Current Status Bill Number:4413 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19980114 Primary Sponsor:Witherspoon All Sponsors:Witherspoon Drafted Document Number:gjk\21019sd.98 Companion Bill Number:834 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Natural Resources Department, enforcement officers, law; official summons to be used by; Watercraft, Fish and Game
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19980114 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 PROCEDURE FOR MAKING ARRESTS BY ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, FOR CERTAIN WILDLIFE AND OTHER VIOLATIONS INCLUDING USE OF AN OFFICIAL SUMMONS, SO AS TO AUTHORIZE OTHER LAW ENFORCEMENT OFFICERS TO USE THE OFFICIAL SUMMONS, TO REVISE REFERENCES TO THE CRIMINAL OFFENSES TO WHICH THE SECTION APPLIES, TO ADD ADDITIONAL OFFENSES, TO PROVIDE THAT ASSESSMENTS IMPOSED ON FINES IN MAGISTRATE'S COURT FOR CHARGES BROUGHT BY OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES SHALL BE TWENTY-FIVE DOLLARS, AND TO PROVIDE THAT TIME LIMITS FOR THE PAYMENT OF FINES AND RESTITUTIONS FOR NATURAL RESOURCE AND WATERCRAFT VIOLATIONS, AND FOR THE SUSPENSION OF LICENSES, PERMITS, STAMPS, TAGS, AND REGISTRATIONS ISSUED BY THE DEPARTMENT IF SUCH FINES AND RESTITUTIONS ARE NOT TIMELY PAID.
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 Act 374 of 1996, is further amended to read:
"Section 50-3-410. (A) Enforcement officers and deputy enforcement officers employed by the Department of Natural Resources or other law enforcement officers empowered to enforce state law who are employed by a municipality, county, state, or federal agency, when authorized by the Deputy Director of the Department of Natural Resources for law enforcement, 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 one ounce or less 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 South Carolina Ports and Maritime laws and regulations;
(10) failure to stop for a blue light: Section 56-5-750;
(11) fishing or diving from a posted bridge or roadway: Section 56-5-3110;
(12) unlawful possession and or consumption of alcoholic liquor: Section 61-5-30;
(13) open container: Section 61-9-87.;
(14) indecent exposure;
(15) destruction of sea oats;
(16) use of a firearm while under the influence of alcohol or controlled substance.
(B) A person apprehended by an authorized 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. The official summons serves as a receipt for the sum deposited and gives the respective courts jurisdiction to dispose of the matter. 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 assessments, in lieu of a personal appearance or incarceration. Other laws to the contrary notwithstanding, assessments imposed on fines levied for charges for natural resource and watercraft law violations must be twenty-five dollars for magistrate's court. No other fees, assessments, or surcharges may be added. The assessments must be disbursed in the manner and percentages as prescribed by Title 14. The official summons serves as receipt for the sum deposited and gives the respective courts jurisdiction to dispose of the matter.
(C) Persons convicted of violations of natural resources and watercraft laws must pay all fines or restitutions as ordered by the court in order to apply for or hold any license, permit, stamp, tag, or registration issued by the department.
A person who fails to pay a court-ordered fine or restitution within the time limit set by the court shall have all licenses, permits, stamps, tags, or registrations issued by the department suspended until such fines or restitutions are paid in full.
There is no appeal from a suspension for failure to pay a court-ordered amount."
SECTION 2. This act takes effect upon approval by the Governor.