S 277 Session 112 (1997-1998)
S 0277 General Bill, By Leventis, Courson, Glover, Gregory, Jackson, Land,
McConnell, McGill, Moore, O'Dell, Passailaigue, Ravenel, Reese, M.T. Rose,
Russell, Ryberg, Thomas and Waldrep
Similar(H 3182)
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 AND ALLOW CERTAIN FIRST OFFENSE VIOLATIONS TO BE TRIED IN MUNICIPAL
COURT.
01/30/97 Senate Introduced and read first time SJ-3
01/30/97 Senate Referred to Committee on Agriculture and Natural
Resources SJ-3
03/06/97 Senate Committee report: Favorable Agriculture and
Natural Resources SJ-16
03/11/97 Senate Read second time SJ-22
03/12/97 Senate Read third time and sent to House SJ-28
03/12/97 Senate Reconsidered SJ-28
04/10/97 Senate Read third time and sent to House SJ-22
04/15/97 House Introduced and read first time HJ-7
04/15/97 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-7
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
March 6, 1997
S. 277
Introduced by Senators Leventis, Gregory, McConnell, Land, McGill,
Passailaigue, Glover, Ravenel, Moore, Russell, Courson, Reese,
O'Dell, Jackson, Thomas, Rose, Waldrep and Ryberg
S. Printed 3/6/97--S.
Read the first time January 30, 1997.
THE COMMITTEE ON
AGRICULTURE AND NATURAL
RESOURCES
To whom was referred a Bill (S. 277), to amend Section 47-1-40,
as amended, Code of Laws of South Carolina, 1976, relating to
ill-treatment of animals, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass:
PHIL P. LEVENTIS, for Committee.
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
AND ALLOW CERTAIN FIRST OFFENSE VIOLATIONS TO BE
TRIED IN MUNICIPAL COURT.
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 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
must 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 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.
-----XX----- |