Bill 3514

                    Current Status

Bill Number:               3514
Ratification Number:       361
Act Number:                328
Introducing Body:          House
Subject:                   Relating to night hunting generally and
                           night hunting for deer and the imposition of
                           points under the point system for violations
                           involving night hunting for deer

(A328, R361, H3514)

AN ACT TO AMEND SECTIONS 50-11-20, 50-11-25, AND 50-11-2090, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND ACT 401 OF 1978, AS AMENDED, RELATING TO NIGHT HUNTING GENERALLY AND NIGHT HUNTING FOR DEER AND THE IMPOSITION OF POINTS UNDER THE POINT SYSTEM FOR VIOLATIONS INVOLVING NIGHT HUNTING FOR DEER, SO AS TO PROVIDE THAT THE PROVISIONS OF THE STATUTES SHALL APPLY TO NIGHT HUNTING FOR BEAR.

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

Prima facie evidence

SECTION 1. The second paragraph of Section 50-11-20 of the 1976 Code is amended to read:

"The use at night of artificial lights, except vehicle headlights while traveling in a normal manner on a public road or highway, while in possession of or with immediate access to both ammunition of a type prohibited for use at night by this section and a weapon capable of firing such ammunition shall constitute prima facie evidence of night deer or bear hunting."

Penalties

SECTION 2. Section 50-11-25, added to the 1976 Code by Act 602 of 1978, is amended to read:

"Section 50-11-25. Notwithstanding the provisions of Section 50-11-20, which provides penalties for night hunting generally, any person convicted of the crime of night hunting for deer or bear must (1) for a first offense be fined not more than two thousand five hundred dollars or imprisoned as provided in Section 50-11-20; (2) for a second offense within two years of the first conviction be fined not less than five hundred dollars nor more than two thousand five hundred dollars or imprisoned as provided for a first offense; (3) for a third or subsequent offense within two years of a conviction for a second or subsequent offense be fined not less than six hundred dollars nor more than three thousand dollars or imprisoned as provided for a first offense."

Vehicle etc. forfeited and confiscated

SECTION 3. Section 50-11-2090 of the 1976 Code, as last amended by Act 462 of 1982, is further amended to read:

"Section 50-11-2090. Every vehicle, boat, animal, and firearm used in the hunting of deer or bear at night is hereby declared forfeited to the State and must be confiscated by any peace officer, who shall forthwith deliver it to the Director of the Division of Game or his duly authorized agent.

The term 'hunting' as used in this section in reference to a vehicle or boat shall include the transportation of a hunter to or from the place of hunting and the transportation of the carcass, or any part thereof, of a deer or bear which has been unlawfully killed at night.

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

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 have been given notice thereof, shall constitute a waiver of his claim and the property must be immediately forfeited to the State.

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 a period of at least two successive weeks before the hearing.

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

Hunting bears added to violations

SECTION 4. Item (b) of Subsection 2. HUNTING VIOLATIONS, of Section 1 of Act 401 of 1978 is amended to read:

"(b) Night hunting deer or bear...................18".

Time effective

SECTION 5. This act shall take effect upon approval by the Governor.