S*0036(Rat #0089, Act #0037 of 2003)  General Bill, By Knotts, Moore, 
J.V. Smith, Elliott, Ravenel, Reese, Short, Setzler and Courson

Similar(H 3427)
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15
 TO TITLE 47 SO AS TO PROVIDE FOR THE PROTECTION OF GUIDE DOGS AND SERVICE
 ANIMALS, TO DEFINE CERTAIN TERMS, AND TO PROVIDE PENALTIES. - ratified title

   12/04/02  Senate Prefiled
   12/04/02  Senate Referred to Committee on Medical Affairs
   01/14/03  Senate Introduced and read first time SJ-36
   01/14/03  Senate Referred to Committee on Medical Affairs SJ-36
   04/02/03  Senate Committee report: Favorable with amendment
                     Medical Affairs SJ-16
   04/03/03  Senate Amended SJ-17
   04/03/03  Senate Read second time SJ-17
   04/03/03  Senate Ordered to third reading with notice of
                     amendments SJ-17
   04/08/03         Scrivener's error corrected
   04/09/03  Senate Amended SJ-31
   04/09/03  Senate Read third time and sent to House SJ-31
   04/10/03  House  Introduced and read first time HJ-9
   04/10/03  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-9
   05/14/03  House  Committee report: Favorable with amendment
                     Medical, Military, Public and Municipal Affairs HJ-35
   05/15/03  House  Amended HJ-37
   05/15/03  House  Read second time HJ-38
   05/15/03  House  Unanimous consent for third reading on next
                     legislative day HJ-38
   05/16/03  House  Read third time and returned to Senate with
                     amendments HJ-2
   05/20/03  Senate Concurred in House amendment and enrolled SJ-23
   05/28/03         Ratified R 89
   06/02/03         Signed By Governor
   06/05/03         Copies available
   06/05/03         Effective date 06/02/03
   06/23/03         Act No. 37

(A37, R89, S36)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 3, TITLE 47 SO AS TO PROVIDE FOR THE PROTECTION OF GUIDE DOGS AND SERVICE ANIMALS, TO DEFINE CERTAIN TERMS, AND TO PROVIDE PENALTIES.

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

Protection of guide dogs

SECTION    1.    Chapter 3, Title 47 of the 1976 Code is amended by adding:

Section 47-3-910.    This article may be cited as 'Layla's Law'.

Section 47-3-920.    For purposes of this article:

(1)    'Guide dog' means a dog that is trained for the purpose of guiding blind persons or a dog trained for the purpose of assisting hearing impaired persons.

(2)    'Humane euthanasia' means the termination of a terminally ill or critically injured guide dog or service animal's life by a means that produces a rapid and minimally painful death as provided in Section 47-3-420.

(3)    'Notice' means an actual verbal or written warning prescribing the behavior of another person and a request that the person stop the behavior.

(4)    'Service animal' means an animal that is trained for the purposes of assisting or accommodating the sensory, mental, or physical disability of a disabled person.

(5)    'Value' means the value to the guide dog or service animal user and does not refer to the cost or fair market value.

Section 47-3-930.    (A)    It is unlawful for a person who has received notice that his behavior is interfering with the use of a guide dog or service animal to continue with reckless disregard to interfere with the use of a guide dog or service animal by obstructing, intimidating, or jeopardizing the safety of the guide dog or service animal or its user.

(B)    It is unlawful for a person with reckless disregard to allow his dog that is not contained by a fence, a leash, or another containment system to interfere with the use of a guide dog or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the guide dog or service animal or its user.

(C)    A person who violates subsection (A) or (B) is guilty of a misdemeanor triable in magistrate's court and, upon conviction, is subject to the maximum fines and terms of imprisonment in magistrate's court.

Section 47-3-940.    (A)    It is unlawful for a person with reckless disregard to injure, disable, or cause the death of a guide dog or service animal.

(B)    It is unlawful for a person with reckless disregard to allow his dog to injure, disable, or cause the death of a guide dog or service animal.

(C)    A person who violates subsection (A) or (B) is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned not more than six months, or both.

Section 47-3-950.    (A)    It is unlawful for a person to wrongfully obtain or exert unauthorized control over a guide dog or service animal with the intent to deprive the guide dog or service animal user of his guide dog or service animal.

(B)    A person who violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars or imprisoned not less than one year, or both.

Section 47-3-960.    (A)    It is unlawful for a person to intentionally injure, disable, or cause the death of a guide dog or service animal, except in the case of self-defense or humane euthanasia.

(B)    A person who violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years, or both.

Section 47-3-970.    (A)    A defendant convicted of a violation of this article may be ordered to make full restitution for damages including incidental and consequential expenses incurred by the guide dog or service animal and its user, which arise out of or are related to the criminal offense.

(B)    Restitution for a conviction under this article includes, but is not limited to:

(1)    the value of the replacement of an incapacitated or deceased guide dog or service animal, the training of a replacement guide dog or service animal, or retraining of the affected guide dog or service animal and related veterinary and care expenses; and

(2)    medical expenses of the guide dog or service animal user, training of the guide dog or service animal user, and compensation for wages or earned income lost by the guide dog or service animal user.

(C)    This article does not affect civil remedies available for conduct punishable under this article. Restitution paid pursuant to this article must be set off against damages awarded in a civil action arising out of the same conduct that resulted in the restitution payment."

Time effective

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

Ratified the 28th day of May, 2003.

Approved the 2nd day of June, 2003.