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COMMITTEE REPORT
February 28, 2001
S. 87
Introduced by Senators Ravenel, Branton, Passailaigue, McGill, Mescher and Elliott
S. Printed 2/28/01--S.
Read the first time January 10, 2001.
To whom was referred a Bill (S. 87) to amend Article 5, 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, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 50-11-760 of the 1976 Code is amended to read:
"Section 50-11-760. (A) The hunting of all It is unlawful for a person to hunt game from a public roads and rights-of-way owned by railroads is prohibited whenever the public roads or railroad rights-of-way are adjacent to lands that are posted against trespassing or hunting road or railroad right-of-way if the person does not have written permission to hunt the land immediately adjacent to the public road or railroad right-of-way. The provisions of this section do not apply to hunting by owners of the adjacent lands or by persons who have permission of the owners to hunt the adjacent lands.
(B)(1) For purposes of this section, 'Hunting' 'hunting' as used in this section includes:
(a) the hunting of taking deer by occupying stands therefor for that purpose; and
(b) possessing, carrying, or having readily accessible:
(i) a loaded centerfire rifle; or
(ii) a shotgun loaded with shot size larger than number four.
(2) For purposes of this section, 'loaded' means a weapon within which any ammunition is contained.
(3) For purposes of this section, the terms 'possessing', 'carrying', and 'having readily accessible' do not include a centerfire rifle or shotgun which is contained in a:
(a) closed compartment;
(b) closed vehicle trunk;
(c) unoccupied vehicle where the doors and windows are closed; or
(d) vehicle traveling on a public road.
(C) Any A person violating the who violates provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than one five hundred dollars or be imprisoned for a period not to exceed more than thirty days.
(D) In addition to any other penalties, the department must suspend the hunting privileges of a person convicted of violating this section for one year from the date of the conviction."
SECTION 2. Section 50-11-1090 of the 1976 Code is amended to read:
"Section 50-11-1090. The department has the authority during any season of the year to may take, or permit the taking of any person to take game animal animals, which have become so abundant that they are a nuisance or are causing excessive damage to crops, ornamental shrubbery, or real or personal property. and The department must prescribe the method by manner by which they these animals may be taken when they become so numerous that they cause excessive damage to crops and property. Any animal taken under these conditions pursuant to this section is under the supervision of the department. Any deer killed under these conditions must be given to eleemosynary institutions."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
WILLIAM MESCHER, for Committee.
EXPLANATION OF IMPACT:
The Department of Public Safety states there would be no impact to the General Fund of the State nor on federal and/or other funds.
LOCAL GOVERNMENT IMPACT:
Passage of this bill will have a minimal fiscal impact on the local governments, which can be absorbed within existing resources.
Approved By:
Don Addy
Office of State Budget
TO AMEND ARTICLE 5, 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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