Current Status Bill Number:4852 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19960328 Primary Sponsor:Whatley All Sponsors:Whatley, Seithel, Witherspoon, Tucker, Lanford and Knotts Drafted Document Number:pfm\9157ac.96 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Natural Resources enforcement officers, bail and arrest
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19960328 Introduced, read first time, 25 HJ
referred to Committee
View additional legislative information at the LPITS web site.
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:
SECTION 1. Section 50-3-410 of the 1976 Code, as last 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 16-7-530;
(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 twenty-one years of 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) an open container of beer or wine in a moving vehicle: Section 61-9-87.
(B) When A person is apprehended by an enforcement officer upon a charge of violating any provision of this title or littering or trespass prohibition statutes or regulations posted by the Department of Parks, Recreation and Tourism regarding the use of lakes, ponds, and other waters located wholly within state parks, the person charged 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 money as bail,. 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, not to exceed two hundred dollars plus court costs, in lieu of a recognizance for his personal appearance for trial or being incarcerated incarceration. A The official summons serves as receipt for the sum deposited must be given to the person by the enforcement officer. The summons and gives the court respective courts jurisdiction to dispose of the matter. Upon receipt of the bail money, the enforcement officer may release the person to appear before the proper judicial officer at a time stated in the summons."
SECTION 2. This act takes effect upon approval by the Governor.