Bill 756

                    Current Status

Bill Number:               756
Ratification Number:       599
Act Number                 530
Introducing Body:          Senate
Subject:                   Relating to the offense of
                           littering

(A530, R599, S756)

AN ACT TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO PROHIBIT THE SUSPENSION OF FINES IMPOSED UPON CONVICTION AND TO REQUIRE PERSONS CONVICTED TO PAY, IN ADDITION TO ANY FINE, A FEE OF TWENTY-FIVE DOLLARS, TO PROVIDE THAT THE REVENUE DERIVED FROM THE FEE MUST BE CREDITED TO THE COUNTY GENERAL FUND FOR USE IN SUPERVISING PERSONS PERFORMING PUBLIC SERVICE FOLLOWING CONVICTION FOR LITTERING, AND TO AMEND THE 1976 CODE BY ADDING SECTION 24-13-65 SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO PROVIDE PRISONERS NOT ENGAGED IN USEFUL PRISON OCCUPATION FOR COUNTY AND MUNICIPAL LITTER CONTROL PROJECTS.

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

Violations

SECTION 1. Section 16-11-700(C) of the 1976 Code, as amended by Act 135 of 1987, is further amended to read:

"(C)(1) Any person violating the provisions of this section is guilty of a misdemeanor and upon conviction must be fined not less than one hundred dollars nor more than two hundred dollars for each offense. In addition to any fine and for each offense under the provisions of this item, the court must also impose a minimum of five hours of litter-gathering labor or other such public service as the court may order because of physical or other incapacities, and which is under the supervision of the court.

(2) The fine for a deposit of a collection of litter or garbage in an area or facility not intended for public deposit of litter or garbage is two hundred dollars. The provisions of this item apply to a deposit of litter or garbage, as defined in Section 44-67-30(4), in an area or facility not intended for public deposit of litter or garbage, but this does not prohibit a private property owner from depositing litter or garbage as a property enhancement if the depositing does not violate applicable local or state health and safety regulations. In addition to any fine and for each offense under the provisions of this item the court must also impose a minimum of five hours of litter-gathering labor or other such public service as the court may order because of physical or other incapacities, and which is under the supervision of the court.

(3) No part of any fine imposed pursuant to items (1) or (2) of this subsection may be suspended.

(4) The court, in lieu of payment of the monetary fine imposed for a violation of this section, may direct the substitution of additional litter-gathering labor, or other such public service as the court may order because of physical or other incapacities, under the supervision of the court, not to exceed one hour for each five dollars of fine imposed.

(5) For a second conviction under the provisions of items (1) or (2) of this subsection, a minimum of twenty hours of community service must be imposed in addition to any fine.

(6) In addition to any other punishment authorized by this section, in the discretion of any court in which conviction is obtained, the person may be directed by the judge to pick up and remove from any public place or any private property, with prior permission of the legal owner upon which it is established by competent evidence that the person has deposited litter, all litter deposited on the place or property by anyone before the date of execution of sentence.

(7) Notwithstanding any other provision of law, magistrates and municipal courts have jurisdiction to try violations of this section."

Prisoners

SECTION 2. Article 1, Chapter 13, Title 24 of the 1976 Code is amended by adding:

"Section 24-13-65. The Department of Corrections shall provide prisoners not otherwise engaged in a useful prison occupation for litter control projects proposed by counties and municipalities."

Additional fee

SECTION 3. Section 16-11-700 of the 1976 Code, as amended by Act 135 of 1987, is further amended by adding a new subsection (D) to read:

"(D) In addition to the fines provided for in subsection (C) of this section, a fee of twenty-five dollars is assessed to all persons convicted or pleading guilty or nolo contendere for violating the provisions of this section. This fee goes to the county general fund and must be used to defray the cost of supervising those persons who have been ordered to do public service pursuant to the provisions of this section."

Time effective

SECTION 4. This act takes effect upon approval by the Governor.