§ 50-15-80 — Penalties; searches and seizures; power to arrest; disposition of confiscated property.

South Carolina § 50-15-80

• Jurisdiction: South Carolina
• Title 50: FISH, GAME AND WATERCRAFT
• Ch. 15: NONGAME AND ENDANGERED SPECIES

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(A) A person who violates Section 50-15-15, 50-15-20, or 50-15-70, or who fails to procure or violates the terms of a permit issued under a regulation promulgated pursuant to these sections, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than thirty days, or both. (B) A person who violates Section 50-15-30(C), Section 50-15-55, or a regulation promulgated pursuant to these sections, or who fails to procure or violates the terms of a permit issued pursuant to Section 50-15-40(D) or (E), is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned not more than one year, or both. (C)(1) The magistrates court has concurrent jurisdiction over violations of Sections 50-15-15, 50-15-20, 50-15-30, 50-15-40(D) and (E), 50-15-55, 50-15-70, and regulations promulgated pursuant to these sections. (2) Each individual animal not covered by a legal exemption or authorization by the department is considered a separate violation. The court may order restitution for a violation of Section 50-15-15, 50-15-20, 50-15-30, 50-15-40(D) and (E), 50-15-55, or 50-15-70. (3) Upon the conviction of a violator, the department must revoke any permits issued pursuant to this chapter, and the violator is prohibited from applying to obtain another permit from the department directly or indirectly for a period of two years following the conviction. (D) An enforcement officer employed and authorized by the department or a police officer of the State or a municipality or county within the State may conduct searches as provided by law and execute a warrant to search for and seize equipment, business records, merchandise, or wildlife taken, used, or possessed in connection with a violation of this article. The officer or agency, without a warrant, may arrest a person who the officer or agent has probable cause to believe is violating, in his presence or view, the article or a regulation or permit provided for by it. An officer or agent who has made an arrest of a person in connection with a violation may search the person or business records at the time of arrest and seize wildlife, records, or property taken or used in connection with the violation. (E) Equipment, merchandise, wildlife, or records seized under subsection (D) must be held by an officer or agent of the department pending disposition of court proceedings and forfeited to the State for destruction or disposition as the department considers appropriate. Before forfeiture, the department may direct the transfer of wildlife seized to a qualified zoological, educational, or scientific institution for safekeeping. The costs of holding the confiscated wildlife and items are assessable to the defendant upon conviction. The department may promulgate regulations to implement this subsection.

Legislative History

HISTORY: 1962 Code SECTION 28-732; 1974 (58) 2384; 1985 Act No. 25, SECTION 1; 1993 Act No. 181, SECTION 1264; 1994 Act No. 386, SECTION 3; 2004 Act No. 246, SECTION 3; 2008 Act No. 179, SECTION 3, eff February 19, 2008; 2014 Act No. 159 (S.714), SECTION 1, eff April 14, 2014; 2020 Act No. 177 (H.4831), SECTION 7, eff September 28, 2020. Effect of Amendment The 2008 amendment, in subsection (A), substituted "A person who violates Section 50-15-30" for "A person who violates Section 50-15-50(F), Section 50-15-30, or regulations promulgated pursuant to Section 50-15-30". 2014 Act No. 159, SECTION 1, in subsection (A), substituted "50-15-20" for "50-15-30"; in subsection (B), substituted "50-15-30(C)" for "50-15-40(c)", and substituted "pursuant to Section 50-15-40(D)" for "under Section 50-15-50(D)"; and in subsection (C), twice substituted "article" for "chapter". 2020 Act No. 177, SECTION 7, rewrote the section.