H 3358 Session 112 (1997-1998)
H 3358 General Bill, By Sharpe and Seithel
Similar(S 278)
A BILL TO AMEND SECTION 47-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE DEFINITION OF ANIMAL, SO AS TO REDEFINE THE TERM ANIMAL AND
DEFINE THE WORDS SUSTENANCE AND SHELTER.-SHORT TITLE
02/04/97 House Introduced and read first time HJ-16
02/04/97 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-18
A BILL
TO AMEND SECTION 47-1-10, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE DEFINITION OF
ANIMAL, SO AS TO REDEFINE THE TERM ANIMAL AND
DEFINE THE WORDS SUSTENANCE AND SHELTER; TO
AMEND SECTION 47-1-40, AS AMENDED, RELATING TO THE
ILL-TREATMENT OF AN ANIMAL SO AS TO ALLOW FOR
DISPOSITION OF A PERSON'S CASE, WHO HAS ALLEGEDLY
DISOBEYED THIS SECTION, TO BE HEARD IN EITHER
MAGISTRATE'S OR MUNICIPAL COURT; TO AMEND
SECTION 47-1-50, AS AMENDED, RELATING TO PENALTIES
FOR THE MISUSE AND ABANDONMENT OF AN ANIMAL SO
AS TO DELETE THE PROVISION THAT A PERSON MAY NOT
KNOWINGLY OR WILFULLY AUTHORIZE OR PERMIT AN
ANIMAL TO BE SUBJECTED TO UNNECESSARY TORTURE,
SUFFERING, OR CRUELTY; TO AMEND SECTION 47-1-70, AS
AMENDED, RELATING TO THE ABANDONMENT OF AN
ANIMAL AND THE DEFINITION OF THE TERM NECESSITIES
OF LIFE SO AS TO DELETE THE REQUIREMENT THAT AN
ANIMAL MUST BE GIVEN A SUPPLY OF CLEAN, FRESH,
AND POTABLE WATER AT LEAST ONCE DAILY; TO AMEND
SECTION 47-1-90, RELATING TO THE TRANSPORTATION OF
AN ANIMAL IN RAILROAD CARS SO AS TO REQUIRE ANY
COMPANY CARRYING OR TRANSPORTING AN ANIMAL
NOT TO OVERLOAD THE VEHICLE CARRYING THE ANIMAL
AND TO PROVIDE THAT AN ANIMAL MUST NOT BE
CONFINED IN A VEHICLE FOR A PERIOD LONGER THAN
TWENTY-FOUR CONSECUTIVE HOURS UNLESS
CIRCUMSTANCES STATED IN THIS SECTION ALLOW; TO
AMEND SECTION 47-1-100, RELATING TO THE CARE OF AN
ANIMAL UNLOADED DURING TRANSIT SO AS TO MAKE
TECHNICAL CHANGES; TO AMEND SECTION 47-1-120,
RELATING TO THE CUSTODY OF AN ANIMAL WHEN ITS
KEEPER IS ARRESTED, SO AS TO DELETE LANGUAGE AND
PROVISIONS REGARDING CERTAIN VEHICLES; TO AMEND
SECTION 47-1-140, RELATING TO THE CARE OF AN ANIMAL
AFTER ITS CUSTODIAN'S ARREST SO AS TO DELETE THE
REQUIREMENT THAT AN ANIMAL TAKEN AFTER ITS
CUSTODIAN'S ARREST BE CARED AND PROVIDED
PROPERLY FOR BY THE PERSON MAKING THE ARREST
UNTIL THE OWNER TAKES CUSTODY OF THE ANIMAL AND
TO ALLOW AN ANIMAL TO BE SEIZED PRECEDING AN
ARREST PURSUANT TO SECTION 47-1-150; TO AMEND
SECTION 47-1-150, RELATING TO ANIMAL CRUELTY LAWS,
SO AS TO ALLOW AN ANIMAL TO BE HELD BY THE SOUTH
CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY
TO ANIMALS OR OTHER SOCIETY INVOLVED IN THE
SEIZURE OF AN ANIMAL AFTER ITS CUSTODIAN'S ARREST
PENDING CRIMINAL DISPOSITION OF THE CASE AT A
FACILITY MAINTAINED OR CONTRACTED BY THAT
AGENCY; TO AMEND SECTION 47-1-170, RELATING TO
PENALTIES, FINES, AND LIENS ASSESSED UPON AN
ANIMAL CRUELLY USED SO AS TO DELETE THE CURRENT
PROVISIONS AND REQUIRE THE CONVICTED OWNER OR
PERSON HAVING CUSTODY OF A CRUELLY USED ANIMAL
TO FORFEIT OWNERSHIP OF THE ANIMAL AND BE
RESPONSIBLE FOR COSTS INCURRED AS ORDERED BY THE
SENTENCING COURT; AND TO REPEAL SECTION 47-1-30,
RELATING TO WILFUL ABUSE OF HORSES OR OTHER
"BEASTS OF BURDEN".
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 47-1-10 of the 1976 Code is amended to
read:
"Section 47-1-10. In As used in this chapter
the words 'animal' or 'animals' shall be held to include all brute
creatures.:
(1) 'Animal' or 'animals' shall be held to include all living
vertebrate creatures except homo sapiens.
(2) 'Sustenance' means adequate food provided at suitable
intervals of quantities of wholesome foodstuff suitable for the species
and age, sufficient to maintain a reasonable level of nutrition to allow
for proper growth and weight and adequate water provided with
constant access to a supply of clean, fresh, and potable water
provided in a suitable manner for the species.
(3) 'Shelter' means shelter that reasonably may be expected to
protect the animal from physical suffering or impairment of health
due to exposure to the elements or adverse weather."
SECTION 2. Section 47-1-40 of the 1976 Code, as last amended
by Act 430 of 1992, is further amended to read:
"Section 47-1-40. (A) Whoever overloads, overdrives, overworks,
or ill-treats any animal, or deprives any animal of necessary
sustenance or shelter, or inflicts unnecessary pain or suffering upon
any animal, or causes these things to be done, for every offense is
guilty of a misdemeanor and, upon conviction, must be punished by
imprisonment not exceeding sixty days or by a fine of not less than
one hundred dollars nor more than four hundred dollars for a first
offense; by imprisonment not exceeding ninety days or by a fine not
exceeding eight hundred dollars, or both, for a second offense; or by
imprisonment not exceeding two years or by a fine not exceeding two
thousand dollars, or both, for a third or subsequent offense.
Notwithstanding any other provision of law, a first offense under this
subsection shall be tried in magistrate's or municipal court.
(B) Whoever tortures, torments, needlessly mutilates, cruelly kills,
or inflicts excessive or repeated unnecessary pain or suffering upon
any animal or causes the acts to be done for any of the offenses is
guilty of a misdemeanor and, upon conviction, must be punished by
imprisonment of not less than one hundred eighty days and not to
exceed two years and by a fine of five thousand dollars.
(C) This section does not apply to fowl, accepted animal
husbandry practices of farm operations, and the
training of animals, the practice of veterinary medicine, or activity
authorized by Title 50."
SECTION 3. Section 47-1-50 of the 1976 Code, as last amended
by Act 398 of 1992, is further amended to read:
"Section 47-1-50. (A) An owner, a possessor, or a person having
the charge or custody of an animal may not:
(1) cruelly drive or work it when unfit for labor;
(2) carry it, or cause it to be carried, in or upon a vehicle or
otherwise in an unnecessarily cruel or inhuman
inhumane manner; or.
(3) knowingly or wilfully authorize or permit it to be
subjected to unnecessary torture, suffering, or cruelty.
(B) A person who violates this section is guilty of a misdemeanor
and, upon conviction, must be punished for each offense in the
manner prescribed in Section 47-1-40(A)."
SECTION 4. Section 47-1-70 of the 1976 Code, as last amended
by Act 398 of 1992, is further amended to read:
"Section 47-1-70. (A) A person may not abandon an animal. As
used in this section 'abandonment' is defined as deserting, forsaking,
or intending to give up absolutely an animal without securing another
owner or without providing the necessities of life. 'Necessities of
life' includes:
(1) adequate water which means a constant access to a supply
of clean, fresh, and potable water provided in a suitable manner for
the species at least once daily;
(2) adequate food which means provision at suitable intervals
of quantities of wholesome foodstuff suitable for the species and age,
sufficient to maintain a reasonable level of nutrition to allow for
proper growth and weight;
(3) adequate shelter which means shelter that reasonably may
be expected to protect the animal from physical suffering or
impairment of health due to exposure to the elements or adverse
weather.
(B) A person who violates this section is guilty of a misdemeanor
and, upon conviction, must be fined not less than two hundred nor
more than five hundred dollars or imprisoned not more than thirty
days, or both. Offenses under this section must be tried in the
magistrate's or municipal court.
(C) A hunting dog that is positively identifiable in accordance with
Section 47-3-510 or Section 47-3-530 is exempt from this section."
SECTION 5. Section 47-1-90 of the 1976 Code is amended to
read:
"Section 47-1-90. No railroad company in the carrying or
transportation of animals shall overload the cars
vehicles nor permit the animals to be confined in cars
vehicles for a longer period than thirty-six
twenty-four consecutive hours without unloading them for
rest, water, and feeding for a period of at least five
consecutive hours, unless prevented from so unloading by storm or
other accidental causes beyond the control of such railroad
company; provided, however, that when animals shall be
carried in cars vehicles in which they can and do
have proper food, water, and space and opportunity for rest,
the foregoing provisions in regard to their being unloaded shall not
apply.
In estimating such confinement the time during which the animals
have been confined without such rest on connecting roads from
which they are received shall be included, it being the intent of this
section to prohibit their continuous confinement beyond the period
of thirty-six twenty-four hours, except upon the
contingencies hereinbefore stated."
SECTION 6. Section 47-1-100 of the 1976 Code is amended to
read:
"Section 47-1-100. Animals unloaded as required by Section
47-1-90 shall must be properly fed, watered,
and sheltered during such rest by the owner or person having
the custody thereof or, in case of his default in so
doing, then by the railroad company transporting such
animals at the expense of the owner or person in custody
thereof; and the company shall, in such case, have a lien upon
such animals for food, care, and custody furnished and shall
not be liable for any detention of such animals."
SECTION 7. Section 47-1-120 of the 1976 Code is amended to
read:
"Section 47-1-120. When any a person arrested
is, at the time of such the arrest, in charge of
any an animal, or any vehicle drawn by
or containing any animal, any an agent of the South
Carolina Society for the Prevention of Cruelty to Animals, or of any
society incorporated for that purpose, may take charge of
such the animal and of such vehicle and its
contents and deposit them the animal in a safe
place of custody or deliver them the animal into the
possession of the police or sheriff of the county or place
wherein where the arrest was made, who shall
thereupon assume the custody thereof of the
animal; and all necessary expenses incurred in taking charge of
such property the animal shall be a lien thereon."
SECTION 8. Section 47-1-140 of the 1976 Code is amended to
read:
"Section 47-1-140. The person making the arrest, with or without
warrant, shall use reasonable diligence to give notice thereof
to the owner of the animals found in the charge or custody of the
person arrested, if such the person be
is not himself the owner, and shall properly
care and provide properly for such the
animals until such owner shall take charge of them; and the owner
shall take charge of the animals within fifteen days from the date of
such notice. The person making such arrest shall have a lien on
the animals for the expense of such care and provision. But if such
person making the arrest be an agent of the South Carolina Society
for the Prevention of Cruelty to Animals, or other society
incorporated for that purpose, the provisions of Section 47-1-120
shall apply in lieu of the provisions of this section.
Notwithstanding any other provision of law, an animal may be
seized preceding an arrest and pursuant to Section 47-1-150."
SECTION 9. Section 47-1-150 of the 1976 Code is amended to
read:
"Section 47-1-150. When complaint is made on oath or
affirmation to any magistrate authorized to issue warrants in criminal
cases that the complainant believes and has reasonable cause to
believe that the laws in relation to cruelty to animals have been or are
being violated in any particular building or place, such magistrate, if
satisfied that there is reasonable cause for such belief, shall issue a
search warrant authorizing any sheriff, deputy sheriff, deputy state
constable, constable or police officer to search such building or place;
but no such search shall be made after sunset, unless specially
authorized by the magistrate upon satisfactory cause shown. If
an animal is seized pursuant to this section and the South Carolina
S.P.C.A. or other society incorporated for that purpose is involved
with the seizure, the animal may be held pending criminal disposition
of the case at a facility maintained or contracted by that agency."
SECTION 10. Section 47-1-170 of the 1976 Code is amended to
read:
"Section 47-1-170. All penalties, fines and costs incurred by
reason of violations of any of the provisions of Sections 47-1-40,
47-1-50, 47-1-90, 47-1-100, or 47-1-140 shall constitute and be a lien
upon the animal so cruelly used. The owner or person
having charge or custody of an animal cruelly used who is convicted
of any violation of this chapter forfeits ownership, charge, or custody
of the animal and at the discretion of the court, the person who is
charged with or convicted of a violation of this chapter must be
ordered to pay costs incurred to care for the animal and related
expenses."
SECTION 11. Section 47-1-30 of the 1976 Code is repealed.
-----XX----- |