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Current Status Bill Number:View additional legislative information at the LPITS web site.3407 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990128 Primary Sponsor:Limehouse All Sponsors:Limehouse, Vaughn, Mack, Sharpe, Inabinett, Rhoad, Whipper, Webb, J. Smith, McMahand Drafted Document Number:l:\council\bills\ggs\22088cm99.doc Residing Body:House Current Committee:Agriculture, Natural Resources and Environmental Affairs Com 20 HANR Subject:Animals, ill-treatment of; certain penalties revised; Crimes and Offenses History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 19990128 Introduced, read first time, 20 HANR referred to Committee Versions of This 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 REVISE THE PENALTY, AND TO DELETE THE REQUIREMENT THAT PROVIDES THAT A FIRST OFFENSE FOR CERTAIN CRIMES SHALL BE TRIED IN MAGISTRATE'S OR MUNICIPAL COURT.
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 367 of 1998, is further amended to read:
"Section 47-1-40. (A) Whoever A person who 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 not exceeding sixty days more than one year or by a fine of not less than one hundred thousand dollars nor more than four hundred two thousand dollars for a first offense; by imprisonment not exceeding ninety days more than two years or by a fine not exceeding eight hundred more than three thousand dollars, or both, for a second offense; or by imprisonment not exceeding two more than three years or by a fine not exceeding two more than 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 A person who 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 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 more than three 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.
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