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Indicates Matter Stricken
Indicates New Matter
Sponsors: Senator L. Martin
Document Path: l:\s-jud\bills\l. martin\jud0011.rem.docx
Companion/Similar bill(s): 3527, 3570
Introduced in the Senate on January 8, 2013
Introduced in the House on May 2, 2013
Last Amended on April 30, 2013
Currently residing in the House Committee on Judiciary
Summary: Patrol Canine teams
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/13/2012 Senate Prefiled 12/13/2012 Senate Referred to Committee on Agriculture and Natural Resources 1/8/2013 Senate Introduced and read first time (Senate Journal-page 29) 1/8/2013 Senate Referred to Committee on Agriculture and Natural Resources (Senate Journal-page 29) 1/23/2013 Senate Recalled from Committee on Agriculture and Natural Resources (Senate Journal-page 5) 1/23/2013 Senate Committed to Committee on Judiciary (Senate Journal-page 5) 1/28/2013 Senate Referred to Subcommittee: Hutto (ch), Corbin, Young 4/10/2013 Senate Committee report: Favorable with amendment Judiciary (Senate Journal-page 17) 4/16/2013 Senate Committee Amendment Adopted (Senate Journal-page 27) 4/30/2013 Senate Amended (Senate Journal-page 29) 4/30/2013 Senate Read second time (Senate Journal-page 29) 4/30/2013 Senate Roll call Ayes-27 Nays-16 (Senate Journal-page 29) 5/1/2013 Scrivener's error corrected 5/1/2013 Senate Read third time and sent to House (Senate Journal-page 68) 5/2/2013 House Referred to Committee on Judiciary (House Journal-page 16)
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
Indicates Matter Stricken
Indicates New Matter
April 30, 2013
S. Printed 4/30/13--S. [SEC 5/1/13 2:20 PM]
Read the first time January 8, 2013.
TO AMEND SECTION 47-3-110, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE LIABILITY OF AN OWNER OR KEEPER OF A DOG FOR A DOG ATTACK, TO PROVIDE THAT LIABILITY DOES NOT EXTEND TO TRAINED LAW ENFORCEMENT DOGS IN THE PERFORMANCE OF OFFICIAL DUTIES OR DOGS ACTING IN DEFENSE OF A PERSON; AND TO AMEND CHAPTER 23, TITLE 23 BY ADDING SECTION 23-23-140, RELATING TO PATROL CANINE TEAMS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
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:
(1) the person who was attacked provoked or harassed the dog leading to the attack;
(2) the dog is 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 is trained and certified according to the standards adopted by the South Carolina Law Enforcement Training Council;
(b) the governmental agency has adopted a written policy on the necessary and appropriate use of dogs in the dog's official law enforcement duties;
(c) the actions of the dog's handler or dog do not violate the agency's written policy;
(d) the actions of the dog's handler or dog do not constitute excessive force; and
(e) the attack or bite does not occur on a third party by-stander not involved in the criminal investigation, search, or arrest; or
(3) the dog is defending the life, health, or safety of the dog's owner, handler, or another person."
SECTION 2. Chapter 23, Title 23 of the 1976 Code is amended by adding:
"Section 23-23-140. (A) For purposes of this section, 'patrol canine teams' refers to a certified officer and a specific patrol canine controlled by the handler working together in the performance of law enforcement or correctional duties. 'Patrol canine teams' does not refer to canines used exclusively for tracking or specific detection.
(B) The South Carolina Criminal Justice Academy shall verify that patrol canine teams have been certified by a nationally recognized police dog association or similar organization.
(C) No law enforcement agency may utilize patrol canine teams after July 1, 2014, unless the patrol canine teams have met all certification requirements."
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on May 13, 2013 at 12:59 PM