S 1263 Session 111 (1995-1996)
S 1263 General Bill, By Leventis, Courson, Gregory, Jackson, Land, McConnell,
McGill, Moore, Passailaigue, L.E. Richter, Russell, G. Smith and Thomas
Similar(H 4674)
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 and to make this Code Section applicable to
fowl; to amend Section 47-1-50, as amended, relating to penalties for 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 57-1-120, relating to the custody of
an animal when its keeper is arrested, so as to make this Section inapplicable
to persons who are arrested for violating Title 47, Chapter 1; 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 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".
03/20/96 Senate Introduced and read first time SJ-4
03/20/96 Senate Referred to Committee on Agriculture and Natural
Resources SJ-4
04/24/96 Senate Committee report: Favorable with amendment
Agriculture and Natural Resources SJ-50
04/25/96 Senate Read second time SJ-36
04/25/96 Senate Ordered to third reading with notice of
amendments SJ-36
04/29/96 Senate Amended SJ-27
04/29/96 Senate Read third time and sent to House SJ-27
04/30/96 House Introduced and read first time HJ-22
04/30/96 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-23
05/16/96 House Recalled from Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-110
05/21/96 House Objection by Rep. Witherspoon, Koon, Tripp,
Knotts, Cooper, Cain & Whatley HJ-129
05/23/96 House Recommitted to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-125
Indicates Matter Stricken
Indicates New Matter
RECALLED
May 16, 1996
S. 1263
Introduced by SENATORS Leventis, McGill, Richter, McConnell,
Gregory, Russell, Jackson, Greg Smith, Passailaigue, Courson, Land
and Thomas
S. Printed 5/16/96--H.
Read the first time April 30, 1996.
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 AND TO
MAKE THIS CODE SECTION APPLICABLE TO FOWL; 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 MAKE THIS
SECTION INAPPLICABLE TO PERSONS WHO ARE
ARRESTED FOR VIOLATING TITLE 47, CHAPTER 1; 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
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 and
all necessary expenses incurred in taking charge of such
property be a lien thereon of the
animal."
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 a 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.
SECTION 12. This act takes effect upon approval by the
Governor.
-----XX----- |