Bill Text: SC H3079 | 2019-2020 | 123rd General Assembly | Amended


Bill Title: Trespassing

Spectrum: Slight Partisan Bill (Republican 6-2)

Status: (Engrossed) 2019-05-08 - Read second time [H3079 Detail]

Download: South_Carolina-2019-H3079-Amended.html

AMENDED

May 8, 2019

H. 3079

Introduced by Reps. Pope, Burns, Bryant, Clyburn, Yow, Brown, Hixon and Forrest

S. Printed 5/8/19--S.

Read the first time April 9, 2019.

            

A BILL

TO AMEND SECTION 16-11-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRESPASSING AND THE POSTING OF NOTICE OF TRESPASSING, SO AS TO ALLOW FOR A DIFFERENT METHOD OF THE POSTING OF NOTICE OF TRESPASSING INVOLVING CLEARLY VISIBLE PURPLE-PAINTED BOUNDARIES.

Amend Title To Conform

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

SECTION    1.    Section 16-11-600 of the 1976 Code is amended to read:

"Section 16-11-600.    (A)    Every entry upon the lands of another where any horse, mule, cow, hog, or any other livestock is pastured, or any other lands of another, after notice from the owner or tenant has been posted prohibiting such entry, shall be is a misdemeanor and must be punished by a fine of not to exceed more than one hundred dollars, or by imprisonment with hard labor on the public works of the county for not exceeding more than thirty days. When any owner or tenant of any lands shall post a notice in four conspicuous places on the borders of such land prohibiting entry thereon, a proof of the posting shall be deemed and taken as notice conclusive against the person making entry, as aforesaid, for the purpose of trespassing.

(B)    The owner or tenant of any lands may accomplish the required 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 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 including, but not limited to, trees and fence posts, that are not more than one hundred yards apart and readily visible to any person approaching the property. The provisions of this subsection relating to purple-painted markings shall not apply to any property within the limits of a municipality.

(C)    When any owner or tenant of any lands shall post a notice as provided in this section, a proof of the posting is deemed and taken as notice conclusive against the person making entry for the purpose of trespassing."

SECTION    2.    This act takes effect upon approval by the Governor.

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