South Carolina General Assembly
115th Session, 2003-2004

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Bill 914


Indicates Matter Stricken
Indicates New Matter


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

A BILL

TO AMEND SECTION 48-23-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFICIAL SUMMONS FOR MAKING ARRESTS BY FOREST LAW ENFORCEMENT OFFICERS, SO AS TO REVISE THE VIOLATIONS FOR WHICH THIS SUMMONS MAY BE USED; AND TO AMEND SECTION 48-23-96, RELATING TO THE APPOINTMENT AND TRAINING OF FOREST LAW ENFORCEMENT OFFICERS, SO AS TO FURTHER PROVIDE FOR THEIR APPOINTMENT AND LAW ENFORCEMENT RESPONSIBILITIES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 48-23-95 of the 1976 Code is amended to read:

"Section 48-23-95.    The State Commission of Forestry shall prescribe and prepare a special official summons form to be used exclusively by its forest law enforcement officers in making arrests for offenses punishable by fines not to exceed two hundred dollars or imprisonment not to exceed thirty days misdemeanors triable in magistrate's court.

Any A person charged with such these offenses shall, upon service of the commission summons by a forest law enforcement officer, shall appear in the court therein named at the time and place designated and such the service shall vest in the court jurisdiction to hear and dispose of the charge for which the summons was issued."

SECTION    2.    Section 48-23-96 of the 1976 Code is amended to read:

"Section 48-23-96.    The South Carolina State Forestry Commission shall appoint law enforcement officers for forest law enforcement whose terms of office shall must be permanent unless revoked by the commission. Officers may be removed by the commission on proof satisfactory to it that they are not fit persons for such positions these commissions. Such These officers shall carry out the forest law enforcement responsibilities of the commission, including the training of other personnel, shall enforce statutes enacted for the protection of forests and woodlands from fire, insects and diseases, and shall make arrests for violations of forestry laws.

Such officers shall have authority to obtain and serve warrants including warrants for violations of any duly enacted regulations of the Forestry Commission.

The Forestry Commission shall, in coordination with the Criminal Justice Academy, establish training programs consistent with the Commission's particular needs in forest law enforcement."

SECTION    3.    This act takes effect upon approval by the Governor.

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