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COMMITTEE REPORT
May 24, 2001
S. 465
S. Printed 5/24/01--S.
Read the first time March 20, 2001.
To whom was referred a Bill (S. 465) to amend Chapter 1, Title 47, Code of Laws of South Carolina, 1976, relating to cruelty to animals, by adding Section 47-1-45, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/ SECTION___. Section 20-7-510 of the 1976 Code, as last amended by Act 450 of 1996, is further amended by adding an appropriately numbered subitem to read:
"( ) An animal control officer, an officer or agent of the South Carolina Society for the Prevention of Cruelty to Animals, or an agent of any society incorporated for the purpose of preventing cruelty to animals who reports pursuant to this section or who participates in an investigation or judicial proceeding resulting from a report is immune from civil and criminal liability which may otherwise result by reason of this action. This immunity extends to full disclosure by the animal control officer of facts which gave these persons reason to believe that the child's physical or mental health or welfare had been or might be adversely affected by abuse or neglect." /
Amend the bill further, as and if amended, by adding an appropriately numbered new SECTION to read:
/ SECTION ___. Section 43-35-25 of the 1976 Code, as added by Act 110 of 1993, is amended by adding an appropriately numbered subitem to read:
"( ) An animal control officer, an officer or agent of the South Carolina Society for the Prevention of Cruelty to Animals, or an agent of any society incorporated for the purpose of preventing cruelty to animals who reports pursuant to this section or who participates in an investigation or judicial proceeding resulting from a report is immune from civil and criminal liability which may otherwise result by reason of this action. This immunity extends to full disclosure by the animal control officer of facts which gave these persons reason to believe that a vulnerable adult had been or is likely to be abused, neglected, or exploited." /
Renumber sections to conform.
Amend title to conform.
ROBERT L. WALDREP, JR. for Committee.
TO AMEND CHAPTER 1, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRUELTY TO ANIMALS, BY ADDING SECTION 47-1-45 SO AS TO PROVIDE THAT DEPARTMENT OF SOCIAL SERVICES AND ADULT PROTECTIVE SERVICES EMPLOYEES MUST REPORT KNOWN OR SUSPECTED INSTANCES OF ANIMAL CRUELTY, FIGHTING, OR BAITING, TO PROVIDE FOR IMMUNITY FROM LIABILITY FOR REPORTING PURSUANT TO THIS SECTION AND TO PROVIDE THAT ANY VETERINARIAN OR OTHER PERSON MAY REPORT SUSPECTED ANIMAL CRUELTY, FIGHTING, OR BAITING AND TO PROVIDE FOR IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY FOR REPORTING PURSUANT TO THIS SECTION; TO AMEND SECTION 20-7-510, AS AMENDED, RELATING TO PERSONS REQUIRED OR PERMITTED TO REPORT CHILD ABUSE OR NEGLECT, SO AS TO INCLUDE ANY OFFICER OR AGENT OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OF ANY SOCIETY INCORPORATED FOR THE PREVENTION OF CRUELTY TO ANIMALS AND ANY ANIMAL CONTROL OFFICER WITHIN THE SECTION; AND TO AMEND SECTION 43-35-25, RELATING TO PERSONS REQUIRED TO REPORT ABUSE, NEGLECT, OR EXPLOITATION OF VULNERABLE ADULTS, SO AS TO INCLUDE ANY OFFICER OR AGENT OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OF ANY SOCIETY INCORPORATED FOR THE PREVENTION OF CRUELTY TO ANIMALS OR ANY ANIMAL CONTROL OFFICER WITHIN THE SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1 of Title 47 of the 1976 Code is amended by adding:
"Section 47-1-45. (A) Any Department of Social Services and Adult Protective Services employee acting within the course and scope of his employment who knows or reasonably suspects that an animal has been abandoned or ill treated as set forth in this chapter or has been injured or killed through participation in animal fighting or baiting as prohibited by law must report the known or suspected instance of animal cruelty or animal fighting or baiting to an officer or agent of the South Carolina Society for the Prevention of Cruelty to Animals, or of any society incorporated for the purpose of preventing cruelty to animals, an animal control officer, or a law enforcement agency.
(B) Any Department of Social Services employee, acting within the course and scope of his employment, who reports animal cruelty, fighting, baiting, abuse, or neglect pursuant to this section is immune from liability under this section and the provisions of Sections 20-7-540 and 43-35-75.
(C) Any veterinarian or other person that has reasonable cause to believe that an animal has been abandoned or cruelly treated as set forth in this chapter or has been injured or killed through participation in animal fighting or baiting as prohibited by Section 16-27-10 or any other provisions of law may report the same to an officer or agent of the South Carolina Society for the Prevention of Cruelty to Animals or of any society incorporated for the purpose of preventing cruelty to animals, an animal control officer, or a law enforcement agency. A veterinarian or person who makes a report pursuant to this section or who participates in an investigation or judicial proceeding resulting from the report, acting in good faith, is immune from civil and criminal liability which might otherwise result by reason of these actions. In all such civil or criminal proceedings, good faith is rebuttably presumed."
SECTION 2. Section 20-7-510(A) of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:
"(A) A physician, nurse, dentist, optometrist, medical examiner or coroner or an employee of a county medical examiner's or coroner's office or any other medical, emergency medical services, mental health, or allied health professional or Christian Science practitioner, religious healer, school teacher, counselor, principal, assistant principal, social or public assistance worker, substance abuse treatment staff, or childcare worker in any daycare center or foster care facility, police or law enforcement officer, undertaker, funeral home director or employee of a funeral home or persons responsible for processing of films, any officer or agent of the South Carolina Society for the Prevention of Cruelty to Animals or of any society incorporated for the purpose of preventing cruelty to animals, any animal control officer, or any judge shall must report in accordance with this section when in the person's professional capacity the person has received information which gives the person reason to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect."
SECTION 3. Section 43-35-25(A) of the 1976 Code, as added by Act 110 of 1993, is amended to read:
"(A) A physician, nurse, dentist, optometrist, medical examiner, coroner, other medical, mental health or allied health professional, Christian Science practitioner, religious healer, school teacher, counselor, psychologist, mental health or mental retardation specialist, social or public assistance worker, caregiver, staff or volunteer of an adult daycare center or of a facility, any officer or agent of the South Carolina Society for the Prevention of Cruelty to Animals, or of any society incorporated for the purpose of preventing cruelty to animals, any animal control officer, or law enforcement officer having reason to believe that a vulnerable adult has been or is likely to be abused, neglected, or exploited shall report the incident in accordance with this section. Any other person who has actual knowledge that a vulnerable adult has been abused, neglected, or exploited shall report the incident in accordance with this section."
SECTION 4. This act takes effect upon approval by the Governor.
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