H 3640 General Bill, By Tallon, D.C. Moss, Patrick, Allison, Parker, Thayer, 
Hardwick, Norman, Atwater, Quinn, Cole, Forrester, Hixon, Murphy, Pinson and 
Simrill

Similar(S 485)
 A BILL TO AMEND SECTION 47-3-110, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE LIABILITY OF THE OWNER OR A PERSON HAVING A DOG IN HIS CARE
 WHEN THE DOG ATTACKS A PERSON, SO AS TO PROVIDE THAT THIS PROVISION DOES NOT
 APPLY TO CERTAIN TRAINED POLICE DOGS.

   02/09/11  House  Introduced and read first time (House Journal-page 11)
   02/09/11  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs
                     (House Journal-page 11)
   05/11/11  House  Recalled from Committee on Agriculture, Natural
                     Resources and Environmental Affairs
                     (House Journal-page 17)
   05/11/11  House  Referred to Committee on Judiciary
                     (House Journal-page 17)

TO AMEND SECTION 47-3-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIABILITY OF THE OWNER OR A PERSON HAVING A DOG IN HIS CARE WHEN THE DOG ATTACKS A PERSON, SO AS TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN TRAINED POLICE DOGS.

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

SECTION    1.    Section 47-3-110 of the 1976 Code is amended to read:

"Section 47-3-110.    (A)    Whenever any person is bitten or otherwise attacked by a dog while the person is in a public place or is lawfully in a private place, including the property of the owner of the dog or other person having the dog in his care or keeping, the owner of the dog or other person having the dog in his care or keeping is liable for the damages suffered by the person bitten or otherwise attacked. For the purposes of this section, a person bitten or otherwise attacked is lawfully in a private place, including the property of the owner of the dog or other person having the dog in his care or keeping, when the person bitten or otherwise attacked is on the property in the performance of any duty imposed upon him by the laws of this State, by the ordinances of any political subdivision of this State, by the laws of the United States of America, including, but not limited to, postal regulations, or when the person bitten or otherwise attacked is on the property upon the invitation, express or implied, of the owner of the property or of any lawful tenant or resident of the property. If a person provokes a dog into attacking him then the owner of the dog is not liable.

(B)    The provisions contained in subsection (A) do not apply to a trained police dog acting under the direct supervision of its law enforcement handler when the bite or attack was the result of a command by the handler during a law enforcement action.

(C)    If a person provokes a dog into attacking him, then the owner of the dog is not liable."

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