South Carolina General Assembly
116th Session, 2005-2006

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Bill 810

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

AMENDED

May 25, 2005

S. 810

Introduced by Senators Martin, J. Verne Smith, Leventis, Hawkins, Fair and Anderson

S. Printed 5/25/05--S.

Read the first time May 3, 2005.

            

A BILL

TO AMEND SECTION 47-3-750 OF THE 1976 CODE, RELATING TO THE SEIZURE AND IMPOUNDMENT OF A DANGEROUS ANIMAL, TO PROVIDE THAT ANY DANGEROUS ANIMAL THAT ATTACKS A HUMAN BEING OR DOMESTIC ANIMAL MUST BE SEIZED AND IMPOUNDED WHILE ANY PROCEEDING PURSUANT TO THIS ARTICLE IS PENDING.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 47-3-750 of the 1976 Code is amended by adding an appropriately numbered new subsection to read:

"( )    If a law enforcement agent, animal control officer, or animal control officer under contract with a county or municipal government to provide animal control services has probable cause to believe that a dangerous animal has attacked a human being or domestic animal and caused bodily injury, the agent or officer must seize and impound the dangerous animal. After ten days following the seizure, the owner of the seized animal may petition the appropriate summary court for the release of the animal. The petition and notice of any hearing on the petition must be served on the county or municipality that seized the animal and the victim or the victim's representative. If the court determines after an appropriate hearing that probable cause did not exist to seize the animal, then the court must order the animal released to the owner. If the court determines after an appropriate hearing that probable cause did exist to seize the animal, then the county or municipality must continue to hold the animal while any charge for a violation of this article related to the attack is pending. If no charge related to the attack is brought within thirty days of the attack, then the animal must be released to the owner. If at any time the county or municipality responsible for the seizure determines that the seized animal was improperly identified or seized, then the animal must immediately be released to the owner."

SECTION    2.    This act takes effect upon approval by the Governor.

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