Journal of the Senate
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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Printed Page 2000 . . . . . Thursday, April 25, 1996
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.

The Agriculture and Natural Resources Committee proposed the following amendment (DKA\3709AC.96), which was adopted:

Amend the bill, as and if amended, by deleting SECTION 1 and inserting:

/SECTION 1. The 1976 Code is amended by adding:

"Section 47-1-210. (A) It is unlawful to give away a live animal including, but not limited to, a fish, bird, fowl, or reptile, as a prize for, or as an inducement to enter, any contest, game, or other competition, or as an inducement to enter a place of amusement, or for these species as an incentive to enter into any business agreement if the offer made was for the purpose of attracting trade.

(B) Nothing in this section may be construed to prohibit an auction or raffle of a live animal including, but not limited to, a fish, bird, fowl, or reptile.

(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished for each separate offense by a fine not to exceed three hundred dollars or imprisonment not to exceed thirty days, or both.

(D) This section does not apply when a live animal is given away by an individual or organization operating in conjunction with a cooperative extension education program or agricultural vocational program sanctioned by the State Department of Education."/

Amend title to conform.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

S. 1013--Ordered to a Third Reading

On motion of Senator McCONNELL, with unanimous consent, S. 1013 was ordered to receive a third reading on Friday, April 26, 1996.

AMENDED, READ THE SECOND TIME

S. 1049 -- Senator Rankin: A BILL TO AMEND SECTION 23-6-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING

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TO COMPOSITION OF THE SOUTH CAROLINA PUBLIC SAFETY COORDINATING COUNCIL, SO AS TO EXPAND THE MEMBERSHIP TO INCLUDE A VICTIM REPRESENTATIVE.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

The Judiciary Committee proposed the following amendment (JUD1049.001), which was adopted:

Amend the bill, as and if amended, page 1, line 38, in Section 23-6-510(8), as contained in SECTION 1, after the word /representative/ by inserting therein the following:

/appointed by the Governor for a term of four years/.

Amend title to conform.

Senator COURTNEY explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

S. 1049--Ordered to a Third Reading

On motion of Senator COURTNEY, with unanimous consent, S. 1049 was ordered to receive a third reading on Friday, April 26, 1996.

COMMITTEE AMENDMENT ADOPTED, READ THE SECOND

TIME, PASSED BY "AYES" AND "NAYS"

S. 1050 -- Senators McConnell, Lander, Giese and Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, BY ADDING SECTION 24 SO AS TO PROVIDE FOR THE "VICTIMS' BILL OF RIGHTS"; AND ALSO PROPOSING AN AMENDMENT TO SECTION 15, ARTICLE I OF THE CONSTITUTION, RELATING TO THE RIGHT OF BAIL, CRUEL OR UNUSUAL PUNISHMENT, AND DETENTION OF WITNESSES, SO AS TO PROVIDE THAT BAIL MAY BE DENIED TO PERSONS CHARGED WITH VIOLENT OFFENSES.

The Senate proceeded to a consideration of the Resolution. The question being the adoption of the amendment proposed by the Committee on Judiciary.

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The Judiciary Committee proposed the following amendment (JUD1050.001), which was adopted:

Amend the joint resolution, as and if amended, page 1, line 39, in Section 24, as contained in SECTION 1, before the word /informed/ by inserting the word /reasonably/.

Amend title to conform.

Senator COURTNEY explained the amendment.

The amendment was adopted.

Senator McCONNELL moved that the text of the Joint Resolution be printed upon the pages of the Journal and the Bill be ordered to receive a second reading:

S. 1050 -- Senators McConnell, Lander, Giese and Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, BY ADDING SECTION 24 SO AS TO PROVIDE FOR THE "VICTIMS' BILL OF RIGHTS"; AND ALSO PROPOSING AN AMENDMENT TO SECTION 15, ARTICLE I OF THE CONSTITUTION, RELATING TO THE RIGHT OF BAIL, CRUEL OR UNUSUAL PUNISHMENT, AND DETENTION OF WITNESSES, SO AS TO PROVIDE THAT BAIL MAY BE DENIED TO PERSONS CHARGED WITH VIOLENT OFFENSES.

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

SECTION 1. It is proposed that Article I of the Constitution of this State be amended by adding:

"Section 24. (A) To preserve and protect victims' rights to justice and due process regardless of race, sex, age, religion, or economic status, victims of crime have the right to:

(1) be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse, throughout the criminal and juvenile justice process, and informed of the victim's constitutional rights, provided by statute;

(2) be reasonably informed when the accused or convicted person is arrested, released from custody, or has escaped;

(3) be informed of and present at any criminal proceedings which are dispositive of the charges where the defendant has the right to be present;

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(4) be reasonably informed of and be allowed to submit either a written or oral statement at all hearings affecting bond or bail;

(5) be heard at any proceeding involving a post-arrest release decision, a plea, or sentencing;

(6) be reasonably protected from the accused or persons acting on his behalf throughout the criminal justice process;

(7) confer with the prosecution, after the crime against the victim has been charged, before the trial or before any disposition and informed of the disposition;

(8) have reasonable access after the conclusion of the criminal investigation to all documents relating to the crime against the victim before trial;

(9) receive prompt and full restitution from the person or persons convicted of the criminal conduct that caused the victim's loss or injury including both adult and juvenile offenders;

(10) be informed of any proceeding when any post-conviction action is being considered, and be present at any post-conviction hearing involving a post-conviction release decision;

(11) a reasonable disposition and prompt and final conclusion of the case;

(12) have all rules governing criminal procedure and the admissibility of evidence in all criminal proceedings protect victims' rights and have these rules subject to amendment or repeal by the legislature to ensure protection of these rights.

(B) Nothing in this section creates a civil cause of action on behalf of any person against any public employee, public agency, the State, or any agency responsible for the enforcement of rights and provision of services contained in this section. The rights created in this section may be subject to a writ of mandamus, to be issued by any justice of the Supreme Court or circuit court judge to require compliance by any public employee, public agency, the State, or any agency responsible for the enforcement of the rights and provisions of these services contained in this section, and a wilful failure to comply with a writ of mandamus is punishable as contempt.

(C) For purposes of these section:

(1) A victim's exercise of any right granted by this section is not grounds for dismissing any criminal proceeding or setting aside any conviction or sentence.

(2) `Victim' means a person who suffers direct or threatened physical, psychological, or financial harm as the result of the commission or attempted commission of a crime against him. The term `victim' also

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includes the person's spouse, parent, child, or lawful representative of a crime victim who is deceased, who is a minor or who is incompetent or who was a homicide victim or who is physically or psychologically incapacitated.

(3) The General Assembly has the authority to enact substantive and procedural laws to define, implement, preserve, and protect the rights guaranteed to victims by this section, including the authority to extend any of these rights to juvenile proceedings.

(4) The enumeration in the Constitution of certain rights for victims shall not be construed to deny or disparage others granted by the General Assembly or retained by victims."

SECTION 2. The proposed amendment in Section 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Article I of the Constitution of this State, relating to the declaration of rights under the state's Constitution, be amended so as to add the `Victims' Bill of Rights' which provides that a crime victim shall have the right to be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse throughout the criminal and juvenile justice process?

Yes []

No []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."

SECTION 3. It is proposed that Section 15, Article I of the Constitution of this State be amended to read:

"Section 15. All persons shall be, before conviction, be bailable by sufficient sureties, but bail may be denied to persons charged with capital offenses or offenses punishable by life imprisonment, or with violent offenses defined by the General Assembly, giving due weight to the evidence and to the nature and circumstances of the event. Excessive bail shall not be required;, nor shall excessive fines be imposed;, nor shall cruel, nor corporal, nor unusual punishment be inflicted;, nor shall witnesses be unreasonably detained."

SECTION 4. The proposed amendment in Section 3 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

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"Must Section 15 of Article I of the Constitution of this State, relating to the right of bail, cruel and unusual punishment, and detention of witness, be amended so as to provide that bail may be denied to persons charged with violent offenses as defined by the General Assembly?

Yes []

No []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."

-----XX-----

The question then was the second reading of the Joint Resolution.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 45; Nays 0

AYES
Alexander           Boan                Bryan
Cork                Courson             Courtney
Drummond            Elliott             Fair
Ford                Giese               Glover
Gregory             Hayes               Holland
Jackson             Land                Lander
Leatherman          Leventis            Martin
Matthews            McConnell           McGill
Mescher             Moore               O'Dell
Passailaigue        Patterson           Peeler
Rankin              Reese               Richter
Rose                Russell             Ryberg
Saleeby             Setzler             Short
Smith, G.           Smith, J.V.         Thomas
Waldrep             Washington          Wilson
TOTAL--45

NAYS
TOTAL--0







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There being no further amendments, the Joint Resolution was read the second time, passed and ordered to a third reading.



S. 1050--Ordered to a Third Reading



On motion of Senator COURTNEY, with unanimous consent, S. 1050 was ordered to receive a third reading on Friday, April 26, 1996.



AMENDED, READ THE SECOND TIME



S. 1073 -- Senator McGill:  A BILL TO AMEND SECTION 16-13-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THEFT OF ELECTRIC CURRENT, SO AS TO ADD A PENALTY FOR A SECOND OR SUBSEQUENT OFFENSE.


The Senate proceeded to a consideration of the Bill.  The question being the adoption of the amendment proposed by the Committee on Judiciary.


The Judiciary Committee proposed the following amendment (JUD1073.001), which was adopted:


Amend the bill, as and if amended, page 1, line 32, in Section 16-13-380, as contained in SECTION 1, by striking the word /one/ and inserting therein:


/one five/.


Amend title to conform.


Senator COURTNEY explained the amendment.


There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.



S. 1073--Ordered to a Third Reading



On motion of Senator COURTNEY, with unanimous consent, S. 1073 was ordered to receive a third reading on Friday, April 26, 1996.



AMENDED, READ THE SECOND TIME



S. 1197 -- Senators Drummond and Land:  A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-845 SO AS TO REQUIRE NONRESIDENTS OWNING OR OPERATING SHAD NETS IN THE SAVANNAH RIVER TO BE LICENSED AND TO PROVIDE PENALTIES; TO AMEND CHAPTER 9, TITLE 50, AS AMENDED, RELATING TO HUNTING, FISHING, AND TRAPPING LICENSES, SO AS TO REVISE CURRENT LAW TO 



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PROVIDE FOR A UNIFORM SYSTEM OF LICENSING FOR FRESHWATER FISHERIES AND WILDLIFE, TO PROVIDE FOR HUNTER EDUCATION PROGRAMS, AND TO PROVIDE FOR THE DISBURSAL OF REVENUE FROM LICENSES AND PERMITS; TO AMEND SECTION 50-11-2200, AS AMENDED, RELATING TO THE PROHIBITION ON HUNTING DEER ON WILDLIFE MANAGEMENT AREA LANDS, SO AS TO PROVIDE FOR A WILDLIFE MANAGEMENT AREA PROGRAM; TO AMEND SECTION 50-20-60, AS AMENDED, RELATING TO EXEMPTIONS FROM MARINE RECREATIONAL FISHING STAMP REQUIREMENTS, SO AS TO REVISE THE EXEMPTIONS; AND TO REPEAL SECTION 50-1-150 RELATING TO THE DISPOSITION OF HUNTING AND FISHING FINES, FORFEITURES, AND FEES, SECTION 50-1-170 RELATING TO THE DISPOSITION OF FINES COLLECTED IN BEAUFORT COUNTY FOR VIOLATIONS OF FISH AND GAME LAWS, SECTION 50-1-230 RELATING TO THE USE OF FUNDS COLLECTED IN THE SANTEE COOPER AREA, SECTION 50-11-2240 RELATING TO HUNTING DEER IN GAME MANAGEMENT AREAS IN GAME ZONE FIVE, AND SECTION 50-13-1140 RELATING TO THE AUTHORIZATION TO FISH FOR NONGAME FISH UNDER CERTAIN CIRCUMSTANCES.


The Senate proceeded to a consideration of the Bill.  The question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.


The Fish, Game and Forestry Committee proposed the following amendment (1197R005.HSP), which was adopted:


Amend the bill, as and if amended, page 24, line 13, by striking / combination /.


Amend the bill further, as and if amended, page 24, line 15, by inserting after / game / the following:


/, hunting on wildlife management area lands,/.


Amend the bill, as and if amended, page 24, by striking lines 17 through 28 and inserting the following:


/(16)  A person who has been a domiciled resident of South Carolina for at least one year and who is determined to be totally disabled under a program for Social Security, federal civil service, the South Carolina State Retirement System, the Railroad Retirement Board, the Veterans Administration, or Medicaid assistance may obtain a statewide fishing and hunting license at no cost.  This license includes the privilege of hunting 



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big game, hunting on wildlife management area lands, and state migratory waterfowl and of saltwater fishing. It must be issued by the department from its Columbia office only and is valid for three years.  Disability recertification is required for renewal, provided that any person with quadriplegia or paraplegia who is certified as totally disabled will not have to obtain a disability recertification.  To recertify, applicant must furnish proof, in the manner determined by the department, that he or she is currently receiving disability benefits./

Amend the bill further, as and if amended, page 26, by striking lines 5 through 11.


Amend the bill further, as and if amended, page 26, after line 23, by adding the following:


/Section 50-9-550.  It is unlawful for any resident of the State to fish in any of the waters of this State described in this section with nonmanufactured tackle or natural bait unless he has first obtained a special `reservoirs, lakes, and streams freshwater permit'. No person licensed under the provisions of Sections 50-9-510(3), 50-9-510(4), or 50-9-540(A) is required to purchase a permit.


The permits must be obtained from the department at a fee of three dollars.  One dollar of the fee must be retained by the agent issuing the permit and the remaining portion of the proceeds of the sale of the permit must be remitted to the department and held in a separate fund for use in the protection and propagation of game and other fish within the waters described in this section in the counties adjacent to them.   The provisions of this section apply to the following bodies of water within this State:


(1) the waters or backwaters of the Catawba and Wateree Rivers within Chester, Fairfield, Kershaw, and Lancaster counties, except waters lying more than one hundred yards south of the Wateree Dam in Kershaw County;


(2) Lake Marion;


(3) Lake Moultrie, the Diversion Canal, and the Tail Canal;


(4) Lake Murray;


(5) all of the waters of the Savannah River between the Stevens Creek Dam and the highway bridge between Calhoun Falls, South Carolina, and Elberton, Georgia, including the waters impounded between Stevens Creek Dam and Clark Hill Dam;


(6) Keowee-Toxaway Lake in Oconee and Pickens counties;


(7) Lake Jocassee;


(8) Lake Greenwood;


(9) Hartwell Reservoir;


(10) Lake Richard B. Russell;



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(11) Lake Wiley;


(12) the Parr Hydroelectric Project Fish and Game Management Area:


(a) Parr Reservoir;


(b) Monticello Reservoir;


(c) Monticello Reservoir Sub-Impoundment.


(13) Lake Ashwood in Lee County.


The provisions of this section do not affect in any way any reciprocal agreement with the State of Georgia as to recognition of residents' fishing licenses or permits. Any person exempt from licensing requirements under Article 7 of this chapter is exempt from the requirement to purchase a permit as provided in this section.


Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than fifty  dollars nor more than two hundred dollars or by imprisonment for not more than thirty days./


Amend the bill further, as and if amended, page 32, line 16, by inserting at the end, before the / " / the following:


/The department may establish open and closed seasons, bag limits, and methods for hunting and taking wildlife on all wildlife management areas./.


Renumber sections to conform.


Amend title to conform.


Senator PEELER explained the amendment.


There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.



S. 1197--Ordered to a Third Reading



On motion of Senator COURTNEY, with unanimous consent, S. 1197 was ordered to receive a third reading on Friday, April 26, 1996.



AMENDED, READ THE SECOND TIME



S. 1198 -- Senator Alexander:  A BILL TO AMEND SECTION 4-9-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT, POWERS, AND DUTIES OF COUNTY CODE ENFORCEMENT OFFICERS, SO AS TO LIMIT THE SCOPE OF THEIR DUTIES.




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