2025-2026 Bill 3034 Text of Previous Version (Apr. 29, 2026)

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "FARGO'S, HYCO'S, RICO'S, COBA'S, WICK'S, AND MIKKA'S LAW" BY AMENDING ARTICLE 11 OF CHAPTER 3, TITLE 47, RELATING TO TAUNTING, TORMENTING, INJURING, OR KILLING POLICE DOGS OR HORSES, SO AS TO EXPAND THE CONDUCT THAT RESULTS IN A VIOLATION, INCREASE THE PENALTIES, REQUIRE RESTITUTION TO THE LAW ENFORCEMENT DEPARTMENT OR AGENCY, AND MAKE TECHNICAL CHANGES.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. This act may be cited as "Fargo's, Hyco's, Rico's, Coba's, Wick's, Mikka's, and Bumi's Law."

SECTION 2. Article 11, Chapter 3, Title 47 of the S.C. Code is amended to read:

Article 11

Teasing, Maltreating, and Injuring Police Dogs or Horses Prohibited

Section 47-3-610. (A) It is unlawful for a person to wilfully and maliciously taunt, torment, tease, beat, strike, or administer or subject a desensitizing drug, chemical, or substance to a dog or horse used by a law enforcement department or agency in the performance of the functions or duties of the department or agency or when a dog is placed in a kennel off duty or a horse is placed in a stable off duty, or to interfere or meddle with a dog or horse used by a law enforcement department or agency in the performance of the functions or duties of the department or agency.

(B) A person who violates a provision of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.

Section 47-3-620. (A)(1) It is unlawful for a person to wilfully orand maliciously torture, mutilate, injure, disable, poison, or kill a dog or horse used by a law enforcement department or agency in the performance of the functions or duties of the department or when a dog is placed in a kennel off duty or a horse is placed in a stable off duty. However, a police officer or veterinarian may perform euthanasia in emergency situations when delay would cause the dog or horse undue suffering and pain.

(2) It is unlawful for a person to wilfully and maliciously shoot into a vehicle or trailer while a police dog or horse is inside .

(B) A person who violates a provision of subsection (A)(1) is guilty of a felony and, upon conviction, must be fined not less than two thousand dollars nor more than twenty thousand dollars, and imprisoned for not more than fifteen years. A person who violates a provision of subsection (A)(2) is guilty of a felony and, upon conviction, must be fined not more than one thousand dollars, and imprisoned for not more than five years. In addition to any other penalty provided in this section, the court shall order a person convicted of a violation of this section to pay restitution to the law enforcement department or agency in an amount that would cover the full cost of restoring or replacing the animal that was injured or killed, including all related purchase, training, and veterinary expenses incurred as a result of the incident.

Section 47-3-630. A person who violates any of the provisions of this article, except for Section 47-3-620, is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned not less than thirty days nor more than six months, or both. A person who violates the provisions of Section 47-3-620 is guilty of a felony and, upon conviction, must be fined not less than two thousand dollars nor more than five thousand dollars and imprisoned not less than one year nor more than five years. Nothing in this article may be construed to deny a person the right to assert the legal defense of self-defense.

Section 47-3-640. A law enforcement officer, including an officer of the State Law Enforcement Division, who engages a police dog and the police dog bites a person, must maintain a report with a detailed account of the incident which must include the injured person's race, gender, images of the bite, as well as the outcome of the case, all of which are subject to the provisions of Chapter 4, Title 30, the Freedom of Information Act.

SECTION 3. Section 42-7-90 of the S.C. Code is amended to read:

Section 42-7-90. From the State Accident Fund the following expenditures are authorized:

(1) for the payment of any award under this article made by the commission in connection with accidental injury or death of any official or employee of the State, any county or municipality therein, any political subdivision thereof or any agency or institution of the State or a county, municipality, or political subdivision thereof participating hereunder; or

(2) any other expenses authorized by law or approved by the State Fiscal Accountability Authority.

(3) first responder line of duty death benefit.

(a) For the purposes of this item, the term "first responder" means:

(i) an emergency medical technician as defined in Section 44-61-20(12);

(ii) a law enforcement officer as defined in Section 23-23-10(E)(1);

(iii) a corrections officer as described in Section 23-1-145 or Section 24-1-280;

(iv) reserves as defined in Section 23-28-10(A);

(v) constables appointed pursuant to Section 23-1-60;

(vi) a fire department worker who serves on a paid or voluntary basis for a firefighting agency, fire department, or a volunteer fire department and who performs duties related to rescue, fire suppression, and public safety; or

(vii) a coroner as defined in Section 17-5-5(3) or a deputy coroner as defined in Section 17-5-5(5) who directly engages in examining, treating, or directing persons during an emergency.

(b) Upon receipt by the State Accident Fund of the satisfactory proof of death of a first responder as defined in subitem (a) whose death was a natural and proximate result of an injury by external accident or violence incurred while undergoing a hazard peculiar to the first responder's employment as a first responder while in the actual performance of his duty, provided that his death is not the result of the first responder's wilful negligence, suicide, or intentionally self-inflicted bodily injury, there must be paid from the State Accident Fund to the designated beneficiary a one-time, lump sum benefit payment of seventy-five thousand dollars.

(c) The amount of the benefit provided for in subitem (b) is increased to a total of one hundred fifty thousand dollars if the first responder is killed in the line of duty as defined above and the first responder's death is either:

(i) the result of an unlawful and intentional act of another person; or

(ii) the result of an accident that occurs:

(A) as a result of the first responder's response to fresh pursuit, defined as the pursuit of a person who has committed or is reasonably suspected of having committed a felony, misdemeanor, traffic infraction, or violation of a county or municipal ordinance;

(B) as a result of the first responder's response to what is reasonably believed to be an emergency;

(D) while the first responder is enforcing what is reasonably believed to be a traffic law or ordinance.

(d) Payments made pursuant to this item must be paid to the beneficiary designated for this benefit by the first responder in writing and filed with the State Accident Fund in a manner prescribed by the agency during the first responder's lifetime. If no designation is made, then the payment must be paid to the first responder's surviving spouse. If there is no surviving spouse, the payment must be paid to the first responder's surviving children in equal portions. If there is no surviving spouse or child, the benefit is payable to the first responder's surviving parents in equal portions. If a beneficiary is not designated and there is no surviving child, spouse, or parent, then the sum must be paid to the first responder's estate. The payments required by this subsection are in addition to any other benefit set forth in this chapter or otherwise in law, including worker's compensation, but excluding first responder death benefit payments made to a member of a retirement system, and are exempt from the claims and demands of creditors of the first responder.

(e) Any benefits paid pursuant to this item are not subject to subrogation, assignment, set-off, or lien claimed pursuant to Section 42-1-560.

(f) Within thirty days after a written determination of the State Accident Fund regarding payment, a person or representative of the estate, as set out in subitem (d), may seek relief by requesting a contested case hearing before the Administrative Law Court in accordance with its rules. A hearing may be requested to contest any part of the decision made pursuant to this section.

(4) for the payment of an award for injury or death of a specific patrol canine or canine used by law enforcement for tracking or specific detection, as described in Section 23-23-140.

(a) Upon receipt by the State Accident Fund of the satisfactory proof of death of a specific patrol canine or canine used by law enforcement for tracking or specific detection, whose death was a natural or proximate result of an injury in the actual performance of the canine's duty, there must be paid from the State Accident Fund to the law enforcement agency responsible for the care and the training of a new canine a one-time, lump sum benefit of fifteen thousand dollars.

(b) Upon receipt by the State Accident Fund of the satisfactory proof of injury of a specific patrol canine or canine used by law enforcement tracking or specific detection, whose injury or illness was a natural or proximate result of an injury in the actual performance of the canine's duty, there must be paid from the State Accident Fund to the law enforcement agency responsible for the care and treatment of the canine an amount to reimburse the agency for the costs of treatment and care for the canine.

SECTION 4. 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 5. This act takes effect upon approval by the Governor.

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