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703Ratification Number: 302Act Number: 275Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19990408Primary Sponsor: HayesAll Sponsors: HayesDrafted Document Number: l:\council\bills\nbd\11283djc99.docDate Bill Passed both Bodies: 20000503Governor's Action: SDate of Governor's Action: 20000519Subject: Natural Resources Department enforcement officers, official summons for offenses, Fish and Game, Law EnforcementHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20000606 Act No. A275 ------ 20000519 Signed by Governor ------ 20000516 Ratified R302 House 20000503 Read third time, enrolled for ratification House 20000502 Read second time House 20000426 Debate adjourned until Tuesday, 20000502 House 20000419 Recalled from Committee 20 HANR House 20000112 Recommitted to Committee 20 HANR House 19990630 Debate adjourned House 19990603 Recalled from Committee 20 HANR House 19990602 Introduced, read first time, 20 HANR referred to Committee Senate 19990601 Read third time, sent to House Senate 19990527 Read second time Senate 19990526 Recalled from Committee, 07 SFGF placed on the Calendar Senate 19990408 Introduced, read first time, 07 SFGF referred to Committee Versions of This Bill Revised on May 26, 1999 - Word format Revised on June 3, 1999 - Word format Revised on April 19, 2000 - Word format
(A275, R302, S703)
AN ACT TO AMEND SECTION 50-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF AN OFFICIAL SUMMONS BY ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO AUTHORIZE USE OF THE OFFICIAL SUMMONS BY ANY OFFICER DEPUTIZED BY THE DEPARTMENT PURSUANT TO SECTION 27-16-70; AND TO AMEND SECTION 50-3-420, AS AMENDED, RELATING TO IMMUNITY FROM PROSECUTION, SO AS TO PROVIDE FOR THE IMMUNITY FOR DEPUTY ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES.
Be it enacted by the General Assembly of the State of South Carolina:
Use of official summons by deputized officers
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, and any officer deputized by the department pursuant to Section 27-16-70, 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 underage: Section 20-7-8920;
(6) possession of alcoholic liquor by a person under twenty-one years of age: Section 20-7-8925;
(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: Sections 61-6-1800, 61-6-2220, 61-6-4710;
(13) open container: Section 61-4-110.
(B) A person apprehended by an enforcement officer or deputy enforcement officer employed by the Department of Natural Resources, or any officer deputized by the department pursuant to Section 27-16-70(C)(2) 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."
Deputized officers immune from criminal prosecution
SECTION 2. Section 50-3-420 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-3-420. Neither any officer of the Lake Wylie Marine Commission nor any enforcement officer or deputy enforcement officer of the Department of Natural Resources is subject to criminal prosecution when acting in his official capacity within his territorial jurisdiction for:
(1) failing to comply with statutes or regulations governing the operations of motor vehicles, watercraft, or aircraft;
(2) entering into private property, whether or not posted against trespassing;
(3) failure to comply with wildlife conservation and boating laws of this State as a necessary part of the investigation or enforcement effort in enforcing those laws.
The provisions of this section do not relieve the officers from the duty to exercise due regard for the safety of the public or protect them from the consequences of reckless, wilful, or wanton disregard for the safety of others nor liability for criminal prosecutions except as stated in items (1), (2), and (3)."
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 16th day of May, 2000.
Approved the 19th day of May, 2000.
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