S 1261 General Bill, By Leventis, Courson, Gregory, Jackson, Land, McConnell, 
McGill, Moore, Passailaigue, L.E. Richter, Russell, G. Smith and Thomas
 A Bill to amend Section 47-1-40, as amended, Code of Laws of South Carolina,
 1976, relating to ill-treatment of animals, so as to, among other things,
 change various penalties, including making certain misdemeanor offenses
 felonies, allow certain first offense violations to be tried in municipal
 court, and delete the exemption providing that this Section does not apply to
 fowl.

   03/20/96  Senate Introduced and read first time SJ-3
   03/20/96  Senate Referred to Committee on Agriculture and Natural
                     Resources SJ-3
   04/24/96  Senate Committee report: Favorable with amendment
                     Agriculture and Natural Resources SJ-49
   04/25/96  Senate Amended SJ-44
   04/25/96  Senate Read second time SJ-44
   04/25/96  Senate Ordered to third reading with notice of
                     amendments SJ-44
   04/29/96  Senate Amended SJ-26
   04/29/96  Senate Read third time and sent to House SJ-26
   04/30/96  House  Introduced and read first time HJ-21
   04/30/96  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-22

AS PASSED BY THE SENATE

April 29, 1996

S. 1261

Introduced by SENATORS Leventis, McGill, Moore, Richter, McConnell, Gregory, Russell, Jackson, Greg Smith, Passailaigue, Courson, Land and Thomas

S. Printed 4/29/96--S.

Read the first time March 20, 1996.

A BILL

TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO, AMONG OTHER THINGS, CHANGE VARIOUS PENALTIES, INCLUDING MAKING CERTAIN MISDEMEANOR OFFENSES FELONIES, ALLOW CERTAIN FIRST OFFENSE VIOLATIONS TO BE TRIED IN MUNICIPAL COURT, AND DELETE THE EXEMPTION PROVIDING THAT THIS SECTION DOES NOT APPLY TO FOWL.

Amend Title To Conform

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 430 of 1992, 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 may be punished by imprisonment not exceeding sixty days or by a fine of not less than one hundred dollars nor more than four five hundred dollars, or both, 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; is guilty of a felony and may be punished or by imprisonment not exceeding two five years or by a fine not exceeding two five 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 or municipal 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 felony and, upon conviction, must may be punished by imprisonment of not less than one hundred eighty days and not to exceed two five years and by a fine of five thousand dollars.

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

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