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COMMITTEE REPORT
May 17, 2001
S. 87
Introduced by Senators Ravenel, Branton, Passailaigue, McGill, Mescher and Elliott
S. Printed 5/17/01--H. [SEC 5/18/01 2:29 PM]
Read the first time March 15, 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, 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:
/ 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 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; or a
(c) 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. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
CHARLES R. SHARPE for Committee.
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. 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 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. This act takes effect upon approval by the Governor.
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