20.0343 Violation-Penalty.

Cite as [A.S.C.A. § 20.0343]

(a) Any person violating any of the provisions of this chapter, or of the rules and regulations adopted and promulgated pursuant to this chapter, shall be fined not more than $1,000 or imprisoned not more than one year, or both; provided that in addition to, or as a condition to the suspension of the fines and penalties, the court may deprive the offender of the privilege of operating any vessel, in the waters of the Territory for a period not more than two years.

(b) Except when required by Territorial law to take the purported violator immediately before a district judge a person arrested for a violation of any provision of this chapter including any rule or regulation adopted and promulgated pursuant to this chapter, the enforcement officer, upon arresting a person for violation of any provision herein, including any rule or regulation adopted and promulgated pursuant to this chapter shall, in the discretion of the enforcement officer, either (1) issue a summons or citation to the purported violator to appear and answer to the charge against him or her at a certain place and at a time within fourteen days after such arrest, or (2) where there is a possibility that the purported violator may flee the Territory of American Samoa and that there is a likelihood that he or she will not make the appearance within the time and place as stated in the summons or citation, the enforcement officer shall take the purported violator without unnecessary delay before a district judge for arraignment and a bail to assure his appearance may be set by the district judge.

Said summons or citation shall be printed in a form comparable to the form of summons and citations used for arresting offenders in traffic cases in American Samoa. The form and content of such summons or citation shall be adopted or prescribed by the commissioner of public safety or his authorized representatives.

The original of a summons or citation shall be given to the purported violator and the other copy or copies shall be filed with the District Court and the Department of Public Safety. The District Court may prescibe alternative methods of distribution for the original and any other copies.

Summonses and citations shall be consecutively numbered and the carbon copy or copies of each shall bear the same number.

Any person who fails to appear at the place and within the time specified in the summons or citation issued to the person by the enforcement officer, upon the person's arrest for violation of any provision of this chapter, including any rule and regulation promulgated pursuant to this chapter, shall be guilty of misdemeanor and, on condition shall be fined not more than $1,000 or be imprisoned not more than six months, or both.

In the event any person fails to comply with a summons or citation issued to such person, or if any person fails or refuses to deposit bail as required, the enforcement officer shall cause a complaint to be entered against such person and secure the issuance of warrant for that person's arrest. When a complaint is made to any prosecuting officer of the violation of any provision of this chapter, including any rule or regulation promulgated thereunder, the enforcement officer who issued the summons or citation shall subscribe to it under oath administered by another official of the Department of Public Safety or officials of the High Court or District Court who has been appointed and authorized by the Governor of American Samoa to administer oaths and take acknowledgements.

History: 1966, PL 9-35;amd 1980, PL 16-90 § 49;amd 1983, PL 18-19 § 6; amd 1993, PL 23-9.

Amendments: 1980 Amended to conform with penalties provided for in Title 46,Criminal Justice. 1983 Amended to include penalties for new sections.