South Carolina General Assembly
114th Session, 2001-2002

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Bill 1204


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      1204
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20020410
Primary Sponsor:                  Gregory
All Sponsors:                     Gregory
Drafted Document Number:          l:\council\bills\swb\5301djc02.doc
Residing Body:                    House
Date of Last Amendment:           20020423
Subject:                          Negligent use of firearms or archery 
                                  tackle, delete references to "criminal 
                                  negligence", further define 
                                  "negligence", provisions for 
                                  violations


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20020424  Read third time, sent to House
------  20020424  Scrivener's error corrected
Senate  20020423  Read second time
Senate  20020423  Committee amendment adopted
------  20020419  Scrivener's error corrected
Senate  20020418  Committee report: Favorable with       07 SFGF
                  amendment
Senate  20020410  Introduced, read first time,           07 SFGF
                  referred to Committee


              Versions of This Bill
Revised on April 18, 2002 - Word format
Revised on April 19, 2002 - Word format
Revised on April 23, 2002 - Word format
Revised on April 24, 2002 - Word format

View additional legislative information at the LPITS web site.


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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

April 23, 2002

    S. 1204

Introduced by Senator Gregory

S. Printed 4/23/02--S.    [SEC 4/24/02 2:35 PM]

Read the first time April 10, 2002.

            

A BILL

TO AMEND SECTION 50-1-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NEGLIGENT USE OF FIREARMS OR ARCHERY TACKLE, SO AS TO DELETE REFERENCES TO "CRIMINAL NEGLIGENCE", TO FURTHER DEFINE "NEGLIGENCE", AND TO PROVIDE THAT A PERSON MUST LOSE THE PRIVILEGE TO HUNT FOR TWO YEARS FOR CERTAIN VIOLATIONS OF THIS SECTION.

    Amend Title To Conform

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

SECTION    1.    Section 50-1-85 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

    "Section 50-1-85.    It is unlawful for any person to use a firearm or archery tackle while in preparation for, engaged in the act of, or returning from hunting in a criminally reckless manner. Criminal negligence Recklessness is defined as the reckless disregard for the safety of others or their property.

    A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be:

    (1)    in a case where no personal injury or property damage occurs, fined not more than two hundred dollars or imprisoned for not more than thirty days;

    (2)    in the case of property damage only, fined not more than one thousand dollars nor less than five hundred dollars or imprisoned for not more than six months, and the court must order restitution to the owner of the property;

    (3)    in the case of bodily injury to another, fined not less than five hundred dollars nor more than two thousand five hundred dollars or imprisoned for not more than two years; if the bodily injury results in disfigurement, total or partial permanent disability, be imprisoned for not less than sixty days nor more than two years;

    (4)    in the case of death, be imprisoned for not less than three months nor more than three years.

    No part of the minimum fines and penalties provided in this section may be suspended by any court in this State.

    In addition to the criminal penalties provided above, the department must seize immediately the license of a person charged under this section and, upon conviction, the hunting privileges of a person convicted under item (1) or (2) above must be suspended for one year. A person convicted under item (2) of this section must lose the privilege to hunt for two years. A person convicted under item (3) of this section shall lose his privilege to hunt for three years, and a person convicted under item (4) of this section shall lose the privilege of hunting for five years.

    A person convicted of hunting while his license is suspended under the provisions of this section must be fined not less than five hundred dollars nor more than two thousand five hundred dollars or imprisoned for not more than two years and shall have his hunting privileges suspended for an additional five years.

    The person may not obtain another hunting license until he has completed satisfactorily a hunter's safety program conducted by the department.

    All monetary penalties shall be remitted to the South Carolina Victim's Compensation Fund."

SECTION    2.    This act takes effect upon approval by the Governor.

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