(C) Any A person violating the provisions of this section subsection (A), except as otherwise provided, upon conviction, must be fined for the a first offense not more than one thousand dollars, or be imprisoned for not more than one year, or both; for the a second offense within two years from the date of conviction for the first offense, not more than two thousand dollars nor less than four hundred dollars, or be imprisoned for not more than one year nor for less than ninety days, or both; for a third or subsequent offense within two years of the date of conviction for the last previous offense, not more than three thousand dollars nor less than five hundred dollars, or be imprisoned for not more than one year nor for less than one hundred twenty days, or both. Any A person convicted under this section after more than two years have elapsed since his last conviction must be sentenced as for a first offense.
(D) In addition to any other penalty the penalties in subsection (C), any a person convicted for a second or subsequent offense under this section within three years of the date of conviction for a first offense shall must have his privilege to hunt in this State suspended for a period of two years. No hunting license may be issued to an individual while his privilege is suspended, and any license mistakenly issued is invalid. The penalty for hunting in this State during the period of suspension, upon conviction, must be imprisonment for not more than one year nor less than ninety days.
(E) The provisions of this This section may does not be construed to prevent any an owner of property from protecting the property it from destruction by wild game as provided by law.
(F) Except as allowed in subsection (A), it is unlawful for a person to use artificial lights at night, except vehicle headlights while traveling in a normal manner on a public road or highway, while in possession of or with immediate access to both ammunition of a type prohibited for use at night by the first paragraph of this section and a weapon capable of firing the ammunition to hunt for, take, or attempt to take wildlife. A violation of this paragraph subsection is punishable as provided by Section 50-11-720. In addition to those penalties, a vehicle, firearm, or other device used in the violation must be seized, confiscated, forfeited, and disposed of under Section 50-11-735."
SECTION 4. Section 50-11-730 of the 1976 Code is amended to read:
"Section 50-11-730. (A) It is unlawful for any a person to hunt, shoot, or in any way kill take, or attempt to take deer from a motorboat, raft, or other water conveyance or to molest deer while any a part of the deer is in the water. Any A 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 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.
(B) In addition to the penalty herein, in this section every boat, raft, or other water conveyance, vehicle, animal, firearm, and any other device being used in the violation of this section must be confiscated seized and delivered to the department pursuant to Section 50-11-735. 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 5. Section 50-13-1196 of the 1976 Code is amended to read:
"Section 50-13-1196. (A) In addition to any a specific penalty provided in this article, any a fish or fishing device taken or found to be in possession of any a person charged with a violation of this article shall must be confiscated. The fish shall must be sold in the same manner as prescribed in Section 50-11-3940 for the sale of perishable items. If the person charged is convicted, the money received from such the sale shall must be forwarded to the department, and placed on deposit with the State Treasurer, and credited to the account of the game protection fund of the State Treasury. After conviction, the fishing devices shall must be sold at public auction. The sale of the fish and fishing devices shall must be conducted using the procedures prescribed in Section 50-11-2080 50-11-735. If such the person is acquitted, the devices shall must be returned to him along with any money monies that may have come from the sale of the confiscated fish.
(B) In addition to the specific penalties provided in this article and the penalties provided in subsection (A) of this section, the boat, motor, and fishing gear of any a person who is charged with unlawfully using or having in possession a gill net or hoop net on any a freshwater lake or reservoir of the State shall must be confiscated and sold at auction within the State after conviction using the procedure prescribed in Section 50-11-2080 50-11-735. The money received from such the sale shall must be forwarded to the department, and placed on deposit with the State Treasurer, and credited to the account of the game protection fund of the State Treasury. If such the person is acquitted, the boat, motor, and fishing gear shall must be returned to him. Upon conviction, the department shall suspend such the person's license or privilege to fish in this State for a period of one year from the date of conviction.
(C) In addition to the specific penalties provided in this article or the general provisions of Sections 50-13-1610 and 50-13-1650, upon the conviction of any a commercial freshwater fisherman of illegal possession of game fish or the sale or traffic in game fish, the department shall suspend such person's his license or privilege to fish in this State for a period of one year from the date of conviction."
SECTION 6. The first four lines of Section 50-17-615 of the 1976 Code are amended to read:
"In addition to the area outlined in Section 50-17-610, from August fifteenth to December fifteenth, both inclusive, except in that area outlined in item by items (1), (2), (3), and (4) of this section wherein the period is from September first to November first, inclusive which are always closed to trawling under Section 50-17-618, it is lawful to trawl for shrimp or prawn:".
SECTION 7. Section 50-17-650 of the 1976 Code is amended by adding at the end:
"If evidence convinces the court that the property or equipment used by persons in violation of this article which call for the confiscation, sale, or redemption of equipment used in the violation belongs to a person not charged with a violation, the department shall ascertain the fair market value of the equipment or property, and, upon conviction, the court shall order the violator to pay to the department, unless the section provides for specific sums, the fair market value of the property or equipment, not to exceed one thousand dollars an item. This amount may be used by the department for the protection of marine resources. The civil penalty must be imposed at the time of sentence and is in addition to a criminal penalty imposed. The property or equipment must be returned to the owner.
A lienholder upon notice must be notified of the sale and the interest of the lienholder must be satisfied by the public sale. If the cost of satisfying the lien cannot be obtained by public sale, the former owner shall pay the fair market value of the equipment or property up to one thousand dollars, and the property or equipment must be turned over to the valid lienholder."
SECTION 8. Section 50-19-2220 of the 1976 Code is amended to read:
"Section 50-19-2220. In the waters of the Savannah River between the Stevens Creek Dam and the highway bridge between Calhoun Falls, South Carolina, and Elberton, Georgia, including the waters impounded by the Stevens Creek Dam and the Clark Hill Dam, all in Game Zone 2, no person shall may have any a rifle in his possession in any a boat nor shall any may a person fire a rifle within one hundred yards from the shoreline of such the waters. Any rifles A rifle being used in a violation of this section shall must be confiscated and sold at public auction under the procedure provided in Section 50-11-2080 50-11-735."
SECTION 9. This act takes effect upon approval by the Governor.