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Current Status Bill Number:View additional legislative information at the LPITS web site.3585 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990223 Primary Sponsor:J. Smith All Sponsors:J. Smith, Lourie, Altman Drafted Document Number:l:\council\bills\gjk\20250djc99.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Animals, ill-treatment of; certain offenses changed to felony and penalties increased; Crimes and Offenses History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 19990310 Co-Sponsor added (Rule 5.2) by Rep. Altman House 19990223 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO PROVIDE THAT ILL-TREATMENT OF ANIMALS IS A VIOLENT CRIME; TO AMEND SECTION 47-1-40, AS AMENDED, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO CHANGE THE OFFENSE OF TORTURING, TORMENTING, NEEDLESSLY MUTILATING, CRUELLY KILLING, OR INFLICTING EXCESSIVE OR REPEATED UNNECESSARY PAIN OR SUFFERING UPON ANY ANIMAL FROM A MISDEMEANOR TO A FELONY, AND TO INCREASE THE PENALTIES FOR A VIOLATION OF THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-1-60 of the 1976 Code, as last amended by Act 402 of 1988, is further amended to read:
"Section 16-1-60. For purposes of definition under South Carolina law, a violent crime includes the offenses of murder (Section 16-3-10); criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors, first and second degree (Section 16-3-655); assault with intent to commit criminal sexual conduct, first and second degree (Section 16-3-656); assault and battery with intent to kill (Section 16-3-620); kidnapping (Section 16-3-910); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330(A)); attempted armed robbery (Section 16-11-330(B)); carjacking (Section 16-3-1075); drug trafficking as defined in Sections 44-53-370(e) and 44-53-375(C); arson in the first degree (Section 16-11-110(A)); arson in the second degree (Section 16-11-110(B)); burglary in the first degree (Section 16-11-311); burglary in the second degree (Section 16-11-312 (B)); engaging a child for a sexual performance (Section 16-3-810); homicide by child abuse (Section 16-3-85(A)(1)); aiding and abetting homicide by child abuse (Section 16-3-85(A)(2)); accessory before the fact to commit any of the above offenses (Section 16-1-40); ill-treatment of animals (Section 47-1-40); and attempt to commit any of the above offenses (Section 16-1-80). Only those offenses specifically enumerated in this section are considered violent offenses."
SECTION 2. Section 47-1-40(B) of the 1976 Code, as last amended by Act 367 of 1988, is further amended to read:
"(B) Whoever tortures, torments, needlessly mutilates, cruelly kills, or inflicts excessive or repeated unnecessary pain or suffering upon any animal or causes the acts to be done for any of the offenses is guilty of a misdemeanor felony and, upon conviction, must be punished by imprisonment of not less than one hundred eighty days year and not to exceed two five years and by a fine of five thousand dollars."
SECTION 3. This act takes effect upon approval by the Governor.
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