Reference is to Printer's Date 4/30/13-S.
Amend the bill, as and if amended, by deleting SECTION 1 in its entirety and inserting:
/SECTION 1. Section 47-3-110 of the 1976 Code is amended to read:
"Section 47-3-110.
(A) Whenever
any If a person is bitten or otherwise attacked
by a dog while the person is in a public place or is lawfully in
a private place, including the property of the dog owner
of the dog or other person
having the dog in his the person's care
or keeping, the dog owner of the dog or
other person having the dog in
his the person's care or keeping is
liable for the damages suffered by the person bitten or
otherwise attacked. For the purposes of this section, a person
bitten or otherwise attacked is lawfully in a private place,
including the property of the dog owner of the
dog or other person having the dog in
his the person's care or keeping, when
the person bitten or otherwise attacked is on the property in
the performance of any a duty imposed
upon him the person by the laws of this
State, by the ordinances of
any a political subdivision of this
State, by the laws of the United States of
America, including, but not limited to, postal
regulations, or when the person bitten or otherwise attacked is
on the property upon the invitation, express or implied, of the
property owner of the property or
of any a lawful tenant or resident of
the property. If a person provokes a dog into attacking
him then the owner of the dog is not liable.
(B) This
section does not apply if, at the time the person is bitten or
otherwise attacked:
(1)
The person who was attacked provoked or harassed
the dog and that provocation was the proximate cause of the
attack; or
(2)
the dog was working in a law enforcement
capacity with a governmental agency and in the performance of
the dog's official duties provided that:
(a)
the dog's attack is in direct and complete
compliance with the lawful command of a duly certified canine
officer;
(b)
the dog is trained and certified according to
the standards adopted by the South Carolina Law Enforcement
Training Council;
(c)
the governmental agency has adopted a written
policy on the necessary and appropriate use of dogs in the dog's
official law enforcement duties;
(d)
the actions of the dog's handler or dog do not
violate the agency's written policy;
(e)
the actions of the dog's handler or dog do not
constitute excessive force; and
(f)
the attack or bite does not occur on a third
party bystander." /
Renumber sections to conform.
Amend title to conform.