Current Status Bill Number:1261 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19960320 Primary Sponsor:Leventis All Sponsors:Leventis, McGill, Moore, Richter, McConnell, Gregory, Russell, Jackson, Greg Smith, Passailaigue, Courson, Land and Thomas Drafted Document Number:bbm\10573jm.96 Residing Body:House Current Committee:Agriculture, Natural Resources and Environmental Affairs Committee 20 HANR Date of Last Amendment:19960429 Subject:Animals, ill-treatment of
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19960430 Introduced, read first time, 20 HANR
referred to Committee
Senate 19960429 Amended, read third time,
sent to House
Senate 19960425 Amended, read second time,
ordered to third reading
with notice of general amendments
Senate 19960424 Committee report: Favorable with 01 SANF
amendment
Senate 19960320 Introduced, read first time, 01 SANR
referred to Committee
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Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
April 29, 1996
S. 1261
Introduced by SENATORS Leventis, McGill, Moore, Richter, McConnell, Gregory, Russell, Jackson, Greg Smith, Passailaigue, Courson, Land and Thomas
S. Printed 4/29/96--S.
Read the first time March 20, 1996.
TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO, AMONG OTHER THINGS, CHANGE VARIOUS PENALTIES, INCLUDING MAKING CERTAIN MISDEMEANOR OFFENSES FELONIES, ALLOW CERTAIN FIRST OFFENSE VIOLATIONS TO BE TRIED IN MUNICIPAL COURT, AND DELETE THE EXEMPTION PROVIDING THAT THIS SECTION DOES NOT APPLY TO FOWL.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. 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 may be punished by imprisonment not exceeding sixty days or by a fine of not less than one hundred dollars nor more than four five hundred dollars, or both, 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; is guilty of a felony and may be punished or by imprisonment not exceeding two five years or by a fine not exceeding two five 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 felony and, upon conviction, must may be punished by imprisonment of not less than one hundred eighty days and not to exceed two five 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 2. This act takes effect upon approval by the Governor.