South Carolina General Assembly
113th Session, 1999-2000

Download This Bill in Microsoft Word format

Bill 703


                    Current Status

Bill Number:                      703
Ratification Number:              302
Act Number:                       275
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  19990408
Primary Sponsor:                  Hayes
All Sponsors:                     Hayes
Drafted Document Number:          l:\council\bills\nbd\11283djc99.doc
Date Bill Passed both Bodies:     20000503
Governor's Action:                S
Date of Governor's Action:        20000519
Subject:                          Natural Resources Department enforcement 
                                  officers, official summons for offenses, Fish 
                                  and Game, Law Enforcement


                        History

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

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(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)."

Time effective

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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