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A345, R384, S229
Sponsors: Senator Grooms
Document Path: l:\council\bills\bbm\10514ahb05.doc
Introduced in the Senate on January 12, 2005
Introduced in the House on March 22, 2006
Last Amended on June 1, 2006
Passed by the General Assembly on June 1, 2006
Governor's Action: June 12, 2006, Signed
Summary: Illegal to engage in Hog-dog fighting or events
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/12/2005 Senate Introduced and read first time SJ-22 1/12/2005 Senate Referred to Committee on Judiciary SJ-22 2/28/2006 Senate Referred to Subcommittee: Hawkins (ch), Cromer, Sheheen, Lourie 3/15/2006 Senate Committee report: Favorable with amendment Judiciary SJ-11 3/16/2006 Senate Amended SJ-12 3/16/2006 Senate Read second time SJ-12 3/21/2006 Senate Read third time and sent to House SJ-15 3/22/2006 House Introduced and read first time HJ-6 3/22/2006 House Referred to Committee on Judiciary HJ-7 5/17/2006 House Committee report: Favorable with amendment Judiciary HJ-5 5/19/2006 Scrivener's error corrected 5/24/2006 House Amended HJ-22 5/24/2006 House Requests for debate-Rep(s). Vick, Miller, G Brown, Kennedy, Anderson, Hosey, Bales, Neilson, Lucas, Hiott, Skelton, JH Neal, Moody-Lawrence, Mahaffey, Rhoad, JR Smith, Jennings, Ott, Frye, Clark, Hinson, and Umphlett HJ-28 5/25/2006 House Read second time HJ-59 5/25/2006 House Roll call Yeas-78 Nays-15 HJ-62 5/30/2006 House Read third time and returned to Senate with amendments HJ-50 5/30/2006 Senate House amendment amended SJ-94 5/30/2006 Senate Returned to House with amendments SJ-94 5/31/2006 House Non-concurrence in Senate amendment HJ-75 5/31/2006 Senate Senate insists upon amendment and conference committee appointed Hawkins, Knotts, and Lourie SJ-114 5/31/2006 House Conference committee appointed Reps. GM Smith, Herbkersman, and Vick HJ-203 6/1/2006 House Free conference powers granted HJ-192 6/1/2006 House Free conference committee appointed Reps. GM Smith, Herbkersman, and Vick HJ-192 6/1/2006 House Free conference report received and adopted HJ-195 6/1/2006 Senate Free conference powers granted SJ-90 6/1/2006 Senate Free conference committee appointed Hawkins, Knotts and Lourie SJ-90 6/1/2006 Senate Free conference report adopted SJ-91 6/1/2006 House Ordered enrolled for ratification HJ-205 6/7/2006 Ratified R 384 6/12/2006 Signed By Governor 6/15/2006 Copies available 6/15/2006 Effective date 06/12/06 6/23/2006 Act No. 345
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
(A345, R384, S229)
AN ACT TO AMEND SECTION 16-17-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COCKFIGHTING, SO AS TO INCLUDE GAME FOWL TESTING IN THE OFFENSE, DEFINE THE TERM "ILLEGAL GAME FOWL TESTING", INCREASE THE PENALTIES, PROVIDE FOR FORFEITURE OF CERTAIN PROPERTY GAINED OR USED IN A VIOLATION OF THIS OFFENSE, AND TO REQUIRE GAME FOWL BREEDERS AND TESTING FACILITIES TO COMPLY WITH REGULATIONS REGARDING AVIAN INFLUENZA PREPAREDNESS AND TESTING; TO AMEND SECTION 16-27-50, RELATING TO THE SEIZURE OF ANIMALS WHEN A PERSON VIOLATES THE PROVISIONS OF THE ANIMAL FIGHTING AND BAITING ACT, SO AS TO PROVIDE THAT THE PROVISIONS OF THE OFFENSE OF CRUEL WORK OF ANIMALS APPLY AND TO PROVIDE THAT A VIOLATION OF THE ANIMAL FIGHTING AND BAITING ACT MUST BE CONSIDERED AS CRUEL TREATMENT OF AN ANIMAL AND THE OWNER MUST BE DEEMED UNFIT; BY ADDING SECTION 16-27-55 SO AS TO ALLOW THE FORFEITURE OF CERTAIN PROPERTY WHEN A PERSON VIOLATES A PROVISION OF THE ANIMAL FIGHTING AND BAITING ACT, TO PROVIDE PROCEDURES FOR FORFEITURE, AND TO CREATE AN EXCEPTION FOR THE INNOCENT OWNER OF PROPERTY SUBJECT TO FORFEITURE; TO AMEND SECTION 16-27-80, RELATING TO EXCEPTIONS FOR DOGS USED FOR HUNTING AND FOX-PEN-TRIALS, SO AS TO ALSO EXCEPT DOGS HUNTING ON SHOOTING PRESERVES OR WILDLIFE MANAGEMENT AREAS BUT TO SPECIFICALLY INCLUDE HOG-DOG FIGHTS, HOG-DOG RODEOS, AND HOG-DOGGING WHEN BETTING TAKES PLACE OR WHEN AWARDS ARE GIVEN BASED ON THE ABILITY OF A DOG TO CATCH A HOG UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 44-53-530, RELATING TO FORFEITURE PROCEDURES, SO AS TO PROVIDE PROCEDURES FOR A DEFENDANT OR HIS ATTORNEY TO PROVIDE WRITTEN NOTICE OF THE PERSON'S INTEREST IN THE PROPERTY SEIZED.
Be it enacted by the General Assembly of the State of South Carolina:
Crimes and offenses, cockfighting
SECTION 1. Section 16-17-650 of the 1976 Code is amended to read:
"Section 16-17-650. (A) A person who engages in or is present at cockfighting or game fowl fighting or illegal game fowl testing is guilty of a:
(1) misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year for a first offense; or
(2) misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned not more than three years for a second or subsequent offense.
(B) For purposes of this section, 'illegal game fowl testing' means allowing game fowl to engage in physical combat:
(1) with or without spurs or other artificial items while in the presence of more than five spectators;
(2) under any circumstances while employing spurs or other artificial items or with the injection or application of a stimulant substance; or
(3) for purposes of or in the presence of wagering or gambling.
(C) A person who violates the provisions of subsection (A)(1) must be tried exclusively in summary court.
(D) A person who violates the provisions of subsection (A)(2) is subject to the forfeiture of monies, negotiable instruments, and securities specifically gained or used to engage in or further a violation of this section pursuant to Section 16-27-55.
(E) All game fowl breeders and game fowl breeder testing facilities must comply with the Department of Health and Environmental Control and the State Veterinarian's regulations, policies, and procedures regarding avian influenza preparedness and testing. In the event of an avian influenza outbreak in South Carolina, all game fowl breeders and game fowl breeder testing facilities must allow the Department of Health and Environmental Control and the State Veterinarian to conduct avian influenza testing of all game fowl."
Crimes and offenses, animal fighting and baiting, cruel work
SECTION 2. Section 16-27-50 of the 1976 Code is amended to read:
"Section 16-27-50. (A) The provisions of Section 47-1-150 apply to this chapter.
(B) For purposes of a hearing to determine whether the owner is able to provide adequately for the animal and is fit to have custody of the animal, any animal found to be owned, trained, possessed, purchased, sold, transported, or bred in violation of this chapter must be considered cruelly treated and the owner must be deemed unfit."
Crimes and offenses, animal fighting and baiting, forfeiture
SECTION 3. Chapter 27, Title 16 of the 1976 Code is amended by adding:
"Section 16-27-55. (A) A person who violates a provision of this chapter is subject to forfeiture of:
(1) property, both real and personal, which is knowingly used to engage in a violation or to further a violation of this chapter; and
(2) monies, negotiable instruments, securities, or other things of value furnished or intended to be furnished by a person to engage in or further a violation of this chapter.
(B) Property subject to forfeiture pursuant to the provisions of this chapter may be seized by the appropriate law enforcement agency with a warrant properly issued by a court with jurisdiction over the property. Property may be seized without a warrant if the:
(1) seizure is incident to an arrest or a search with a search warrant or an inspection under an administrative inspection warrant;
(2) property subject to seizure was the subject of a prior judgment in favor of the State in a criminal injunction or forfeiture proceeding pursuant to the provisions of this chapter;
(3) law enforcement agency has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or
(4) law enforcement agency has probable cause to believe that the property was used or is intended to be used in violation of the provisions of this chapter.
(C) Forfeiture proceedings instituted pursuant to the provisions of this section are subject to the procedures and requirements for forfeiture as set out in Section 44-53-530.
(D) Property taken or detained pursuant to the provisions of this section is not subject to replevin but is considered to be in the custody of the law enforcement agency making the seizure subject only to an order of the court having jurisdiction over the forfeiture proceedings.
(E) For purposes of this section, when the seizure of property subject to forfeiture is accomplished as a result of a joint effort by more than one law enforcement agency, the law enforcement agency initiating the investigation is considered to be the agency making the seizure.
(F) A law enforcement agency seizing property pursuant to the provisions of this section shall take reasonable steps to maintain the property. Equipment and conveyances seized must be removed to an appropriate place for storage. Monies seized must be deposited in an interest bearing account pending final disposition by the court unless the seizing agency determines the monies to be of an evidential nature and provides for appropriate security in another manner.
(G) When property, monies, negotiable instruments, securities, or other things of value are seized pursuant to the provisions of subsection (A), the law enforcement agency making the seizure, within ten days or a reasonable period of time after the seizure, shall submit a report to the appropriate prosecuting agency.
(1) The report must include the following information:
(a) a description of the property seized;
(b) the circumstances of the seizure;
(c) the present custodian and where the property is being stored or its location;
(d) the name of the owner of the property;
(e) the name of any lienholders of the property; and
(f) the seizing agency.
(2) If the property is a conveyance, the report must include the:
(a) make, model, serial number, and year of the conveyance;
(b) person in whose name the conveyance is registered; and
(c) name of any lienholders.
(3) In addition to the report provided for in items (1) and (2) of this subsection, the appropriate law enforcement agency shall prepare for dissemination to the public, upon request, a report providing the following information:
(a) a description of the quantity and nature of the property and money seized;
(b) the seizing agency;
(c) the make, model, and year of a conveyance; and
(d) the law enforcement agency responsible for the property or conveyance seized.
(H) Property or conveyances seized by a law enforcement agency may not be used by officers or employees of the agency for personal purposes.
(I)(1) An innocent owner or a manager or owner of a licensed rental agency or a common carrier or carrier of goods for hire may apply to the court of common pleas for the return of an item seized pursuant to the provisions of this chapter. Notice of hearing or rule to show cause accompanied by copy of the application must be directed to all persons and agencies entitled to notice as provided in Section 44-53-530. If the court denies the application, the hearing may proceed as a forfeiture hearing held pursuant to the provisions of Section 44-53-530.
(2) The court may return a seized item to the owner if the owner demonstrates to the court by a preponderance of the evidence:
(a) in the case of an innocent owner, that the person or entity was not a consenting party to, or privy to, or did not have knowledge of, the use of the property which made it subject to seizure and forfeiture; or
(b) in the case of a manager or an owner of a licensed rental agency, a common carrier, or a carrier of goods for hire, that an agent, servant, or employee of the rental agency or of the common carrier or carrier of goods for hire was not a party to, or privy to, or did not have knowledge of, the use of the property which made it subject to seizure and forfeiture.
(3) If the licensed rental agency demonstrates to the court that it has rented the seized property in the ordinary course of its business and that the tenant or tenants were not related within the third degree of kinship to the manager or owner, or any agents, servants, or employees of the rental agency, then it is presumed that the licensed rental agency was not a party to, or privy to, or did not have knowledge of, the use of the property which made it subject to seizure and forfeiture.
(4) The lien of an innocent person or other legal entity, recorded in public records, continues in force upon transfer of title of a forfeited item, and a transfer of title is subject to the lien if the lienholder demonstrates to the court by a preponderance of the evidence that he was not a consenting party to, or privy to, or did not have knowledge of, the involvement of the property which made it subject to seizure and forfeiture."
Crimes and offense, animal fighting and baiting, exceptions, hog-dog rodeos
SECTION 4. Section 16-27-80 of the 1976 Code is amended to read:
"Section 16-27-80. (A) This chapter does not apply to dogs used for the purpose of hunting, including, but not limited to, hunting on shooting preserves or wildlife management areas authorized pursuant to Title 50, or to dogs used in field trials, including events more commonly known as 'water races', 'treeing contests', 'coon-on-a-log', 'bear-baying', or 'fox-pen-trials'. Such 'fox-pen-trials' must be approved by permit for field trials by the South Carolina Department of Natural Resources.
(B) Except as otherwise provided in Section 16-27-60, this chapter applies to events more commonly known as 'hog-dog fights', 'hog-dog rodeos', or 'hog-dogging' in which bets are placed, or cash, points, titles, trophies, or other awards are given based primarily on the ability of a dog to catch a hog using physical contact in the controlled environment of an enclosure."
Forfeiture, with notice of interest in property
SECTION 5. Section 44-53-530(a) of the 1976 Code is amended by adding a new undesignated paragraph at the end to read:
"If a defendant or his attorney sends written notice to the petitioner or the seizing agency of his interest in the subject property, service may be made by mailing a copy of the petition to the address provided and service may not be made by publication. In addition, service by publication may not be used for a person incarcerated in a South Carolina Department of Corrections facility, a county detention facility, or other facility where inmates are housed for the county where the seizing agency is located. The seizing agency shall check the appropriate institutions after receiving an affidavit of nonservice before attempting service by publication."
SECTION 6. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 7. If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 8. This act takes effect upon approval by the Governor.
Ratified the 7th day of June, 2006.
Approved the 12th day of June, 2006.
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