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TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ILL-TREATMENT OF ANIMALS, SO AS TO ADD THAT THE PROVISIONS OF THE SECTION DO NOT APPLY TO MEAT PRODUCING FOWL, COMMERCIAL EGG LAYING FOWL, OR FOWL THAT IS INDIGENOUS TO THE STATE USED FOR GAME OR SPORT.
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 294 of 2000, is further amended to read:
"Section 47-1-40. (A) Whoever A person who knowingly or intentionally overloads, overdrives, overworks, ill-treats any animal, or deprives any an animal of necessary sustenance or shelter, inflicts unnecessary pain or suffering upon any an animal, or by omission or commission knowingly or intentionally causes these things the acts provided in this subsection to be done, for every offense is guilty of a misdemeanor for each offense and, upon conviction, must be punished by imprisonment not exceeding imprisoned not more than sixty days or by a fine of fined not less than one hundred dollars nor more than five hundred dollars, or both, for a first offense; by imprisonment not exceeding imprisoned not more than ninety days or by a fine not exceeding fined not more than eight hundred dollars, or both, for a second offense; or by imprisonment not exceeding imprisoned not more than two years or by a fine not exceeding fined not more than two thousand dollars, or both, for a third or subsequent offense. Notwithstanding any other another provision of law, a first offense under pursuant to the provisions of this subsection shall must be tried in magistrate's magistrates 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 by omission or commission causes the acts provided in this subsection to be done, for any of the offenses is guilty of a felony and, upon conviction, must be punished by imprisonment of imprisoned not less than one hundred eighty days and not to exceed six months nor more than five years and by a fine of fined five thousand dollars.
(C) This section does not apply to meat producing fowl, commercial egg laying fowl, or fowl that is indigenous to the State used for game or sport, accepted animal husbandry practices of farm operations and the training of animals, the practice of veterinary medicine, agricultural practices, forestry and silvacultural practices, wildlife management practices, or activity authorized by Title 50."
SECTION 2. This act takes effect upon approval by the Governor.
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