H 4674 General Bill, By Harrison, J.L.M. Cromer, J.L. Harris, Harvin, Jennings, 
Knotts, Richardson, T.F. Rogers, Seithel, P.H. Thomas and W.J. Young

Similar(S 1263)
 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 seize

   02/26/96  House  Introduced and read first time HJ-5
   02/26/96  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-6

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 and recognized 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."

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 person arrested is, at the time of such arrest, in charge of any animal or any vehicle drawn by or containing any animal, any 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 animal and of such vehicle and its contents and deposit them in a safe place of custody or deliver them into the possession of the police or sheriff of the county or place wherein the arrest was made, who shall thereupon assume the custody thereof; and all necessary expenses incurred in taking charge of such property shall be a lien thereon. This section shall not apply to any arrest made for violations under this chapter."

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 shall 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.