H 3682 {Rat #207, Act #199 of 2024} General Bill, By Murphy, Wetmore, Bailey, Rose, 
Crawford, Brewer, Taylor, Hardee, Wooten, Pope, McDaniel, Hewitt, Bauer, 
Yow, J.E. Johnson, Willis, Ligon, Lawson, Robbins, Schuessler, Guest, Henegan, 
Williams, M.M. Smith and Vaughan
 AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 47-1-140,
 RELATING TO THE CARE OF ANIMALS AFTER THE ARREST OF THE OWNER, SO AS TO REMOVE
 PROVISIONS REGARDING A LIEN ON THE SEIZED ANIMAL; BY AMENDING SECTION
 47-1-145, RELATING TO CUSTODY AND CARE OF ANIMALS AFTER THE ARREST OF THE
 OWNER, SO AS TO OUTLINE HEARING PROCEDURES FOR ORDERING THE COST OF CARE OF
 THE SEIZED ANIMALS; AND BY AMENDING SECTION 47-1-170, RELATING TO PENALTIES
 FOR ANIMAL CRUELTY, SO AS TO MAKE CONFORMING CHANGES. - RATIFIED TITLE

   1/12/2023  House  Introduced and read first time (House Journal-page 335)
   1/12/2023  House  Referred to Committee on Judiciary (House Journal-page 335)
   1/19/2023  House  Member(s) request name added as sponsor: Taylor
   1/24/2023  House  Member(s) request name added as sponsor: Hardee
   1/25/2023  House  Member(s) request name added as sponsor: Wooten, 
                     Pope,  McDaniel
   1/31/2023  House  Member(s) request name added as sponsor: Hewitt,  Bauer
   2/2/2023  House  Member(s) request name added as sponsor: Yow
   2/15/2023  House  Member(s) request name added as sponsor: J.E.
                     Johnson,  Willis
   2/16/2023  House  Member(s) request name added as sponsor: Ligon,  Lawson
   2/23/2023  House  Member(s) request name added as sponsor: Robbins,
                      Schuessler,  Guest
   2/28/2023  House  Member(s) request name added as sponsor: Henegan,
                      Williams
   3/1/2023  House  Committee report: Favorable with amendment Judiciary (House Journal-page 37)
   3/7/2023  House  Member(s) request name added as sponsor: M.M. Smith
   3/7/2023  House  Requests for debate-Rep(s). Ott, Rutherford,
                     Jefferson, Tedder, Thigpen, Kirby, JA Moore,
                     Wetmore, Bauer, Dilliard, Long, Rivers,
                     Gilliard, Anderson, McDaniel, Cromer, Taylor,
                     Hixon, McCravy, Ligon, Pope, JL Johnson (House Journal-page 35)
   3/15/2023  House  Member(s) request name added as sponsor: Vaughan
   3/29/2023  House  Amended (House Journal-page 76)
   3/29/2023  House  Read second time (House Journal-page 76)
   3/29/2023  House  Roll call Yeas-110  Nays-0 (House Journal-page 79)
   3/30/2023  House  Read third time and sent to Senate (House Journal-page 49)
   3/30/2023  Senate Introduced and read first time (Senate Journal-page 7)
   3/30/2023  Senate Referred to Committee on Agriculture and Natural
                     Resources (Senate Journal-page 7)
   3/31/2023         Scrivener's error corrected
   5/2/2023  Senate Committee report: Favorable with amendment
                     Agriculture and Natural Resources (Senate Journal-page 19)
   5/3/2023         Scrivener's error corrected
   5/7/2024  Senate Committee Amendment Adopted (Senate Journal-page 38)
   5/7/2024  Senate Amended (Senate Journal-page 38)
   5/7/2024  Senate Read second time (Senate Journal-page 38)
   5/7/2024  Senate Roll call Ayes-45  Nays-0 (Senate Journal-page 38)
   5/8/2024         Scrivener's error corrected
   5/8/2024  Senate Read third time and returned to House with amendments (Senate Journal-page 43)
   5/9/2024  House  Concurred in Senate amendment and enrolled (House Journal-page 27)
   5/9/2024  House  Roll call Yeas-101  Nays-0 (House Journal-page 28)
   5/15/2024         Ratified R 207
   5/21/2024         Signed By Governor
   5/29/2024         Effective date 05/21/24
   5/29/2024         Act No. 199

(A199, R207, H3682)

AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 47-1-140, RELATING TO THE CARE OF ANIMALS AFTER THE ARREST OF THE OWNER, SO AS TO REMOVE PROVISIONS REGARDING A LIEN ON THE SEIZED ANIMAL; BY AMENDING SECTION 47-1-145, RELATING TO CUSTODY AND CARE OF ANIMALS AFTER THE ARREST OF THE OWNER, SO AS TO OUTLINE HEARING PROCEDURES FOR ORDERING THE COST OF CARE OF THE SEIZED ANIMALS; AND BY AMENDING SECTION 47-1-170, RELATING TO PENALTIES FOR ANIMAL CRUELTY, SO AS TO MAKE CONFORMING CHANGES.

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

Notice to owners

SECTION 1.    Section 47-1-140 of the S.C. Code is amended to read:

Section 47-1-140.    The law enforcement officer making the arrest, with or without warrant, shall use reasonable diligence to give notice to the owner of the animals found in the charge or custody of the person arrested, if the person is not the owner, and shall care and provide properly for the animals. Notwithstanding any other provision of law, an animal may be seized preceding an arrest and pursuant to Section 47-1-150.

Custody and care of animal after arrest

SECTION 2.    Section 47-1-145 of the S.C. Code is amended to read:

Section 47-1-145.    (A)(1) Notwithstanding another provision of law, any sheriff, deputy sheriff, deputy state constable, constable, law enforcement officer, or other entity that is awarded custody of an animal under the provisions of Section 47-1-150 or who has seized an animal because of a violation of any provision of Chapter 1, Title 47 or Chapter 27, Title 16 may file a petition with a court of competent jurisdiction to hear civil cases requesting the court to require the owner of the animal or animals to deposit funds at specified intervals in an amount sufficient to secure payment of all anticipated costs of the seizure and care of the animals pending the disposition of the litigation.

(2) If the defendant is found guilty, then the custodian of the animal may then determine if the animal is suitable for adoption or rescue and if adoption or rescue can be arranged for the animal. The animal may not be adopted by the defendant or by any person residing in the defendant's household if the defendant was found guilty. If no adoption or rescue can be arranged after the forfeiture or if the animal is unsuitable for adoption or rescue, then the custodian shall humanely euthanize the animal.

(3) At any time prior to final adjudication, the owner has the right to forfeit ownership of the animal and avoid all future custodial costs related to the animal's care but not costs already accrued, beginning with the date of the seizure.

(4) In the event that an owner is adjudicated not guilty of all charges related to the animal seizure or all charges are dismissed not pursuant to plea negotiations or an intervention program, the owner shall receive from the filing agency a refund of all costs paid by the owner pursuant to the petition. The court may award interest on the amount refunded to an owner under this subsection.

(B)(1) Every petition filed pursuant to subsection (A) shall contain a description of the time, place, and circumstances of the seizure, the legal authority for the seizure, and the name and address of the owner of the animal seized.

(2) Any sheriff, deputy sheriff, deputy state constable, constable, or other law enforcement officer shall personally serve written process of the petition on the owner of the animal. If the officer is unable to personally serve written process of the petition on the owner of the animal within thirty days of the filing of the petition, the officers shall, within ten days thereafter, post a copy of the petition on the door of the residence of the owner or in another conspicuous place at the location where the animal was seized.

(C)(1)(a) Upon the court's receipt of return of process of the petition on the owner, the court shall set a hearing on the petition to determine the need to care for and provide for the animal pending the final disposition of the animal. The hearing shall be conducted no less than ten days and no more than fifteen business days after the court's receipt of return of service of process of the petition on the owner. Any sheriff, deputy sheriff, deputy state constable, constable, or other law enforcement officer is authorized to serve written notice on the owner of the date, time, and location of the hearing. If no name and address for the owner are set forth in the petition, then such notice shall be posted in a conspicuous place at the location where the animal or animals were seized.

(b) If the owner is financially unable to retain counsel, then counsel shall be provided upon order of the appropriate judge pursuant to Chapter 3, Title 17, unless the owner voluntarily and intelligently waives court-appointed counsel.

(c) The court may reduce the amount the owner is required to pay under this section if the owner is indigent.

(2) The scope of the hearing is limited to whether probable cause existed to seize the animal. Upon such a showing, the court shall require payment to the clerk of court of an amount sufficient to cover reasonable costs of seizure and care, as determined by the court, for a period beginning as of the date of seizure and ending thirty days after the date of the order. Neither the result of a hearing provided for under this section nor a statement of an owner made at any such hearing shall be admissible in any criminal prosecution related to the seizure of the animal.

(3) The owner shall be ordered to deposit an amount equal to the portion of the original deposit amount attributable to the first thirty days after the date of the initial order and every thirty days thereafter until the owner relinquishes the animal or until the final disposition of the animal. If the required funds are not deposited within five days of the original order setting the amount of funds, or within five days after the expiration of each applicable subsequent thirty-day period, then the animal shall be forfeited to the petitioning agency by operation of law and may be disposed of via transfer to another person or entity capable of providing care or other humane disposition.

(4) The court may correct, alter, or otherwise adjust the owner's thirty-day obligation of payment upon a motion made by the owner or the petitioning agency at least five days before the expiration date of the then current thirty-day payment period. The hearing shall be held within ten days of service of the motion on the opposing party, and any adjustment to the thirty-day payment amount shall become effective five days after the court orders, or refuses to order, an adjustment.

(D)(1) Upon the deposit of funds with the court in accordance with this section, the entity incurring the costs of care may immediately begin to draw from those funds for payment of the actual costs incurred by the petitioning agency in keeping and caring for the animal from the date of seizure to the date of the final disposition of the underlying criminal action regarding the owner and the animal.

(2) Upon final disposition of the animal, remaining funds deposited with the court shall be refunded to the owner.

(E) The remedy provided for in this section is in addition to any other remedy provided by law.

Penalties

SECTION 3.    Section 47-1-170 of the S.C. Code is amended to read:

Section 47-1-170.    The owner or person having charge or custody of an animal cruelly used who is convicted of any violation of this chapter forfeits ownership, charge, or custody of the animal, and at the discretion of the court, the person who is charged with or convicted of a violation of this chapter may be ordered, if not previously ordered, to pay costs incurred to care for the animal and related expenses.

Applicability

SECTION 4.    Nothing in this act may be applied in contradiction to the exemptions and protections provided to hunting dogs, sporting dogs, or working dogs under Section 47-1-40, Section 16-27-60, and Section 16-27-80.

Time effective

SECTION 5.    This act takes effect upon approval by the Governor.

Ratified the 15th day of May, 2024.

Approved the 21st day of May, 2024.

This web page was last updated on June 25, 2024 at 11:31 AM