Current Status Introducing Body:
SenateBill Number: 1244Ratification Number: 367Act Number: 327Primary Sponsor: LandType of Legislation: GBSubject: Farm Animal and Research Facilities Protection ActCompanion Bill Number: 4438Date Bill Passed both Bodies: Apr 02, 1992Computer Document Number: JIC/6083.HCGovernor's Action: SDate of Governor's Action: Apr 10, 1992Introduced Date: Feb 04, 1992Last History Body: ------Last History Date: Apr 10, 1992Last History Type: Act No. 327Scope of Legislation: StatewideAll Sponsors: LandType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 1244 ------ Apr 10, 1992 Act No. 327 1244 ------ Apr 10, 1992 Signed by Governor 1244 ------ Apr 07, 1992 Ratified R 367 1244 House Apr 02, 1992 Read third time, enrolled for ratification 1244 House Apr 01, 1992 Read second time 1244 House Mar 18, 1992 Recalled from Committee 20 1244 House Mar 18, 1992 Introduced, read first time, 20 referred to Committee 1244 Senate Mar 17, 1992 Read third time, sent to House 1244 Senate Mar 12, 1992 Read second time 1244 Senate Mar 11, 1992 Polled out of Committee 01 1244 Senate Feb 04, 1992 Introduced, read first time, 01 referred to CommitteeView additional legislative information at the LPITS web site.
(A327, R367, S1244)
AN ACT TO AMEND TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANIMALS, LIVESTOCK, AND POULTRY, BY ADDING CHAPTER 21 SO AS TO ENACT THE FARM ANIMAL AND RESEARCH FACILITIES PROTECTION ACT, AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 16-1-10 SO AS TO ADD TO THE LIST THE OFFENSES DESIGNATED FELONIES IN THE FARM ANIMAL AND RESEARCH FACILITIES PROTECTION ACT.
Be it enacted by the General Assembly of the State of South Carolina:
Farm Animal and Research Facilities Protection Act enacted
SECTION 1. Title 47 of the 1976 Code is amended by adding:
Section 47-21-10. This chapter may be cited as the Farm Animal and Research Facilities Protection Act.
Section 47-21-20. As used in this chapter:
(1) `Actor' means a person accused of any of the offenses defined in this chapter.
(2) `Animal' means a warm or cold-blooded animal used in food or fiber production, agriculture, research, testing, or education, including poultry, fish, and insects.
(3) `Animal facility' includes a vehicle, building, structure, or premises where an animal is kept, tested, handled, housed, exhibited, bred, or offered for sale and includes a research facility where research or testing on animals is conducted.
(4) `Consent' means assent in fact, whether express or apparent.
(5) `Deprive' means:
(a) to withhold an animal or other property from the owner permanently or for such an extended time that a major portion of the value or enjoyment of the animal or property is lost to the owner;
(b) to restore the animal or other property only upon payment for reward or other compensation; or
(c) to dispose of an animal or other property in a manner that makes recovery of the animal or property by the owner unlikely.
(6) `Effective consent' includes consent by a person legally authorized to act for the owner. Consent is not effective if:
(a) induced by force, threat, false pretenses, or fraud;
(b) given by a person the actor knows is not legally authorized to act for the owner;
(c) given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable decisions; or
(d) given solely to detect the commission of an offense.
(7) `Owner' means a person who has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor.
(8) `Person' means an individual, corporation, association, nonprofit corporation, joint-stock company, firm, trust, partnership, two or more persons having a joint or common interest, or other legal entity.
(9) `Possession' means actual care, custody, control, or management.
Section 47-21-30. A person commits an offense if, without the effective consent of the owner, the person acquires or otherwise exercises control over an animal facility, an animal from an animal facility, or other property from an animal facility with the intent to deprive the owner of the facility, animal, or property, and to disrupt or damage the enterprise conducted at the animal facility.
Section 47-21-40. A person commits an offense if, without the effective consent of the owner, the person damages or destroys an animal facility or an animal or property in or on an animal facility with the intent to disrupt or damage the enterprise conducted at the animal facility.
Section 47-21-50. A person commits an offense if, without the effective consent of the owner and with the intent to disrupt or damage the enterprise conducted at the animal facility, the person:
(1) enters an animal facility, not then open to the public, with intent to commit an act prohibited by this section;
(2) remains concealed, with intent to commit an act prohibited by this section, in an animal facility; or
(3) enters an animal facility and commits or attempts to commit an act prohibited by this section.
Section 47-21-60. (A) A person commits an offense if, without the effective consent of the owner, the person enters or remains in an animal facility with the intent to disrupt or damage the enterprise conducted at the animal facility, and the person:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
(B) For purposes of this section, `notice' means:
(1) oral or written communication by the owner or someone with apparent authority to act for the owner;
(2) fencing or other enclosure obviously designed to exclude intruders or to contain animals; or
(3) a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden.
Section 47-21-70. This chapter does not apply to, affect, or otherwise prohibit actions taken by the Department of Agriculture, any other federal, state, or local department or agency, or an official or employee of these entities while in the exercise or performance of a power or duty imposed by law or regulation.
Section 47-21-80. (A) A person violating Sections 47-21-30, 47-21-40, and 47-21-50 is guilty of a felony and, upon conviction, must be punished by a fine of not more than ten thousand dollars or by imprisonment for not more than three years, or both.
(B) A person violating Section 47-21-60 is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than five thousand dollars or by imprisonment for not more than one year, or both."
SECTION 2. The offenses established pursuant to Sections 47-21-30, 47-21-40, and 47-21-50 of the 1976 Code, as added by this act, are added to the list of felonies enumerated in Section 16-1-10 of the 1976 Code.
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 10th day of April, 1992.