A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-11-600, RELATING TO NOTICES OF TRESPASSING, SO AS TO PROVIDE THAT ENCLOSING LAND WITH A FENCE CONSTITUTES THE POSTING OF NOTICE; BY AMENDING SECTION 16-11-620, RELATING TO ENTERING PREMISES AFTER WARNING OR REFUSING TO LEAVE ON REQUEST, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON TO ENTER INTO A DWELLING HOUSE WITHOUT AUTHORIZATION, INVITATION, OR LEGAL CAUSE; AND BY AMENDING SECTION 16-11-640, RELATING TO UNLAWFUL ENTRY INTO ENCLOSED PLACES, SO AS TO PROHIBIT A PERSON WHO IS NOT AN OCCUPANT, OWNER, OR INVITEE FROM ENTERING ANY PRIVATE PROPERTY ENCLOSED BY WALLS OR FENCES.

 

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

 

SECTION 1.  Section 16-11-600(B) of the S.C. Code is amended to read:

 

    (B) The owner or tenant of any lands may accomplish the posting of notice as follows:

       (1) by posting a notice in four conspicuous places on the borders of such land prohibiting entry thereon;  or

       (2) by enclosing the land with a fence; or

       (3) by marking boundaries with a clearly visible purple-painted marking, consisting of one vertical line not less than eight inches in length and two inches in width, and the bottom of the mark not less than three nor more than six feet from the ground or normal water surface.  These marks must be affixed to immovable, permanent objects that are not more than one hundred yards apart and readily visible to any person approaching the property.

 

SECTION 2.  Section 16-11-620 of the S.C. Code is amended to read:

 

    Section 16-11-620. (A) It is unlawful for any person toAny person who, without authorization, invitation, or legal cause or good excuse, knowingly enters enter into the dwelling house, as defined by Section 16-11-10;, place of business;, or on the premises of another person after having been warned not to do so or any structure; or premises of another person.

    (B) It is unlawful for any person whoto, having entered into the dwelling house, as defined by Section 16-11-10;, place of business;, structure; or premises of another person, or on the premises of another person without having been warned fails and refuses, without good cause or good excuselegal cause, to leave immediately upon being ordered or requested to do so by the person in possession or his agent or representative.

    (C) It is unlawful for any person to enter or remain in a dwelling house, as defined by Section 16-11-10;, place of business;, structure; or premises of another person after having been warned not to do so.

    (D) A person violating the provisions of this section shall, on conviction, for a first offense be deemed guilty of a misdemeanor and fined not more than two hundred dollars or be imprisoned for not more than thirty days; for a second offense, be fined not more than five hundred dollars or be imprisoned for not more than ninety days; for a third and subsequent offense, be fined not more than one thousand dollars and be imprisoned for not more than one year.

    (E) All municipal courts of this State as well as those of magistrates may try and determine criminal cases involving violations of this section occurring within the respective limits of such municipalities and magisterial districts.  All peace officers of the State and its subdivisions shall enforce the provisions hereof within their respective jurisdictions.

    (F) The provisions of this section shall be construed as being in addition to, and not as superseding, any other statutes of the State relating to trespass or entry on lands of another.

 

SECTION 3.  Section 16-11-640 of the S.C. Code is amended to read:

 

    Section 16-11-640. It shall be unlawful for any person not an occupant, owner, or invitee to enter any private property enclosed by walls or fences with closed gates or any building as defined in Section 16-11-310 on private propertybetween the hours of six P.M. and six A.M. The provisions of this section shall not apply to any justifiable emergency entry or to premises which are not posted with clearly visible signs prohibiting trespass upon the enclosed premises.  The provisions of this section are supplemental to existing law relating to trespass and punishment therefor.  Any person who violates the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than twenty-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.

 

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

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