South Carolina General Assembly
111th Session, 1995-1996

Bill 1306


                    Current Status

Bill Number:                    1306
Ratification Number:            414
Act Number:                     374
Type of Legislation:            General Bill GB
Introducing Body:               Senate
Introduced Date:                19960328
Primary Sponsor:                Giese 
All Sponsors:                   Giese 
Drafted Document Number:        bbm\10731jm.96
Date Bill Passed both Bodies:   19960522
Governor's Action:              S
Date of Governor's Action:      19960529
Subject:                        Natural Resources enforcement
                                officers, arrest and bail

History



Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19960613  Act No. A374
------  19960529  Signed by Governor
------  19960523  Ratified R414
House   19960522  Read third time, enrolled for
                  ratification
House   19960521  Read second time
House   19960515  Committee report: Favorable              25 HJ
House   19960430  Introduced, read first time,             25 HJ
                  referred to Committee
Senate  19960425  Read third time, sent to House
Senate  19960423  Read second time
Senate  19960417  Committee report: Favorable              07 SFGF
Senate  19960328  Introduced, read first time,             07 SFGF
                  referred to Committee

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A374, R414, S1306)

AN ACT TO AMEND SECTION 50-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ARREST OF AND BAIL FOR PERSONS APPREHENDED BY ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO PROVIDE FOR AN OFFICIAL SUMMONS TO BE USED BY THE OFFICERS FOR CERTAIN OFFENSES AND REVISE THE PROVISIONS FOR ARREST AND BAIL.

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

Official summons; arrest and bail; etc.

SECTION 1. Section 50-3-410 of the 1976 Code, as amended by Section 1258, Act 181 of 1993, is further amended to read:

"Section 50-3-410. (A) Enforcement officers and deputy enforcement officers employed by the Department of Natural Resources may use an official summons for violations of laws and regulations of the Department of Natural Resources; laws and regulations of the Department of Parks, Recreation and Tourism; laws and regulations of the State Commission of Forestry; laws and regulations of the Department of Health and Environmental Control pertaining to shellfish; trespass laws; and the following criminal offenses:

(1) interfering with a police officer: Section 16-5-50;

(2) disorderly conduct: Section 16-17-530;

(3) malicious injury to animals or personal property: Section 16-11-510;

(4) littering: Section 16-11-700;

(5) possession of beer or wine by a person under age: Section 20-7-370;

(6) possession of alcoholic liquor by a person under twenty-one years of age: Section 20-7-380;

(7) possession of marijuana (1 oz. or less): Section 44-53-370(c);

(8) violation of the South Carolina Underwater Antiquities Act: Sections 54-7-610 through 54-7-810;

(9) interfering with navigation: Sections 54-11-10 through 54-11-50;

(10) failure to stop for a blue light: Section 56-5-750;

(11) fishing from a posted bridge or roadway: Section 56-5-3110;

(12) unlawful possession and consumption of alcoholic liquor: Section 61-5-30;

(13) open container: Section 61-9-87.

(B) A person apprehended by an enforcement officer or deputy enforcement officer employed by the Department of Natural Resources for any of the offenses in subsection (A), upon being served with an official summons, may offer to deposit cash money as bail with the apprehending enforcement officer. In the discretion of the apprehending enforcement officer, he may accept cash money as bail in an amount not less than the minimum nor more than the maximum fine, plus court costs, in lieu of a personal appearance or incarceration. The official summons serves as receipt for the sum deposited and gives the respective courts jurisdiction to dispose of the matter."

Time effective

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

Approved the 29th day of May, 1996.