South Carolina General Assembly
116th Session, 2005-2006
S. 626
STATUS INFORMATION
General Bill
Sponsors: Senators Hawkins and Leventis
Document Path: l:\council\bills\ms\7359ahb05.doc
Companion/Similar bill(s): 1241
Introduced in the Senate on March 16, 2005
Introduced in the House on March 29, 2006
Last Amended on March 23, 2006
Currently residing in the House Committee on Judiciary
Summary: Ill-treatment of animals
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
3/16/2005 Senate Introduced and read first time SJ3
3/16/2005 Senate Referred to Committee on Agriculture and Natural Resources SJ3
3/14/2006 Senate Committee report: Favorable Agriculture and Natural Resources SJ20
3/23/2006 Senate Amended SJ16
3/23/2006 Senate Read second time SJ16
3/24/2006 Scrivener's error corrected
3/28/2006 Senate Read third time and sent to House SJ17
3/29/2006 House Introduced and read first time HJ15
3/29/2006 House Referred to Committee on Judiciary HJ15
VERSIONS OF THIS BILL
3/16/2005
3/14/2006
3/23/2006
3/24/2006
Indicates Matter Stricken
Indicates New Matter
AMENDED
March 23, 2006
S.626
Introduced by Senators Hawkins and Leventis
S. Printed 3/23/06--S. [SEC 3/24/06 2:20 PM]
Read the first time March 16, 2005.
[626-1]
A BILL
TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO INCLUDE THAT IT IS ILLEGAL TO CONFINE OR RESTRICT THE MOVEMENT OF AN ANIMAL IN A WAY THAT INFLICTS EXTENDED AND UNNECESSARY SUFFERING UPON AN ANIMAL.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 47-1-40 of the 1976 Code, as last amended by Act 294 of 2000, is further amended to read:
“Section 47-1-40. (A) Whoever A person who knowingly or intentionally overloads, overdrives, overworks, illtreats any an animal, deprives any an animal of necessary sustenance or shelter, inflicts unnecessary pain or suffering upon any an animal, confines or restricts the movement of an animal in a way that inflicts extended and unnecessary suffering upon an animal, or by omission or commission knowingly or intentionally causes these things to be done, for every offense is guilty of a misdemeanor and, upon conviction, must be punished by imprisonment not exceeding sixty days or by a fine of not less than one hundred dollars nor more than five hundred dollars, or both, for a first offense; by imprisonment not exceeding ninety days or by a fine not exceeding eight hundred dollars, or both, for a second offense; or by imprisonment not exceeding two years or by a fine not exceeding two thousand dollars, or both, for a third or subsequent offense. Notwithstanding any other another provision of law, a first offense under pursuant to this subsection shall must be tried in magistrate’s magistrates or municipal court.
(B) Whoever A person who tortures, torments, needlessly mutilates, cruelly kills, or inflicts excessive or repeated unnecessary pain or suffering upon any an animal or by omission or commission causes the acts to be done for any of the offenses is guilty of a felony and, upon conviction, must be punished by imprisonment of not less than one hundred eighty days and not to exceed five years and by a fine of five thousand dollars.
(C) This section does not apply to fowl, accepted animal husbandry practices of farm operations and the training of animals, the practice of veterinary medicine, agricultural practices, forestry and silvacultural practices, game and wildlife management practices, hunting practices, or activities, or activity authorized by Title 50.”
SECTION 2. Section 47-1-130 of the 1976 Code, is amended to read:
“Section 47-1-130. Any person violating the laws in relation to cruelty to animals may be arrested and held, without warrant, in the same manner as in the case of persons found breaking the peace. In addition to all other requirements, a magistrate may not issue an arrest warrant for a person alleged to have violated any law in relation to cruelty to animals until an investigating law enforcement officer or appropriate county or city animal control officer provides the magistrate with an incident report of the alleged violation.”
SECTION 3. Section 47-1-150 of the 1976 Code, is amended to read:
“Section 47-1-150. (A) When complaint is made on oath or affirmation to any magistrate authorized to issue warrants in criminal cases that the complainant believes and has reasonable cause to believe that the laws in relation to cruelty to animals have been or are being violated in any particular building or place and after an investigating law enforcement officer or appropriate county or city animal control officer provides the magistrate with an incident report of the alleged violation, such the magistrate, if satisfied that there is reasonable cause for such the belief, shall issue a search warrant authorizing any sheriff, deputy sheriff, deputy state constable, constable, or police officer to search such the building or place; but no search shall be made after sunset, unless specially authorized by the magistrate upon satisfactory cause shown. If an animal is seized pursuant to this section and the South Carolina Society for the Prevention of Cruelty of Animals, or other society incorporated for that purpose is involved with the seizure, the animal may be held pending criminal disposition of the case at a facility maintained or contracted by that agency.”
SECTION 4. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 5. This act takes effect upon approval by the Governor.
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