H*4257(Rat #0509, Act #0430 of 1992)  General Bill, By J.L.M. Cromer
 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, including mandating both fine and
 imprisonment for committing the crime, rather than merely allowing the
 imposition of fine and imprisonment, and to provide that this Code Section
 does not apply to activity authorized by Title 50 (Fish, Game, and
 Watercraft).-amended title

   01/22/92  House  Introduced and read first time HJ-12
   01/22/92  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-13
   03/18/92  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs HJ-8
   03/25/92  House  Amended HJ-37
   03/25/92  House  Read second time HJ-38
   03/26/92  House  Read third time and sent to Senate HJ-19
   03/30/92  Senate Introduced and read first time SJ-9
   03/30/92  Senate Referred to Committee on Judiciary SJ-9
   05/07/92  Senate Committee report: Favorable with amendment
                     Judiciary SJ-24
   05/14/92  Senate Amended SJ-201
   05/14/92  Senate Read second time SJ-201
   05/14/92  Senate Unanimous consent for third reading on next
                     legislative day SJ-201
   05/15/92  Senate Read third time and returned to House with
                     amendments SJ-299
   05/21/92  House  Concurred in Senate amendment and enrolled HJ-63
   05/27/92         Ratified R 509
   06/02/92         Signed By Governor
   06/02/92         Effective date 06/02/92
   06/02/92         Act No. 430
   06/17/92         Copies available

AN ACT 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, INCLUDING MANDATING BOTH FINE AND IMPRISONMENT FOR COMMITTING THE CRIME, RATHER THAN MERELY ALLOWING THE IMPOSITION OF FINE AND IMPRISONMENT, AND TO PROVIDE THAT THIS CODE 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:

Penalties changed; exceptions extended; etc.

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, or ill-treats any animal, or deprives any animal of necessary sustenance or shelter, or inflicts unnecessary pain or suffering upon any animal, or causes these things to be done, for every offense is guilty of a misdemeanor and, upon conviction, must be punished by imprisonment not exceeding sixty days or by a fine of not less than one hundred dollars nor more than four hundred dollars for a first offense; by imprisonment not exceeding ninety days or by a fine not exceeding eight hundred dollars, or both, for a second offense; or by imprisonment not exceeding two years or by a fine not exceeding 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 of not less than one hundred eighty days and not to exceed two years and by a fine of five thousand dollars.

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

Time effective

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

Approved the 2nd day of June, 1992.