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1006Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 20000111Primary Sponsor: RavenelAll Sponsors: Ravenel and BrantonDrafted Document Number: l:\council\bills\swb\5020djc00.docResiding Body: SenateCurrent Committee: Judiciary Committee 11 SJSubject: Shooting of weapons, archery equipment, etc. into private property prohibited; Crimes, Fish and GameHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20000111 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill
TO AMEND CHAPTER 23, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-443, SO AS TO PROHIBIT SHOOTING A WEAPON, ARCHERY EQUIPMENT, OR OTHER DEVICE THAT SHOOTS OR HURLS A PROJECTILE INTO OR ACROSS PRIVATE PROPERTY WITHOUT THE OWNER'S PERMISSION, TO PROVIDE FOR THE MANNER IN WHICH LAW ENFORCEMENT OFFICERS MAY CHARGE A PERSON FOR A VIOLATION, AND TO PROVIDE EXCEPTIONS AND PENALTIES FOR VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 5, Chapter 23, Title 16 of the 1976 Code is amended by adding:
"Section 16-23-443. (A) It is unlawful to shoot a firearm, archery equipment, or any other device that shoots or hurls a bullet, missile, shot, or projectile of any sort into or across the private property of another without the permission of the owner or a person in lawful possession of the property.
(B) A person violating this section is guilty of a misdemeanor and, upon conviction, in cases not involving personal injury or damage to property, must be fined not more than five hundred dollars or imprisoned for not more than thirty days. In cases involving personal injury or damage to property, a person convicted of violating this section must be fined not more than five thousand dollars or imprisoned for not more than one year, or both. A person whose violation of this section results in the taking or loss of a human life must be prosecuted as otherwise provided by law rather than under this section.
(C) This section does not apply to law enforcement officers or military personnel acting in the performance of their duties, or to a person lawfully exercising the right of self-defense."
SECTION 2. The crime in Section 16-23-443 of the 1976 Code is added to the list of crimes in Section 56-7-10 of the 1976 Code for which the uniform traffic ticket is used and appropriately numbered to the list of crimes in Section 50-3-410, for which official summons are issued. A law enforcement officer may charge a person subject to prosecution for a violation of Section 16-23-443 by arresting the person or by using either the uniform traffic ticket authorized by Section 56-7-10 or a summons ticket authorized by Section 50-3-410.
SECTION 3. This act takes effect upon approval by the Governor.
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