H*3447 Session 111 (1995-1996)
H*3447(Rat #0469, Act #0382 of 1996) General Bill, By Sharpe
A Bill to amend Sections 47-3-730 and 47-3-760, as amended, Code of Laws of
South Carolina, 1976, relating to the restraint of dangerous animals and
penalties, so as to revise the requirements of restraint, to authorize the use
of a security bond in the registration of dangerous animals, and to expand
offenses to which penalties apply; and to amend Section 47-3-750, as amended,
relating to seizure and impoundment of dangerous animals, so as to authorize
various animal control officers to seize and impound such animals.-amended
title
02/01/95 House Introduced and read first time HJ-11
02/01/95 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-11
02/22/95 House Committee report: Favorable Agriculture, Natural
Resources and Environmental Affairs HJ-2
02/23/95 House Read second time HJ-17
02/23/95 House Unanimous consent for third reading on next
legislative day HJ-18
02/24/95 House Read third time and sent to Senate HJ-1
02/28/95 Senate Introduced and read first time SJ-12
02/28/95 Senate Referred to Committee on Agriculture and Natural
Resources SJ-12
04/04/96 Senate Committee report: Favorable with amendment
Agriculture and Natural Resources SJ-19
05/21/96 Senate Amended SJ-25
05/21/96 Senate Read second time SJ-25
05/22/96 Senate Read third time and returned to House with
amendments SJ-16
05/28/96 House Concurred in Senate amendment and enrolled HJ-100
05/30/96 Ratified R 469
06/04/96 Signed By Governor
06/04/96 Effective date 06/04/96
06/17/96 Copies available
06/17/96 Act No. 382
(A382, R469, H3447)
AN ACT TO AMEND SECTIONS 47-3-730 AND 47-3-760, BOTH
AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE RESTRAINT OF DANGEROUS ANIMALS AND
PENALTIES, SO AS TO REVISE THE REQUIREMENTS OF
RESTRAINT, TO AUTHORIZE THE USE OF A SECURITY BOND
IN THE REGISTRATION OF DANGEROUS ANIMALS, AND TO
EXPAND OFFENSES TO WHICH PENALTIES APPLY; AND TO
AMEND SECTION 47-3-750, AS AMENDED, RELATING TO
SEIZURE AND IMPOUNDMENT OF DANGEROUS ANIMALS, SO
AS TO AUTHORIZE VARIOUS ANIMAL CONTROL OFFICERS TO
SEIZE AND IMPOUND SUCH ANIMALS.
Be it enacted by the General Assembly of the State of South
Carolina:
Restraint of dangerous animals
SECTION 1. Section 47-3-730 of the 1976 Code, as last amended by
Act 374 of 1992, is further amended to read:
"Section 47-3-730. No person owning or harboring or having
the care of a dangerous animal may permit the animal to go beyond his
premises unless the animal is safely restrained and the requirements of
Section 47-3-760(E) are met."
Registration of dangerous animals
SECTION 2. Section 47-3-760(E) of the 1976 Code, as last amended by
Act 374 of 1992, is further amended to read:
"(E) A person owning a dangerous animal shall register the
animal with the local law enforcement authority of the county in which
the owner resides. The requirements of the registration must be
determined by the county governing body. However, the registration
application must be accompanied by proof of liability insurance or surety
bond of at least fifty thousand dollars insuring or securing the owner for
personal injuries inflicted by the dangerous animal. The county
governing body shall provide to the owner registering the dangerous
animal a metal license tag and a certificate. The metal license tag at all
times must be attached to a collar or harness worn by the dangerous
animal for which the certificate and tag have been issued."
Seizure and impoundment of dangerous animals
SECTION 3. Section 47-3-750 of the 1976 Code, as last amended by
Act 374 of 1992, is further amended to read:
"Section 47-3-750. (A) If a law enforcement agent, animal
control officer, or animal control officer under contract with a county or
municipal government to provide animal control services has probable
cause to believe that a dangerous animal is being harbored or cared for in
violation of Section 47-3-720 or 47-3-740 or 47-3-760(E), the agent or
officer may petition the court having jurisdiction to order the seizure and
impoundment of the dangerous animal while the trial is pending.
(B) If a law enforcement agent, animal control officer, or animal
control officer under contract with a county or municipal government to
provide animal control services has probable cause to believe that a
dangerous animal is being harbored or housed in violation of Section
47-3-730, the agent or officer may seize and impound the dangerous
animal while the trial is pending."
Penalties
SECTION 4. Section 47-3-760(B) of the 1976 Code, as last amended by
Act 184 of 1993, is further amended to read:
"(B) A person who is the owner of a dangerous animal which
attacks and injures a human being in violation of Section
47-3-710(A)(2)(a) or a person who violates Section 47-3-740:
(1) for a first offense, is guilty of a misdemeanor and, upon
conviction, must be fined not more than five thousand dollars or
imprisoned not more than three years;
(2) for a second or subsequent offense, is guilty of a felony and,
upon conviction, must be fined not more than ten thousand dollars or
imprisoned not more than five years."
Time effective
SECTION 5. This act takes effect upon approval by the Governor.
Approved the 4th day of June, 1996. |