S*0008(Rat #0075, Act #0062 of 2013)  General Bill, By L. Martin

Similar(H 3527, H 3570)
 AN ACT TO AMEND SECTION 47-3-110, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE LIABILITY OF AN OWNER OR KEEPER OF A DOG FOR A DOG ATTACK, SO
 AS TO PROVIDE THAT LIABILITY DOES NOT EXTEND TO A DOG WHO WAS PROVOKED OR
 HARASSED BY THE PERSON ATTACKED OR TO TRAINED LAW ENFORCEMENT DOGS UNDER
 CERTAIN DELINEATED CIRCUMSTANCES; AND BY ADDING SECTION 23-23-140 SO AS TO
 DEFINE THE TERM "PATROL CANINE TEAMS" AND PROVIDE CERTIFICATION REQUIREMENTS
 FOR THE TEAMS. - ratified title

   12/13/12  Senate Prefiled
   12/13/12  Senate Referred to Committee on Agriculture and Natural
                     Resources
   01/08/13  Senate Introduced and read first time (Senate Journal-page 29)
   01/08/13  Senate Referred to Committee on Agriculture and Natural
                     Resources (Senate Journal-page 29)
   01/23/13  Senate Recalled from Committee on Agriculture and
                     Natural Resources (Senate Journal-page 5)
   01/23/13  Senate Committed to Committee on Judiciary
                     (Senate Journal-page 5)
   01/28/13  Senate Referred to Subcommittee: Hutto (ch), Corbin, Young
   04/10/13  Senate Committee report: Favorable with amendment
                     Judiciary (Senate Journal-page 17)
   04/16/13  Senate Committee Amendment Adopted (Senate Journal-page 27)
   04/30/13  Senate Amended (Senate Journal-page 29)
   04/30/13  Senate Read second time (Senate Journal-page 29)
   04/30/13  Senate Roll call Ayes-27  Nays-16 (Senate Journal-page 29)
   05/01/13         Scrivener's error corrected
   05/01/13  Senate Read third time and sent to House
                     (Senate Journal-page 68)
   05/02/13  House  Referred to Committee on Judiciary
                     (House Journal-page 16)
   05/30/13  House  Committee report: Favorable with amendment
                     Judiciary (House Journal-page 7)
   06/04/13  House  Requests for debate-Rep(s). Tallon, Quinn, JR
                     Smith, Bannister, Hixon, Wells, Pope,
                     Bedingfield, GR Smith, Loftis, Hardwick,
                     Kennedy, Spires, Hardee, DC Moss, Cole, Hiott,
                     Norman, Hosey, Clyburn, Anderson, RL Brown, VS
                     Moss, King, Powers-Norrell, Cobb-Hunter, Hart,
                     Sellers, KR Crawford, Sabb, Patrick
                     (House Journal-page 16)
   06/05/13  House  Requests for debate removed-Rep(s). Hiott,
                     Tallon, JR Smith, Hixon, Wells, Norman, Hardee,
                     Spires, Hardwick, VS Moss, Loftis, Patrick,
                     Cole, Hosey, Kennedy, Anderson, Quinn, GR Smith,
                     Powers-Norrell, Bannister, Clyburn, Cobb-Hunter,
                     Sellers, DC Moss, Pope, Bedingfield, Sabb, RL
                     Brown (House Journal-page 122)
   06/05/13  House  Amended (House Journal-page 134)
   06/05/13  House  Read second time (House Journal-page 134)
   06/05/13  House  Roll call Yeas-102  Nays-4 (House Journal-page 136)
   06/06/13  House  Read third time and returned to Senate with
                     amendments (House Journal-page 16)
   06/06/13  Senate Concurred in House amendment and enrolled
                     (Senate Journal-page 75)
   06/06/13  Senate Roll call Ayes-40  Nays-0 (Senate Journal-page 75)
   06/11/13         Ratified R 75
   06/12/13         Signed By Governor
   06/20/13         Effective date 06/12/13
   06/24/13         Act No. 62

(A62, R75, S8)

AN ACT TO AMEND SECTION 47-3-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIABILITY OF AN OWNER OR KEEPER OF A DOG FOR A DOG ATTACK, SO AS TO PROVIDE THAT LIABILITY DOES NOT EXTEND TO A DOG WHO WAS PROVOKED OR HARASSED BY THE PERSON ATTACKED OR TO TRAINED LAW ENFORCEMENT DOGS UNDER CERTAIN DELINEATED CIRCUMSTANCES; AND BY ADDING SECTION 23-23-140 SO AS TO DEFINE THE TERM "PATROL CANINE TEAMS" AND PROVIDE CERTIFICATION REQUIREMENTS FOR THE TEAMS.

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

Liability for attacks by dogs, provoked attacks, trained law enforcement dogs

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

"Section 47-3-110.    (A)    If a 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 dog owner or person having the dog in the person's care or keeping, the dog owner or person having the dog in the person's 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 dog owner or person having the dog in the person's care or keeping, when the person bitten or otherwise attacked is on the property in the performance of a duty imposed upon the person by the laws of this State, the ordinances of a political subdivision of this State, 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 property owner or a lawful tenant or resident of the property.

(B)    This section does not apply if, at the time the person is bitten or otherwise attacked:

(1)    the person who was attacked provoked or harassed the dog and that provocation was the proximate cause of the attack; or

(2)    the dog was working in a law enforcement capacity with a governmental agency and in the performance of the dog's official duties provided that:

(a)    the dog's attack is in direct and complete compliance with the lawful command of a duly certified canine officer;

(b)    the dog is trained and certified according to the standards adopted by the South Carolina Law Enforcement Training Council;

(c)    the governmental agency has adopted a written policy on the necessary and appropriate use of dogs in the dog's official law enforcement duties;

(d)    the actions of the dog's handler or dog do not violate the agency's written policy;

(e)    the actions of the dog's handler or dog do not constitute excessive force; and

(f)    the attack or bite does not occur on a third party bystander."

Patrol canine teams, certification

SECTION    2.    Chapter 23, Title 23 of the 1976 Code is amended by adding:

"Section 23-23-140.    (A)    For purposes of this section, 'patrol canine teams' refers to a certified officer and a specific patrol canine controlled by the handler working together in the performance of law enforcement or correctional duties. 'Patrol canine teams' does not refer to canines used exclusively for tracking or specific detection.

(B)    The South Carolina Criminal Justice Academy shall verify that patrol canine teams have been certified by a nationally recognized police dog association or similar organization.

(C)    No law enforcement agency may utilize patrol canine teams after July 1, 2014, unless the patrol canine teams have met all certification requirements."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 11th day of June, 2013.

Approved the 12th day of June, 2013.