Current Status Bill Number:
1396Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19960425Primary Sponsor: RichterAll Sponsors: RichterDrafted Document Number: RES9917.LERResiding Body: SenateCurrent Committee: Fish, Game and Forestry Committee 07 SFGFSubject: Hunting while under the influence prohibited
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19960425 Introduced, read first time, 07 SFGF referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND CHAPTER 9, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF HUNTING AND FISHING PRIVILEGES, BY ADDING SECTION 50-9-1120, SO AS TO PROHIBIT HUNTING UNDER THE INFLUENCE AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 50-9-1020, RELATING TO THE POINT SYSTEM FOR VIOLATIONS OF THE WILDLIFE CODE, SO AS TO ESTABLISH POINTS FOR HUNTING UNDER THE INFLUENCE AND OTHER RELATED OFFENSES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 9, Title 50 of the 1976 Code is amended by adding:
"Section 50-9-1120. (A) A person is guilty of a misdemeanor if the person hunts wild animals or birds:
(1) while under the influence of intoxicating liquor or drugs or a combination of liquor and drugs;
(2) while having 0.10 percent or more by weight of blood alcohol content; or
(3) while knowingly under the influence of any prescription medication which causes drowsiness or intoxication as a side effect.
(B) An owner or other person having charge or control of a firearm or bow and arrow may not authorize or permit an individual the person knows or has reason to believe is under the influence of alcohol, controlled substances, or prescription drugs known to cause drowsiness or intoxication to possess the firearm or bow and arrow in this State.
(C) A person convicted of a violation of subsection (A)(1)(2) or (3) of this section must be assessed 18 points against his hunting privileges pursuant to the provisions of Section 50-9-1020. A person convicted of a violation of subsection (B) must be assessed 6 points against his hunting privileges.
(D) When an officer authorized to enforce the laws of this State has reason to believe that a person may be violating, or has violated, any provision of subsection (A), the officer may require the person to provide a breath or blood sample as provided by law. A person failing to submit to the breath or blood sample screening upon the request of a law enforcement official must have his hunting privileges suspended by the department. Any person whose hunting privileges have been suspended pursuant to any provision of this section may request a review pursuant to the provisions of Section 50-9-1050."
SECTION 2. Section 50-9-1020(2) of the 1976 Code is amended by adding:
"(t) hunting under the influence of intoxicating liquor or drugs, or a combination of liquor and drugs: 18;
(u) authorizing or permitting the use of a firearm or bow and arrow by a person known or suspected of being under the influence of intoxicating liquor or drugs, or a combination of liquor or drugs: 6."
SECTION 3. This act takes effect upon approval by the Governor.