H 4438 Session 109 (1991-1992)
H 4438 General Bill, By J.J. Snow, R.L. Altman, L.E. Bennett, G.A. Brown,
D.M. Bruce, Elliott, T.L. Farr, Harvin, Koon, M. McLeod, D.E. McTeer, Rhoad,
Riser, Sharpe, R. Smith, D.C. Waldrop and J.B. Wilder
A Bill to amend Title 47, Code of Laws of South Carolina, 1976, relating to
animals, livestock, and poultry, by adding Chapter 21 so as to enact the Farm
Animal and Research Facilities Protection Act, and provide penalties for
violations; and to amend Section 16-1-10 so as to add to the list the offenses
designated felonies in the Farm Animal and Research Facilities Protection Act.
02/20/92 House Introduced and read first time HJ-26
02/20/92 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-26
03/18/92 House Committee report: Favorable Agriculture, Natural
Resources and Environmental Affairs HJ-10
03/26/92 House Read second time HJ-36
03/26/92 House Unanimous consent for third reading on next
legislative day HJ-37
03/27/92 House Read third time and sent to Senate HJ-1
03/30/92 Senate Introduced and read first time SJ-10
03/30/92 Senate Referred to Committee on Agriculture and Natural
Resources SJ-10
COMMITTEE REPORT
March 18, 1992
H. 4438
Introduced by REPS. Snow, G. Brown, Farr, Koon, Smith, Sharpe,
Bennett, Riser, McLeod, D. Elliott, Rhoad, Bruce, Harvin, McTeer,
Wilder, Altman and Waldrop
S. Printed 3/18/92--H.
Read the first time February 20, 1992.
THE COMMITTEE ON AGRICULTURE,
NATURAL RESOURCES AND ENVIRONMENTAL
AFFAIRS
To whom was referred a Bill (H. 4438), to amend Title 47, Code of
Laws of South Carolina, 1976, relating to animals, livestock, and
poultry, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass:
L. EDWARD BENNETT, for Committee.
A BILL
TO AMEND TITLE 47, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO ANIMALS, LIVESTOCK, AND POULTRY, BY
ADDING CHAPTER 21 SO AS TO ENACT THE FARM ANIMAL
AND RESEARCH FACILITIES PROTECTION ACT, AND PROVIDE
PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION
16-1-10 SO AS TO ADD TO THE LIST THE OFFENSES
DESIGNATED FELONIES IN THE FARM ANIMAL AND
RESEARCH FACILITIES PROTECTION ACT.
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:
"CHAPTER 21
Farm Animal and Research Facilities
Protection Act
Section 47-21-10. This chapter may be cited as the Farm Animal
and Research Facilities Protection Act.
Section 47-21-20. As used in this chapter:
(1) `Actor' means a person accused of any of the offenses defined
in this chapter.
(2) `Animal' means a warm or cold-blooded animal used in food
or fiber production, agriculture, research, testing, or education, including
poultry, fish, and insects.
(3) `Animal facility' includes a vehicle, building, structure, or
premises where an animal is kept, tested, handled, housed, exhibited,
bred, or offered for sale and includes a research facility where research
or testing on animals is conducted.
(4) `Consent' means assent in fact, whether express or apparent.
(5) `Deprive' means:
(a) to withhold an animal or other property from the owner
permanently or for such an extended time that a major portion of the
value or enjoyment of the animal or property is lost to the owner;
(b) to restore the animal or other property only upon payment
for reward or other compensation; or
(c) to dispose of an animal or other property in a manner that
makes recovery of the animal or property by the owner unlikely.
(6) `Effective consent' includes consent by a person legally
authorized to act for the owner. Consent is not effective if:
(a) induced by force, threat, false pretenses, or fraud;
(b) given by a person the actor knows is not legally authorized
to act for the owner;
(c) given by a person who by reason of youth, mental disease or
defect, or intoxication is known by the actor to be unable to make
reasonable decisions; or
(d) given solely to detect the commission of an offense.
(7) `Owner' means a person who has title to the property,
possession of the property, whether lawful or not, or a greater right to
possession of the property than the actor.
(8) `Person' means an individual, corporation, association,
nonprofit corporation, joint-stock company, firm, trust, partnership, two
or more persons having a joint or common interest, or other legal entity.
(9) `Possession' means actual care, custody, control, or
management.
Section 47-21-30. A person commits an offense if, without the
effective consent of the owner, the person acquires or otherwise
exercises control over an animal facility, an animal from an animal
facility, or other property from an animal facility with the intent to
deprive the owner of the facility, animal, or property, and to disrupt or
damage the enterprise conducted at the animal facility.
Section 47-21-40. A person commits an offense if, without the
effective consent of the owner, the person damages or destroys an
animal facility or an animal or property in or on an animal facility with
the intent to disrupt or damage the enterprise conducted at the animal
facility.
Section 47-21-50. A person commits an offense if, without the
effective consent of the owner and with the intent to disrupt or damage
the enterprise conducted at the animal facility, the person:
(1) enters an animal facility, not then open to the public, with
intent to commit an act prohibited by this section;
(2) remains concealed, with intent to commit an act prohibited
by this section, in an animal facility; or
(3) enters an animal facility and commits or attempts to
commit an act prohibited by this section.
Section 47-21-60. (A) A person commits an offense if, without
the effective consent of the owner, the person enters or remains in an
animal facility with the intent to disrupt or damage the enterprise
conducted at the animal facility, and the person:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
(B) For purposes of this section, `notice' means:
(1) oral or written communication by the owner or someone
with apparent authority to act for the owner;
(2) fencing or other enclosure obviously designed to exclude
intruders or to contain animals; or
(3) a sign or signs posted on the property or at the entrance to
the building, reasonably likely to come to the attention of intruders,
indicating that entry is forbidden.
Section 47-21-70. This chapter does not apply to, affect, or
otherwise prohibit actions taken by the Department of Agriculture, any
other federal, state, or local department or agency, or an official or
employee of these entities while in the exercise or performance of a
power or duty imposed by law or regulation.
Section 47-21-80. (A) A person violating Sections 47-21-30,
47-21-40, and 47-21-50 is guilty of a felony and, upon conviction, must
be punished by a fine of not more than ten thousand dollars or by
imprisonment for not more than three years, or both.
(B) A person violating Section 47-21-60 is guilty of a
misdemeanor and, upon conviction, must be punished by a fine of not
more than five thousand dollars or by imprisonment for not more than
one year, or both."
SECTION 2. The offenses established pursuant to Sections 47-21-30,
47-21-40, and 47-21-50 of the 1976 Code, as added by this act, are
added to the list of felonies enumerated in Section 16-1-10 of the 1976
Code.
SECTION 3. This act takes effect upon approval by the Governor.
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