Amended

March 27, 2024

 

H. 4871

 

Introduced by Reps. Haddon, Ligon and Forrest

 

S. Printed 03/27/24--H.

Read the first time January 17, 2024

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 47-9-420 SO AS TO PROHIBIT THE INTERFERENCE OR INTERACTION WITH FARM ANIMALS BEING TRANSPORTED BY A MOTOR VEHICLE WITHOUT PERMISSION.

    Amend Title To Conform

 

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

 

SECTION 1.  Article 1, Chapter 9, Title 47 of the S.C. Code is amended by adding:

 

    Section 47-9-420.  (A) No person may interfere with a motor vehicle transporting farm animals. For purposes of this subsection, "interfere" shall be defined as intentional, knowing, or reckless acts that disrupt or otherwise impede the transportation of farm animals without prior consent of the driver of the motor vehicle.

    (B) No person may harass a farm animal while being transported by a motor vehicle without the prior consent of the driver of the motor vehicle. For purposes of this subsection, "harass" shall be defined as intentional, knowing, or reckless acts having the effect of causing apparent emotional distress or fear.

    (C) Prior consent of the driver of a motor vehicle transporting farm animals may not be inferred by a person seeking to interfere or interact with a farm animal being transported solely because the driver has not specifically prohibited the person from doing so.

    (D) Consent to interfering or interacting with a farm animal is invalid if it is obtained from the driver of the motor vehicle transporting the farm animal using duress or under false pretenses.

    (E) The prohibitions of this section do not apply to:

       (1) a law enforcement officer if the person is acting within the scope of his duties;

       (2) a firefighter, paramedic, or other emergency personnel if the person is acting within the scope of his duties; or

       (3) any other person permitted by law, if the person is acting within the scope of his duties.

    (F) Any person convicted under the provisions of this section is subject to a penalty of one hundred dollars or to imprisonment for a term not exceeding six months, or both, in the discretion of the court. In case such offender repeats the same or commits a like offense, upon conviction is subject to a penalty of two hundred dollars or to imprisonment for a term not exceeding one year, or both, in the discretion of the court.

 

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

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