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COMMITTEE AMENDMENT ADOPTED AND AMENDED
February 1, 2017
S. 176
S. Printed 2/1/17--S. [SEC 2/2/17 2:54 PM]
Read the first time January 10, 2017.
TO AMEND CHAPTER 1, TITLE 24 OF THE 1976 CODE, RELATING TO THE DEPARTMENT OF CORRECTIONS, BY ADDING SECTION 24-1-300, TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE AN UNMANNED AERIAL VEHICLE WITHIN A CERTAIN DISTANCE OF A DEPARTMENT OF CORRECTIONS FACILITY WITHOUT WRITTEN CONSENT, AND TO PROVIDE PENALTIES FOR THE VIOLATION.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 24 of the 1976 Code is amended by adding:
"Section 24-1-300. (A) A person shall not operate an unmanned aerial vehicle within a horizontal distance of five hundred feet or a vertical distance of two hundred fifty feet from any Department of Corrections facility without written consent from the Director of the Department of Corrections.
(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.
(C)(1) In addition to the penalty provided in this section, an unmanned aerial vehicle involved in the violation of this section may be confiscated by the Department of Corrections. An unmanned aerial vehicle must not be disposed of in any manner until the results of any legal proceeding in which it may be involved are finally determined. Records must be kept of all confiscated unmanned aerial vehicles received by the Department of Corrections under the provisions of this section. Upon convinction pursuant to a violation of this section, the relevant unmanned aerial vehicle shall be placed in the custody of the South Carolina Law Enforcement Division.
(2) Any unmanned aerial vehicle confiscated pursuant to this section shall be administratively released to an innocent owner. The unmanned aerial vehicle must not be released to the innocent owner until the results of any legal proceedings in which the unmanned aerial vehicle may be involved are finally determined. Before the unmanned aerial vehicle may be released, the innocent owner shall provide the Department of Corrections with proof of ownership and shall certify that the innocent owner will not release the unmanned aerial vehicle to the person who was charged with the violation of this section that resulted in the confiscation of the unmanned aerial vehicle. The Department of Corrections shall notify the innocent owner when the unmanned aerial vehicle is available for release. If the innocent owner fails to recover the unmanned aerial vehicle within thirty days after notification of the release, the Department of Corrections may maintain or dispose of the unmanned aerial vehicle as otherwise provided in this section."
SECTION 2. Article 1, Chapter 5, Title 24 of the 1976 Code is amended by adding:
"Section 24-5-175. (A) A person shall not operate an unmanned aerial vehicle within a horizontal distance of five hundred feet or a vertical distance of two hundred fifty feet from any local detention facility without written consent from the jail administrator.
(B) A person who violates this section is guilty of a misdemeanor, and upon conviction, shall be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.
(C)(1) In addition to the penalty provided in this section, an unmanned aerial vehicle involved in the violation of this section may be confiscated by the jail administrator of a local detention facility. An unmanned aerial vehicle must not be disposed of in any manner until the results of any legal proceeding in which it may be involved are finally determined. Records must be kept of all confiscated unmanned aerial vehicles received by the jail administrator under the provisions of this section. Upon convinction pursuant to a violation of this section, the relevant unmanned aerial vehicle shall be placed in the custody of the South Carolina Law Enforcement Division.
(2) Any unmanned aerial vehicle confiscated pursuant to this section shall be administratively released to an innocent owner. The unmanned aerial vehicle must not be released to the innocent owner until the results of any legal proceedings in which the unmanned aerial vehicle may be involved are finally determined. Before the unmanned aerial vehicle may be released, the innocent owner shall provide the jail administrator with proof of ownership and shall certify that the innocent owner will not release the unmanned aerial vehicle to the person who was charged with the violation of this section that resulted in the confiscation of the unmanned aerial vehicle. The jail administrator shall notify the innocent owner when the unmanned aerial vehicle is available for release. If the innocent owner fails to recover the unmanned aerial vehicle within thirty days after notification of the release, the local detention facility may maintain or dispose of the unmanned aerial vehicle as otherwise provided in this section."
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on February 2, 2017 at 2:54 PM