South Carolina General Assembly
115th Session, 2003-2004

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Bill 41

Indicates Matter Stricken
Indicates New Matter


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

A BILL

TO AMEND SECTION 47-3-740 BY ADDING THE PENALTY FOR OWNING OR HARBORING AN ANIMAL FOR FIGHTING OR ATTACKING HUMANS OR DOMESTIC ANIMALS AND TO ORDER THE ANIMAL DESTROYED UPON CONVICTION OF THE OWNER.

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

SECTION    1.    Section 47-3-740 of the 1976 Code is amended to read:

"Section 47-3-740    (A) No person may own or harbor an animal for the purpose of fighting or train, torment, badger, bait, or use an animal for the purpose of causing or encouraging the animal to unprovoked attacks upon human beings or domestic animals.

(B) No person may possess with intent to sell, offer for sale, breed, or buy or attempt to buy a known dangerous animal; however, this subsection does not apply to a person who is licensed to possess and breed an animal under the classifications specified and regulated by the United States Department of Agriculture under the Animal Welfare Act as codified in Title 7 of the United States Code.

(C) A person who is the owner of a dangerous animal in violation of this Section;

(1) for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars and not more than five thousand dollars and imprisoned not less than 30 or more than 90 days. In lieu of imprisonment, the court may require that the individual complete an appropriate term of community service of not fewer than 180 hours upon terms and conditions the court considers proper.

(2) for a second or subsequent offense, is guilty of a Class C misdemeanor and, upon conviction, must be fined not less than five thousand dollars and not more than ten thousand dollars and imprisoned not less than 90 days and not more than one year.

(D) Any dangerous animal as defined in 47-3-710 (A) (3) that has, for any reason, attacked a human being or a domestic animal must be ordered destroyed upon conviction of the owner in accordance with this Section."

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

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