South Carolina General Assembly
104th Session, 1981-1982

Bill 3835

                    Current Status

Bill Number:               3835
Ratification Number:       572
Act Number                 462
Introducing Body:          House
Subject:                   Relating to unlawfully taking turkeys and
                           unlawfully hunting deer from boats or other
                           water conveyances or at night
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A462, R572, H3835)

AN ACT TO AMEND SECTION 50-11-1050, AS AMENDED, SECTION 50-11-2080, SECTION 50-11-2090, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFULLY TAKING TURKEYS AND UNLAWFULLY HUNTING DEER FROM BOATS OR OTHER WATER CONVEYANCES OR AT NIGHT, SO AS TO PROVIDE FOR CIRCUIT COURT ACTIONS TO PROTECT INTERESTS OF RECORD OWNERS AND LIENHOLDERS OR OTHER PERSONS CLAIMING AN INTEREST IN PROPERTY SUBJECT TO FORFEITURE AND SALE FOR VIOLATION OF SUCH HUNTING STATUTES.

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

Conviction for unlawfully hunting turkeys

Section 1. Section 50-11-1050 of the 1976 Code, as last amended by Act 24 of 1981, is further amended by striking the last paragraph and inserting:

"For purposes of this section a conviction for unlawfully hunting turkeys is conclusive as against any convicted owner of the above mentioned property.

In all other instances forfeiture shall 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 thereof, shall constitute a waiver of his claim and the property shall be immediately forfeited to the State.

Notice of the above proceedings shall 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 a period of at least two successive weeks before the hearing.

Property constituted forfeited property by this section shall be sold under the same procedure prescribed in Section 50-11-2080."

Further

Section 2. Section 50-11-2080 of the 1976 Code is amended by adding before the last paragraph the following:

"For purposes of this section a conviction for unlawfully hunting deer from boats or other water conveyances is conclusive as against any convicted owner of the above mentioned property.

In all other instances forfeiture shall 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 thereof, shall constitute a waiver of his claim and the property shall be immediately forfeited to the State.

Notice of the above proceedings shall 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 a period of at least two successive weeks before the hearing."

Further

Section 3. Section 50-11-2090 of the 1976 Code is amended by adding at the end:

"For purposes of this section a conviction for unlawfully hunting deer at night is conclusive as against any convicted owner of the above mentioned property.

In all other instances forfeiture shall 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 thereof, shall constitute a waiver of his claim and the property shall be immediately forfeited to the State.

Notice of the above proceedings shall 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 a period of at least two successive weeks before the hearing.

Property constituted forfeited property by this section shall be sold under the same procedure prescribed in Section 50-11-2080."

Time effective

Section 4. This act shall take effect upon the approval by the Governor.