S*1244(Rat #0367, Act #0327 of 1992)  General Bill, By Land
 A Bill to amend Title 47, Code of Laws of South Carolina, 1976, relating to
 animals, livestock, and poultry, by adding Chapter 21 so as to enact the Farm
 Animal and Research Facilities Protection Act, and provide penalties for
 violations; and to amend Section 16-1-10 so as to add to the list the offenses
 designated felonies in the Farm Animal and Research Facilities Protection Act.

   02/04/92  Senate Introduced and read first time SJ-4
   02/04/92  Senate Referred to Committee on Agriculture and Natural
                     Resources SJ-4
   03/11/92  Senate Polled out of committee Agriculture and Natural
                     Resources SJ-11
   03/12/92  Senate Read second time SJ-32
   03/17/92  Senate Read third time and sent to House SJ-9
   03/18/92  House  Introduced and read first time HJ-19
   03/18/92  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-19
   03/18/92  House  Recalled from Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-36
   04/01/92  House  Read second time HJ-12
   04/02/92  House  Read third time and enrolled HJ-17
   04/07/92         Ratified R 367
   04/10/92         Signed By Governor
   04/10/92         Effective date 04/10/92
   04/10/92         Act No. 327
   05/12/92         Copies available

AN ACT TO AMEND TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANIMALS, LIVESTOCK, AND POULTRY, BY ADDING CHAPTER 21 SO AS TO ENACT THE FARM ANIMAL AND RESEARCH FACILITIES PROTECTION ACT, AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 16-1-10 SO AS TO ADD TO THE LIST THE OFFENSES DESIGNATED FELONIES IN THE FARM ANIMAL AND RESEARCH FACILITIES PROTECTION ACT.

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

Farm Animal and Research Facilities Protection Act enacted

SECTION 1. Title 47 of the 1976 Code is amended by adding:

Section 47-21-10. This chapter may be cited as the Farm Animal and Research Facilities Protection Act.

Section 47-21-20. As used in this chapter:

(1) `Actor' means a person accused of any of the offenses defined in this chapter.

(2) `Animal' means a warm or cold-blooded animal used in food or fiber production, agriculture, research, testing, or education, including poultry, fish, and insects.

(3) `Animal facility' includes a vehicle, building, structure, or premises where an animal is kept, tested, handled, housed, exhibited, bred, or offered for sale and includes a research facility where research or testing on animals is conducted.

(4) `Consent' means assent in fact, whether express or apparent.

(5) `Deprive' means:

(a) to withhold an animal or other property from the owner permanently or for such an extended time that a major portion of the value or enjoyment of the animal or property is lost to the owner;

(b) to restore the animal or other property only upon payment for reward or other compensation; or

(c) to dispose of an animal or other property in a manner that makes recovery of the animal or property by the owner unlikely.

(6) `Effective consent' includes consent by a person legally authorized to act for the owner. Consent is not effective if:

(a) induced by force, threat, false pretenses, or fraud;

(b) given by a person the actor knows is not legally authorized to act for the owner;

(c) given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable decisions; or

(d) given solely to detect the commission of an offense.

(7) `Owner' means a person who has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor.

(8) `Person' means an individual, corporation, association, nonprofit corporation, joint-stock company, firm, trust, partnership, two or more persons having a joint or common interest, or other legal entity.

(9) `Possession' means actual care, custody, control, or management.

Section 47-21-30. A person commits an offense if, without the effective consent of the owner, the person acquires or otherwise exercises control over an animal facility, an animal from an animal facility, or other property from an animal facility with the intent to deprive the owner of the facility, animal, or property, and to disrupt or damage the enterprise conducted at the animal facility.

Section 47-21-40. A person commits an offense if, without the effective consent of the owner, the person damages or destroys an animal facility or an animal or property in or on an animal facility with the intent to disrupt or damage the enterprise conducted at the animal facility.

Section 47-21-50. A person commits an offense if, without the effective consent of the owner and with the intent to disrupt or damage the enterprise conducted at the animal facility, the person:

(1) enters an animal facility, not then open to the public, with intent to commit an act prohibited by this section;

(2) remains concealed, with intent to commit an act prohibited by this section, in an animal facility; or

(3) enters an animal facility and commits or attempts to commit an act prohibited by this section.

Section 47-21-60. (A) A person commits an offense if, without the effective consent of the owner, the person enters or remains in an animal facility with the intent to disrupt or damage the enterprise conducted at the animal facility, and the person:

(1) had notice that the entry was forbidden; or

(2) received notice to depart but failed to do so.

(B) For purposes of this section, `notice' means:

(1) oral or written communication by the owner or someone with apparent authority to act for the owner;

(2) fencing or other enclosure obviously designed to exclude intruders or to contain animals; or

(3) a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden.

Section 47-21-70. This chapter does not apply to, affect, or otherwise prohibit actions taken by the Department of Agriculture, any other federal, state, or local department or agency, or an official or employee of these entities while in the exercise or performance of a power or duty imposed by law or regulation.

Section 47-21-80. (A) A person violating Sections 47-21-30, 47-21-40, and 47-21-50 is guilty of a felony and, upon conviction, must be punished by a fine of not more than ten thousand dollars or by imprisonment for not more than three years, or both.

(B) A person violating Section 47-21-60 is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than five thousand dollars or by imprisonment for not more than one year, or both."

Felonies

SECTION 2. The offenses established pursuant to Sections 47-21-30, 47-21-40, and 47-21-50 of the 1976 Code, as added by this act, are added to the list of felonies enumerated in Section 16-1-10 of the 1976 Code.

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 10th day of April, 1992.