H 3319 General Bill, By Rice
 A BILL TO AMEND SECTION 47-3-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO CERTAIN DEFINITIONS, SO AS TO PROVIDE A DANGEROUS ANIMAL
 MEANS, AMONG OTHER THINGS, AN ANIMAL THAT MAKES AN UNPROVOKED ATTACK ON A
 DOMESTIC ANIMAL OR AN ANIMAL WHOSE CERTAIN ACTIONS WOULD CAUSE A PERSON
 REASONABLY TO BELIEVE THE ANIMAL WILL ATTACK AND CAUSE BODILY INJURY TO A
 DOMESTIC ANIMAL.

   01/27/09  House  Introduced and read first time HJ-13
   01/27/09  House  Referred to Committee on Judiciary HJ-14

TO AMEND SECTION 47-3-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN DEFINITIONS, SO AS TO PROVIDE A DANGEROUS ANIMAL MEANS, AMONG OTHER THINGS, AN ANIMAL THAT MAKES AN UNPROVOKED ATTACK ON A DOMESTIC ANIMAL OR AN ANIMAL WHOSE CERTAIN ACTIONS WOULD CAUSE A PERSON REASONABLY TO BELIEVE THE ANIMAL WILL ATTACK AND CAUSE BODILY INJURY TO A DOMESTIC ANIMAL.

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

SECTION    1.    Section 47-3-710 of the 1976 Code, as last amended by Act 374 of 1992, is further amended to read:

"Section 47-3-710.    (A)    As used in this article, 'dangerous animal' means an animal of the canine or feline family:

(1)    which the whose owner knows or reasonably should know that the animal has a propensity, tendency, or disposition to attack unprovoked, cause injury, or otherwise endanger the safety of human beings or domestic animals;

(2)    which:

(a)    which makes an unprovoked attack that causes bodily injury to a human being or a domestic animal and the attack occurs in a place other than the place where the animal is confined as required by Section 47-3-720; or

(b)    which commits an unprovoked acts act in a place other than the place where the animal is confined as required by Section 47-3-720 and those acts in a manner to cause a person reasonably to reasonably believe that the animal will attack and cause bodily injury to a human being or a domestic animal; or

(3)    which is owned or harbored primarily or in part for the purpose of fighting or which is trained for fighting.

(B)    'Dangerous animal' does not include an animal:

(1)    an animal used exclusively for an agricultural purposes purpose; or

(2)    an animal which attacks a person who is trespassing or who appears to be trespassing. A trespasser is a person who is not lawfully upon the premises of the owner, as set forth in pursuant to Section 47-3-770(A).

(C)    An animal is not a 'dangerous animal' solely by virtue because of its breed or species.

(D)    As used in this article, 'owner' means a person who owns or has custody or control of the animal.

(E)    As used in this article, 'injury' or 'bodily injury' means:

(1)    a broken bones, bone;

(2)    lacerations, a laceration;

(3)    punctures a puncture of the skin,; or

(4)    any physical injury resulting in death."

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