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Current Status Bill Number:View additional legislative information at the LPITS web site.649 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20010426 Primary Sponsor:Hawkins All Sponsors:Hawkins Drafted Document Number:l:\council\bills\swb\5364djc01.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Animals, unlawful to breed or train for purposes of fighting or baiting; Crimes and Offenses History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20010426 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill
TO AMEND SECTION 16-27-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE ANIMAL FIGHTING AND BAITING ACT, SO AS TO ADD DEFINITIONS OF "BREED" AND "TRAIN"; AND TO AMEND SECTION 16-27-30, RELATING TO OWNING AN ANIMAL FOR FIGHTING OR BAITING, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO BREED OR TRAIN AN ANIMAL FOR THE PURPOSE OF FIGHTING OR BAITING.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-27-20 of the 1976 Code, as added by Act 491 of 1986, is amended to read:
"Section 16-27-20. As used in this chapter:
(a) 'Animal' means any live vertebrate creature, domestic or wild. unless the context requires a different meaning.
(b) 'Fighting' means an attack with violence by an animal against another animal or a human.
(c) 'Baiting' means to provoke or to harass an animal with one or more animals with the purpose of training an animal for, or to cause an animal to engage in, fights with or among other animals or between animals and humans.
(d) 'Person' means every natural person or individual and any firm, partnership, association, or corporation.
(e) 'Breed' means to bring about, engender, produce offspring of an animal, or to cause an animal to give birth, hatch, or reproduce its kind by natural or controlled mating, or to rear, train, or bring up an animal.
(f) 'Train' means to prepare physically, as with a regimen, to give or undergo a course of training to develop traits, skills, or characteristics, to coach in or accustom to a mode of behavior or performance, or to make proficient with specialized instruction or practice."
SECTION 2. Section 16-27-30 of the 1976 Code, as added by Act 491 of 1986, is amended to read:
"Section 16-27-30. (A) Any person who:
(a)(1) breeds, trains, has in his possession, or owns an animal for the purpose of fighting or baiting;
(b)(2) is a party to or causes any fighting or baiting of any animal;
(c)(3) purchases, rents, leases, or otherwise acquires or obtains the use of any structure, facility, or location for the purpose of fighting or baiting any animal; or
(d)(4) knowingly allows or permits or makes available any structure, facility, or location to be used for the purpose of fighting or baiting any animal is guilty of a felony and upon conviction must be punished by a fine of five thousand dollars or imprisoned for five years, or both.
(B) It may be inferred that an animal was bred by the person who bred the animal, trained by person who trained the animal, owned by the owner of the animal, and is in possession of the person having possession of the animal, for the purpose of fighting or baiting, if the animal, when alive and uninjured, is capable of fighting or baiting, and is found alive, injured, or dead at or near a location where preparations have been or are being made for animal fighting or baiting, or where animal fighting or baiting is taking place or is about to take place."
SECTION 3. This act takes effect upon approval by the Governor.
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