South Carolina General Assembly
112th Session, 1997-1998

Bill 3182


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       3182
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19970114
Primary Sponsor:                   Seithel 
All Sponsors:                      Seithel 
Drafted Document Number:           bbm\9032ac.97
Residing Body:                     House
Current Committee:                 Judiciary Committee 25 HJ
Subject:                           Ill treatment of animals,
                                   penalties



History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________
House   19970114  Introduced, read first time,             25 HJ
                  referred to Committee
House   19970108  Prefiled, referred to Committee          25 HJ

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL TREATMENT OF ANIMALS, SO AS TO CHANGE CERTAIN OF THESE OFFENSES TO FELONIES AND TO INCREASE PENALTIES.

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 an animal, or deprives any an animal of necessary sustenance or shelter, or inflicts unnecessary pain or suffering upon any an animal, or causes these things to be done, for every offense is guilty of a misdemeanor and, upon conviction, must be punished by imprisonment imprisoned not exceeding more than sixty days or by a fine of fined not less than one hundred dollars nor or more than four hundred dollars for a first offense; by imprisonment must be imprisoned not exceeding more than ninety days or by a fine fined not exceeding more than eight hundred dollars, or both, for a second offense; or by imprisonment is guilty of a misdemeanor and, upon conviction, must be imprisoned not exceeding two more than three years or by a fine fined not exceeding more than 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 must be tried in magistrate's court.

(B) Whoever tortures, torments, needlessly mutilates, cruelly kills, or inflicts excessive or repeated unnecessary pain or suffering upon any an animal or causes the acts to be done for any of the these offenses is guilty of a misdemeanor felony and, upon conviction, must be punished by imprisonment of imprisoned not less than one hundred eighty days and not to exceed two up to five years and by a fine of fined five ten 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, violations of Section 16-17-650, or activity authorized by Title 50."

SECTION 2. This act takes effect upon approval by the Governor.

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