A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 50-11-705, RELATING TO RESTRICTIONS ON NIGHT HUNTING AND PENALTIES, SO AS TO REVISE THE OFFENSES AND PENALTIES, TO REGULATE THE USE OF ELECTRONIC VISION ENHANCING DEVICES FOR NIGHT HUNTING PURPOSES, AND TO PROVIDE MAGISTRATEs' COURT WITH JURISDICTION TO IMPOSE PENALTIES; AND BY AMENDING SECTION 50-11-740, RELATING TO CONFISCATION, FORFEITURE, AND SALE OF PROPERTY USED IN HUNTING DEER, BEAR, OR TURKEY AT NIGHT, SO AS TO REVISE THE TYPES OF PROPERTIES THAT ARE SUBJECT to THIS SECTION, TO REVISE THE FORFEITURE PROCEDURE, AND TO REVISE PENALTIES.

 

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

 

SECTION 1.  Section 50-11-705 of the S.C. Code is amended to read:

 

    Section 50-11-705. (A) Except as otherwise provided in this article, night hunting in this State is unlawful.

    (B) A person who violates this section by night hunting for any animal, except for deer, bear, turkey, or an animal listed in Section 50-11-710 or 50-11-715, upon conviction, must:

       (1) for a first offense, be fined not more than five hundred dollars, be imprisoned for not more than thirty days, or both;

       (2) for a second offense within two ten years from the date of conviction for the first offense, be fined not more than one thousand dollars, be imprisoned as provided for a first offense, or both; and

       (3) for a third or subsequent offense within two ten years of the date of conviction for the last previous offense, be fined not more than one thousand five hundred dollars, be imprisoned as provided for a first offense, or both.

    (C) A person who violates this section by night hunting for deer, bear, or turkey on property not registered with the department for night hunting feral hogs, coyotes, or armadillos, upon conviction, must:

       (1) for a first offense, be fined not less than five hundred one thousand dollars nor more than two thousand five hundred dollars, be imprisoned for not more than one year thirty days, or both;

       (2) for a second offense within two ten years from the date of conviction for the first offense, be fined not less than five hundred two thousand five hundred dollars nor more than two three thousand five hundred dollars, be imprisoned as provided for a first offense, or both; and

       (3) for a third or subsequent offense within two ten years of the date of conviction for the last previous offense, be fined not less than one thousand three thousand five hundred dollars nor more than three  five thousand dollars, be imprisoned as provided for not more than six months, or botha first offense, or both.

    (D) A person who violates this section by night hunting for deer, bear, or turkey on property registered with the department for night hunting feral hogs, coyotes, or armadillos, upon conviction, must:

       (1) for a first offense, be fined not less than five hundred dollars nor more than two thousand five hundred dollars, be imprisoned for not more than one year, or both;

       (2) for a second offense within two years from the date of conviction for the first offense, be fined not less than one thousand dollars nor more than three thousand five hundred dollars, be imprisoned as provided for a first offense, or both; and

       (3) for a third or subsequent offense within two years of the date of conviction for the last previous offense, be fined not less than two thousand five hundred dollars nor more than five thousand dollars, be imprisoned as provided for a first offense, or both.

    (E)(D) The display or use of artificial light, thermal imaging device, night vision device, or other electronic vision enhancing device at night on property not registered with the department for night hunting feral hogs, coyotes, or armadillos, or in possession of a hunter on property he does not have permission to hunt on, in a manner capable of disclosing the presence of deer, bear, or turkey, together with the possession of or with immediate access to a centerfire rifle and ammunition larger than a twenty-two caliber rimfire, or a shotgun and ammunition larger than shot size number four, shall constitute prima facie evidence of night hunting for deer, bear, or turkey.

    (F)(E) Nothing in this article prohibits a person from acting in accordance with the conditions contained in a depredation permit issued by the department pursuant to Section 50-11-2570, nor prohibits the use of artificial light or an electronic vision enhancing device while acting under a depredation permit.

    (F) The magistrates court has concurrent jurisdiction under this section to impose the penalties set forth herein up to a maximum fine of five thousand dollars, or six months imprisonment, or both.

    (G) In addition to any other penalty, any person convicted for a first offense shall have his privilege to hunt, freshwater fish, and trap suspended for a period of one year. A person convicted for a second offense within ten years of the last conviction date, must have his hunting and fishing privileges suspended for an additional two years. A person convicted for a third or subsequent offense within ten years of the last conviction date must have his hunting and fishing privileges suspended for an additional five years. A hunting or freshwater fishing license may not be issued to an individual while his privilege is suspended. Any license mistakenly issued is invalid.

    (H) In addition, each person convicted of a violation of this section shall pay restitution to the department of not less than two hundred dollars nor more than five hundred dollars for each deer that is the subject of a violation of this section. Upon conviction, any firearm or archery device used in the violation of this section is forfeited to the department. Public notice of sale must be announced through a departmental news release, posted notice on department electronic media, and posted at the department headquarters office.

 

SECTION 2.  Section 50-11-740 of the S.C. Code is amended to read:

 

    Section 50-11-740. (A) Every vehicle, boat, trailer, other means of conveyance, animal, firearm, archery device, primitive weapon, or device used to aid in the hunting of deer, bear, or turkey at night is forfeited to the State and mustshall be seized by any peace officer who shall forthwith deliver it to the department.

    (B) "Hunting" as used in this section in reference to a vehicle, boat, or other means of conveyance includes the transportation of a hunter to or from the place of hunting or the transportation of the carcass, or any part of the carcass, of a deer, bear, or turkey which has been unlawfully killed at night."Device used to aid in hunting" as used in this section includes, but is not limited to, scopes, electronic vision enhancement devices, and/or decoys. Device does not include vehicles, vessels, or trailers.

    (C)(1) For purposes of this section, upon a conviction for unlawfully hunting deer, bear, or turkey at night is conclusive as against any owner of the above mentioned property, the above-mentioned firearms, archery equipment, or devices used to aid in the hunting shall be forfeited to the State.

       (2) In all other instances, forfeiture must be accomplished by the initiation by the State of an action in the circuit court in the county in which the property was seized giving notice to owners of record and lienholders of record or other persons having claimed an interest in the property subject to forfeiture and an opportunity to appear and show, if they can, why the property should not be forfeited and disposed of as provided for by this section. Failure of any person claiming an interest in the property to appear at the above proceeding after having been given notice of the proceeding constitutes a waiver of his claim and the property must be immediately forfeited to the State.

       (3) Notice of the above proceedings must be accomplished by:

           (a) personal service of the owner of record or lienholder of record by certified copy of the petition or notice of hearing;  or

           (b) in the case of property for which there is no owner or lienholder of record, publication of notice in a newspaper of local circulation in the county where the property was seized for at least two successive weeks before the hearing.

    (D) The department shall sell any confiscated device at public auction for cash to the highest bidder in front of the county courthouse in the county where it is confiscated, after having given ten days' public notice of the sale by posting advertisement thereof on the door or bulletin board of the county courthouse or by publishing the advertisement at least once in a newspaper of general circulation in the county.Upon conviction, any firearm, archery device, primitive weapon, or other device used in the violation of this section is forfeited to the department for departmental conversion or to be sold at a public auction upon conviction. Public notice of sale will be announced through a departmental news release, posted notice on departmental electronic media, and posted at the department headquarters office.

    (E)(1) If an individual is apprehended for a first offense and the device is of greater value than two thousand five hundred dollars, the owner may at any time before sale redeem it by paying to the department the sum of two thousand five hundred dollars. When the device is of lesser value than two thousand five hundred dollars, the owner may at any time before sale redeem it by paying to the department the retail market value.

       (2) If an individual is apprehended for a second offense and the device is of greater value than five thousand dollars, the owner may, at any time before sale, redeem it by paying to the department the sum of five thousand dollars. When the device is of lesser value than five thousand dollars, the owner may, at any time before sale, redeem it by paying to the department the retail market value.

       (3) If an individual is apprehended for a third or subsequent offense, the device must be forfeited to the State.

    (F) Upon sale or redemption of a confiscated device, the department shall pay over the net proceeds, after payment of any proper costs and expenses of the seizure, advertisement, and sale, including any proper expense incurred for the storage of the confiscated device, to the State Treasurer for deposit in the County Game and Fish Fund.

 

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

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