Bill 4257

                    Current Status

Introducing Body:               House
Bill Number:                    4257
Ratification Number:            509
Act Number:                     430
Primary Sponsor:                Cromer
Type of Legislation:            GB
Subject:                        Animals, ill-treatment of
Date Bill Passed both Bodies:   May 21, 1992
Computer Document Number:       BBM/9614.JM
Governor's Action:              S
Date of Governor's Action:      Jun 02, 1992
Introduced Date:                Jan 22, 1992
Date of Last Amendment:         May 14, 1992
Last History Body:              ------
Last History Date:              Jun 02, 1992
Last History Type:              Act No. 430
Scope of Legislation:           Statewide
All Sponsors:                   Cromer
Type of Legislation:            General Bill

 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 4257  ------  Jun 02, 1992  Act No. 430
 4257  ------  Jun 02, 1992  Signed by Governor
 4257  ------  May 27, 1992  Ratified R 509
 4257  House   May 21, 1992  Concurred in Senate
                             amendment, enrolled for
                             ratification
 4257  Senate  May 15, 1992  Read third time, returned
                             with amendment
 4257  Senate  May 14, 1992  Amended, read second time,
                             unanimous consent for third
                             reading on Friday, May 15,
                             1992
 4257  Senate  May 07, 1992  Committee Report: Favorable     11
                             with amendment
 4257  Senate  Mar 30, 1992  Introduced, read first time,    11
                             referred to Committee
 4257  House   Mar 26, 1992  Read third time, sent to
                             Senate
 4257  House   Mar 25, 1992  Amended, read second time
 4257  House   Mar 18, 1992  Committee Report: Favorable     20
                             with amendment
 4257  House   Jan 22, 1992  Introduced, read first time,    20
                             referred to Committee

(A430, R509, H4257)

AN ACT TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRUELTY TO ANIMALS, ILL-TREATMENT OF ANIMALS GENERALLY, AND CERTAIN PENALTIES, SO AS TO EXTEND APPLICATION OF CERTAIN PROVISIONS OF THE SECTION TO ALL OFFENDING PERSONS, INCREASE THE PENALTIES, AND PROVIDE THAT A FIRST OFFENSE VIOLATION SHALL BE TRIED IN MAGISTRATE'S COURT, TO INCREASE THE PENALTY FOR A PERSON WHO TORTURES, TORMENTS, NEEDLESSLY MUTILATES, CRUELLY KILLS, OR INFLICTS EXCESSIVE OR REPEATED UNNECESSARY PAIN OR SUFFERING UPON ANY ANIMAL, OR CAUSES THESE ACTS TO BE DONE, INCLUDING MANDATING BOTH FINE AND IMPRISONMENT FOR COMMITTING THE CRIME, RATHER THAN MERELY ALLOWING THE IMPOSITION OF FINE AND IMPRISONMENT, AND TO PROVIDE THAT THIS CODE SECTION DOES NOT APPLY TO ACTIVITY AUTHORIZED BY TITLE 50 (FISH, GAME, AND WATERCRAFT).

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

Penalties changed; exceptions extended; etc.

SECTION 1. Section 47-1-40 of the 1976 Code, as last amended by Act 401 of 1988, is further amended to read:

"Section 47-1-40. (A) Whoever overloads, overdrives, overworks, or ill-treats any animal, or deprives any animal of necessary sustenance or shelter, or inflicts unnecessary pain or suffering upon any animal, or causes these things to be done, for every offense is guilty of a misdemeanor and, upon conviction, must be punished by imprisonment not exceeding sixty days or by a fine of not less than one hundred dollars nor more than four hundred dollars for a first offense; by imprisonment not exceeding ninety days or by a fine not exceeding eight hundred dollars, or both, for a second offense; or by imprisonment not exceeding two years or by a fine not exceeding two thousand dollars, or both, for a third or subsequent offense. Notwithstanding any other provision of law, a first offense under this subsection shall be tried in magistrate's court.

(B) Whoever tortures, torments, needlessly mutilates, cruelly kills, or inflicts excessive or repeated unnecessary pain or suffering upon any animal or causes the acts to be done for any of the offenses is guilty of a misdemeanor and, upon conviction, must be punished by imprisonment of not less than one hundred eighty days and not to exceed two years and by a fine of five thousand dollars.

(C) This section does not apply to fowl, accepted animal husbandry practices of farm operations, the training of animals, the practice of veterinary medicine, or activity authorized by Title 50."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 2nd day of June, 1992.