2005-2006 Bill 3313: Penalties Increased for Ill-Treatment of Animals - South Carolina

South Carolina General Assembly

116th Session, 2005-2006

H. 3313

STATUS INFORMATION

General Bill

Sponsors: Reps. R.Brown, Merrill, Whipper, Altman, Limehouse, Miller and MoodyLawrence

Document Path: l:\council\bills\ms\7092ahb05.doc

Companion/Similar bill(s): 86

Introduced in the House on January 18, 2005

Currently residing in the House Committee on Judiciary

Summary: Penalties increased for ill-treatment of animals

HISTORY OF LEGISLATIVE ACTIONS

DateBodyAction Description with journal page number

1/18/2005HouseIntroduced and read first time HJ4

1/18/2005HouseReferred to Committee on JudiciaryHJ4

1/25/2005HouseMember(s) request name removed as sponsor: G.R.Smith

2/1/2005HouseMember(s) request name added as sponsor: Ceips

2/14/2006HouseMember(s) request name removed as sponsor: Ceips

VERSIONS OF THIS BILL

1/18/2005

A BILL

TO AMEND SECTION 47140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ILLTREATMENT 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:

SECTION1.Section 47140 of the 1976 Code, as last amended by Act 294 of 2000, is further amended to read:

“Section 47140.(A)WhoeverA person who knowingly or intentionally overloads, overdrives, overworks, illtreats any animal, or deprives anyan animal of necessary sustenance or shelter, inflicts unnecessary pain or suffering upon anyan animal, or by omission or commission knowingly or intentionally causes these thingsthe 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 exceedingimprisoned not more than sixty days or by a fine offined not less than one hundred dollars nor more than five hundred dollars, or both, for a first offense; by imprisonment not exceedingimprisoned not more than ninety days or by a fine not exceedingfined not more than eight hundred dollars, or both, for a second offense; or by imprisonment not exceedingimprisoned not more than two years or by a fine not exceedingfined not more than two thousand dollars, or both, for a third or subsequent offense. Notwithstanding any otheranother provision of law, a first offense underpursuant to the provisions of this subsection shallmust be tried in magistrate’smagistrates or municipal court.

(B)WhoeverA person who tortures, torments, needlessly mutilates, cruelly kills, or inflicts excessive or repeated unnecessary pain or suffering upon anyan 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 ofimprisoned not less than one hundred eighty days and not to exceedsix months nor more than five years and by a fine offined 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.”

SECTION2.This act takes effect upon approval by the Governor.

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