S.955 mandates that a ticket be issued instead of an arrest for the following offenses:

  • Cutting or removing timber without permission (if the value is less than $50)
  • Trespassing
  • Parking on private property
  • Possession of marijuana
  • Driving under suspension
  • Open container

This requirement only applies if the person has a driver’s license or identification card, and is not being charged with a separate offense.

This bill mandates the adoption of the ordinance summons by counties and municipalities for the enforcement of local ordinances (current law merely authorizes it).

Finally, this bill requires nonresident offenders to be released on their own recognizance instead of having to post bond or appear before a magistrate before leaving. This does not apply if the person doesn’t have a driver’s license or identification card, or is being charged with a separate offense.

The measures in this bill are reasonable and will lessen the cost burden of law enforcement on the county or municipality, and the proposed punishment is a better fit for the offenses named.

By South Carolina Policy Council

Since 1986 the South Carolina Policy Council Education Foundation has advocated innovative policy ideas that advance the principles of limited government and free enterprise. The Policy Council is the state’s meeting place for business leaders, policymakers, and academics – as well as engaged citizens – who want to see South Carolina become the most free state in the nation. For questions or comments on the articles on this website, please email Research Director Jamie Murguia.