H 4439 General Bill, By G.R. Smith and Altman
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 23
 TO TITLE 47 SO AS TO ENACT THE "SOUTH CAROLINA ANIMAL ECOLOGICAL TERRORISM
 ACT" WHICH PROVIDES PENALTIES CIVIL AND CRIMINAL FOR PERSONS ENCOURAGING,
 FINANCING, ASSISTING, OR ENGAGING IN ACTS OF ANIMAL AND ECOLOGICAL TERRORISM
 AS DEFINED IN THE CHAPTER, AND REQUIRES THE ESTABLISHMENT OF A REGISTRY OF
 ANIMAL AND ECOLOGICAL TERRORISTS WITHIN THE OFFICE OF THE ATTORNEY GENERAL.

   12/03/03  House  Prefiled
   12/03/03  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs
   01/13/04  House  Introduced and read first time HJ-74
   01/13/04  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-74

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 23 TO TITLE 47 SO AS TO ENACT THE "SOUTH CAROLINA ANIMAL ECOLOGICAL TERRORISM ACT" WHICH PROVIDES PENALTIES CIVIL AND CRIMINAL FOR PERSONS ENCOURAGING, FINANCING, ASSISTING, OR ENGAGING IN ACTS OF ANIMAL AND ECOLOGICAL TERRORISM AS DEFINED IN THE CHAPTER, AND REQUIRES THE ESTABLISHMENT OF A REGISTRY OF ANIMAL AND ECOLOGICAL TERRORISTS WITHIN THE OFFICE OF THE ATTORNEY GENERAL.

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

SECTION    1.    Title 47 of the 1976 Code is amended by adding:

Section 47-23-10.    This chapter is known as 'The South Carolina Animal Ecological Terrorism Act'.

Section 47-23-20.    As used in this chapter:

(1)    'Animal' means a warm-blooded or cold-blooded animal lawfully confined for food, fur, or fiber production, agriculture, and its related activities, research, testing, education, or wildlife.

(2)    'Animal activities' means an activity involving the use of animals or animal parts to include hunting, fishing, trapping, traveling, camping, production, preparation or processing of food or food products, clothing or garment manufacturing, medical or other research, entertainment, recreation, agriculture, biotechnology, or any other services involving the use of animals.

(3)    'Animal facility' includes a vehicle, building, structure, research facility, nature preserve, or other premises where an animal is lawfully kept, handled, housed, exhibited, bred, or offered for sale to include a zoo, rodeo, circus, amusement park, hunting preserve, and horse and dog event.

(4)    'Animal or ecological terrorist organization' means an association, organization, entity, coalition, or combination of two or more persons with the primary or incidental purpose of supporting an activity through intimidation, coercion, force, or fear that is intended to obstruct, impede, or deter a person from participating in a lawful animal activity, animal facility, research facility, or the lawful activity of mining, foresting, harvesting, gathering, or processing natural resources.

(5)    'Consent' means agreement in fact, whether express or apparent. Absence of either verbal or nonverbal communication may not be construed to fall under this definition.

(6)    'Ecological' means the relationship between organisms and their environment.

(7)    'Effective consent' means consent by the owner or by a person legally authorized to act for the owner. Absence of either verbal or nonverbal communication may not be construed to fall under this definition. Consent is not effective if it is:

(a)    induced by force or threat;

(b)    given by a person that the offender knows or reasonably should have known is not an agent for the owner; or

(c)    given by a person who by reason of youth, mental disease, or defect, or being under the influence of drugs or alcohol, is known by the offender to be unable to make reasonable decisions.

(8)    'Natural resource' means a material source of wealth, such as timber, freshwater, or a mineral deposit, that occurs in a natural state and has economic value.

(9)    'Notice' means:

(a)    oral or written communication by the owner or someone with apparent authority to act for the owner;

(b)    fencing or other enclosure obviously designed to exclude intruders or to contain animals; or

(c)    a sign or signs posted on the property or at the entrance of a building that are reasonably likely to come to the attention of intruders and that indicate that entry is forbidden.

(10)    'Owner' means a person who has:

(a)    title to the property; or

(b)    lawful possession of the property.

(11)    'Person' means an individual, governmental unit, corporation, association, nonprofit corporation, joint-stock company, firm, trust, partnership, limited liability company, two or more persons having a joint or common interest, or some other legal entity.

(12)    'Possession' means actual care, custody, control, or management.

(13)    'Research facility' means a place, laboratory, institution, medical care facility, government facility, elementary school, high school, college, university, or nature preserve at which a scientific test experiment, or investigation involving the use of animals or other ecological organisms is lawfully carried out, conducted, or attempted.

Section 47-23-30.    (A)    An animal or ecological terrorist organization or a person acting on its behalf or at its request or for its benefit or an individual whose intent to commit the activity is prohibited from:

(1)    depriving the owner of an animal or natural resource from participating in an animal or natural resource activity by:

(a)    obstructing the lawful use of an animal, natural resource, or other property from the owner permanently or for such a period of time that a significant portion of the value or enjoyment of the animal, natural resource, or property is lost to the owner by way of coercion, fear, intimidation, or property damage;

(b)    taking or detaining the animal, natural resource, or other property and agreeing to restore it only upon reward or other compensation; or

(c)    disposing of an animal, natural resource, or other property or to so alter its condition or usefulness that the value of the animal, natural resource, or other property is substantially reduced.

(2)    Obstructing or impeding the use of an animal facility or the use of a natural resource without the effective consent of the owner by:

(a)    damaging or destroying an animal or research facility or other property in or on the premises;

(b)    entering an animal or research facility that is at the time closed to the public;

(c)    remaining concealed in an animal or research facility with the intent to commit an act prohibited by this chapter;

(d)    entering an animal or research facility and committing or attempting to commit an act prohibited by this chapter;

(e)    entering an animal or research facility to take pictures by photograph, video camera, or other means with the intent to commit criminal activities or defame the facility or its owner;

(f)    entering or remaining on the premises of an animal or research facility if the person or organization:

(i)        had notice that the entry was forbidden; or

(ii)    received notice to depart but failed to do so.

(3)    Participating in or supporting animal or ecological terrorism to include raising, soliciting, collecting, or providing a person with material, financial support, or other resources such as lodging, training, safe houses, false documentation, or identification, communications, equipment, or transportation that will be used in whole or in part, to encourage, plan, prepare, carry out, publicize, promote, or aid an act of animal or ecological terrorism, the concealment of, or an escape from, an act of animal or ecological terrorism.

(B)    The provisions of this chapter do not apply to activities of a:

(1)    government agency or its employees who are carrying out their responsibilities under law or to lawful activities of a financial institution or other secured party; and

(2)    humane animal treatment shelter or its employees whose primary purpose is the bona fide control or humane care of animals when acting within the scope of their employment.

Section 47-23-40.    (A)    A person who violates the provisions of this chapter and which results in five hundred dollars or less in physical damage or destruction of property is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year, or both.

(B)    A person who violates the provisions of this chapter and which results in more than five hundred dollars in physical damage or destruction of property is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both.

(C)    A person convicted of or who pleads guilty to violating the provisions of this chapter and such activity intentionally or negligently results in bodily harm to an individual may be fined or imprisoned not exceeding fifty percent of the original fine or imprisonment imposed.

(D)    A person who has been damaged by a violation of the provisions of this chapter may bring against the person who caused the damage an action in the court of common pleas to recover:

(1)    an amount equal to three times all economic damages to include the cost of lost or damaged property, records, the cost of repeating an interrupted or invalidated experiment, loss of profits or other consequential damages; and

(2)    court costs and reasonable attorney's fees.

Section 47-23-50.    There is hereby created the registry of animal and ecological terrorists. A person who is convicted of or pleads guilty to a violation of this chapter must be registered with the Attorney General on a form prescribed by the Attorney General. The registry shall contain the name, a current residence address, a recent photograph, and signature of the offender. The offender is required to provide written notice to the Attorney General regarding any change in name or residence address within thirty days of making the change. The Attorney General shall create a website containing the information set forth in this section for each person who is convicted or pleads guilty to a violation of this chapter. Information regarding an offender shall remain on the website for no less than three years at which time the registrant may apply to the Attorney General for removal after a hearing on the application for removal."

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