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TO AMEND SECTION 47-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ILL-TREATMENT OF ANIMALS, SO AS TO REMOVE THE EXCEPTION FOR THE TRAINING OF HUNTING DOGS AND TO ALLOW FOR THE USE OF RECOGNIZED AND RESPONSIBLE TRAINING TECHNIQUES; AND TO AMEND SECTION 47-1-70, RELATING TO THE ABANDONMENT OF ANIMALS, SO AS TO REMOVE THE EXCEPTION FOR HUNTING DOGS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 47-1-40 of the 1976 Code is amended to read:
"Section 47-1-40. (A) A person who knowingly or intentionally overloads, overdrives, overworks, or ill-treats an animal, deprives an animal of necessary sustenance or shelter, inflicts unnecessary pain or suffering upon an animal, or by omission or commission knowingly or intentionally causes these acts to be done, is guilty of a misdemeanor and, upon conviction, must be punished by imprisonment not exceeding ninety days or by a fine of not less than one hundred dollars nor more than one thousand dollars, or both, for a first offense; or by imprisonment not exceeding two years or by a fine not exceeding two thousand dollars, or both, for a second or subsequent offense.
(B) A person who tortures, torments, needlessly mutilates, cruelly kills, or inflicts excessive or repeated unnecessary pain or suffering upon an animal or by omission or commission causes these acts to be done, is guilty of a felony and, upon conviction, must be punished by imprisonment of not less than one hundred eighty days and not to exceed five 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, agricultural practices, forestry and silvacultural practices, wildlife management practices, or activity authorized by Title 50, including an activity authorized by the South Carolina Department of Natural Resources
or an exercise designed for training dogs for hunting, if repeated contact with a dog or dogs and another animal does not occur during this training exercise.
(D) Nothing contained in this section prevents the use of recognized and responsible training techniques and devices provided they do not deprive an animal of necessary and life sustaining sustenance or shelter, cause unnecessary or extended pain or suffering, inflict torture or torment, or cause mutilation upon an animal."
SECTION 2. Section 47-1-70(C) of the 1976 Code is amended to read:
(C) A hunting dog that is positively identifiable in accordance with Section 47-3-510 or Section 47-3-530 is exempt from this section."
SECTION 3. This act takes effect upon approval by the Governor.
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