S 1474 General Bill, By McConnell, Leventis and M.T. Rose
 A Bill to amend Section 47-1-40, as amended, Code of Laws of South Carolina,
 1976, relating to cruelty to animals, ill-treatment of animals generally, and
 certain penalties, so as to extend application of certain provisions of the
 Section to all offending persons, increase the penalties, and provide that a
 first offense violation shall be tried in magistrate's court, to increase the
 penalty for a person who tortures, torments, needlessly mutilates, cruelly
 kills, or inflicts excessive or repeated unnecessary pain or suffering upon
 any animal, or causes these acts to be done, and to provide that this section
 does not apply to activity authorized by Title 50 (Fish, Game, and
 Watercraft).

   04/16/92  Senate Introduced and read first time SJ-8
   04/16/92  Senate Referred to Committee on Agriculture and Natural
                     Resources SJ-8
   04/28/92  Senate Recalled from Committee on Agriculture and
                     Natural Resources SJ-131
   04/29/92  Senate Read second time SJ-310
   04/29/92  Senate Ordered to third reading with notice of
                     amendments SJ-310
   04/30/92  Senate Read third time and sent to House SJ-30
   05/05/92  House  Introduced and read first time HJ-17
   05/05/92  House  Referred to Committee on Judiciary HJ-17

RECALLED

April 28, 1992

S. 1474

Introduced by SENATORS McConnell, Leventis and Rose

S. Printed 4/28/92--S.

Read the first time April 16, 1992.

A BILL

TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRUELTY TO ANIMALS, ILL-TREATMENT OF ANIMALS GENERALLY, AND CERTAIN PENALTIES, SO AS TO EXTEND APPLICATION OF CERTAIN PROVISIONS OF THE SECTION TO ALL OFFENDING PERSONS, INCREASE THE PENALTIES, AND PROVIDE THAT A FIRST OFFENSE VIOLATION SHALL BE TRIED IN MAGISTRATE'S COURT, TO INCREASE AND TO CHANGE THE PENALTY FOR A PERSON WHO TORTURES, TORMENTS, NEEDLESSLY MUTILATES, CRUELLY KILLS, OR INFLICTS EXCESSIVE OR REPEATED UNNECESSARY PAIN OR SUFFERING UPON ANY ANIMAL OR CAUSES THESE ACTS TO BE DONE, AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO ACTIVITY AUTHORIZED BY TITLE 50 (FISH, GAME, AND WATERCRAFT).

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

SECTION 1. Section 47-1-40 of the 1976 Code, as last amended by Act 401 of 1988, is further amended to read:

"Section 47-1-40. (A) Whoever overloads, overdrives, overworks, ill-treats, deprives of necessary sustenance, shelter, or inflicts unnecessary pain or suffering upon any animal, or causes these things to be done, whether the person is the owner of the animal or has charge or custody of it, for every offense, is guilty of a misdemeanor and, upon conviction, must be punished by imprisonment not exceeding thirty sixty days or by a fine of not less than fifty one hundred dollars nor more than two four hundred dollars for a first offense; by imprisonment not exceeding sixty ninety days or by a fine not exceeding five eight hundred dollars, or both, for a second offense; or by imprisonment not exceeding one year two years or by a fine not exceeding one two thousand dollars, or both, for a third or subsequent offense. Notwithstanding any other provision of law, a first offense under this subsection shall be tried in magistrate's court.

(B) Whoever tortures, torments, needlessly mutilates, cruelly kills, or inflicts excessive or repeated unnecessary pain or suffering upon any animal or causes the acts to be done for any of the offenses is guilty of a misdemeanor and, upon conviction, must be punished by imprisonment not to exceed sixty days two years or by a fine not to exceed five hundred dollars, or both five thousand dollars.

(C) The provisions of this This section do does not apply to fowl, accepted animal husbandry practices of farm operations, the training of animals, or the practice of veterinary medicine, or activity authorized by Title 50."

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