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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-180 SO AS TO ENACT THE "PROTECTION OF PETS AND COMPANION ANIMALS ACT OF 2006", TO DEFINE THE TERMS "COMPANION ANIMAL" AND "PET", TO CREATE THE OFFENSE OF STEALING A COMPANION ANIMAL OR PET WITH THE INTENT OR PURPOSE OF SELLING THE COMPANION ANIMAL OR PET FOR SCIENTIFIC RESEARCH, AND TO PROVIDE A PENALTY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Protection of Pets and Companion Animals Act of 2006".
SECTION 2. Chapter 1, Title 47 of the 1976 Code is amended by adding:
"Section 47-1-180. (A) As used in this section, 'companion animal' or 'pet' means any domestic or feral dog, domestic or feral cat, nonhuman primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird, a feral animal or an animal under the care, custody, or ownership of a person, or an animal that is bought, sold, traded, or bartered by a person. Agricultural animals, game species, or an animal regulated pursuant to federal law as a research animal is not considered a companion animal or pet for the purposes of this section.
(B) It is unlawful to knowingly steal a companion animal or pet with the purpose or intent of selling the companion animal or pet to a research facility, whether or not federally licensed pursuant to the federal Animal Welfare Act, to be used for the performance of scientific research.
(C) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both."
SECTION 2. 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founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action,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 3. This act takes effect upon approval by the Governor.
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