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COMMITTEE REPORT
May 1, 2008
H. 4534
Introduced by Reps. M.A. Pitts, Owens, Simrill, Davenport, Hosey, Leach, McLeod, Moss, Phillips, Thompson and Loftis
S. Printed 5/1/08--S.
Read the first time April 1, 2008.
To whom was referred a Bill (H. 4534) to amend Section 50-3-410, as amended, Code of Laws of South Carolina, 1976, relating to procedures for making arrests, so as to further provide, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
CHAUNCEY K. GREGORY for Committee.
TO AMEND SECTION 50-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR MAKING ARRESTS, SO AS TO FURTHER PROVIDE FOR THESE PROCEDURES, THE USE OF SUMMONS, AND THE RECEIPT OF MONETARY BONDS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 50-3-410 of the 1976 Code, as last amended by Act 246 of 2004, is further amended to read:
"Section 50-3-410. (A) Enforcement officers and deputy enforcement officers authorized 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;
(14) transporting uncovered loads on highways, Section 56-5-4100;
(15) destruction of sea oats or venus flytraps, Section 16-11-590;
(16) destruction of marsh, Section 48-39-130;
(17) inhumane treatment to animals, Section 47-1-40.
(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.
(A) Department of Natural Resources enforcement and deputy enforcement officers and officers authorized to enforce state law under the Catawba Indian Claims Settlement Act may use the official department summons for arrests for violations of laws and regulations of the Department of Natural Resources, and all other misdemeanors within the jurisdiction of the magistrates, municipal, or family court. Service of the summons vests the respective courts with jurisdiction and any person apprehended and served must appear at the time and place designated.
(B) In the discretion of the apprehending officer, the person apprehended may be allowed to post a monetary amount as a bond in lieu of a personal appearance or incarceration. The amount may not be less than the minimum fine nor more than the maximum fine, plus court costs. The summons serves as a receipt for the sum posted with the officer."
SECTION 2. This act takes effect upon approval by the Governor.
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