Current Status Bill Number:4712 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19960306 Primary Sponsor:Seithel All Sponsors:Seithel, Harrison, Mason, L. Whipper, J. Harris, Sandifer, S. Whipper, Neal, Bailey, Thomas, Whatley, Kinon, Lloyd, Herdklotz, Young-Brickell and J. Young Drafted Document Number:pfm\7997ac.96 Residing Body:House Current Committee:Agriculture, Natural Resources and Environmental Affairs Committee 20 HANR Subject:Animals, ill treatment of
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19960507 Committed to Committee 20 HANR
House 19960501 Objection by Representative Koon
Fleming
Witherspoon
G. Brown
Cotty
Law
Knotts
Riser
J. Hines
House 19960424 Committee report: Favorable with 25 HJ
amendment
House 19960306 Introduced, read first time, 25 HJ
referred to Committee
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Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 24, 1996
H. 4712
Introduced by REPS. Seithel, Harrison, Mason, L. Whipper, J. Harris, Sandifer, S. Whipper, Neal, Bailey, Thomas, Whatley, Kinon, Lloyd, Herdklotz, Young-Brickell and J. Young
S. Printed 4/24/96--H.
Read the first time March 6, 1996.
To whom was referred a Bill (H. 4712), to amend Section 47-1-40, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Section 47-1-40 of the 1976 Code, as last amended by Act 430 of 1992, is further amended to read:
"Section 47-1-40. (A) Whoever overloads, overdrives, overworks, or ill-treats any an animal, or deprives any an animal of necessary sustenance or shelter, or inflicts unnecessary pain or suffering upon any an animal, or causes these things to be done, for every offense is guilty of a misdemeanor and, upon conviction, must may be punished by imprisonment imprisoned not exceeding more than sixty days or by a fine of fined not less than one hundred dollars nor or more than four hundred dollars for a first offense; by imprisonment may be imprisoned not exceeding more than ninety days or by a fine fined not exceeding more than eight hundred dollars, or both, for a second offense; or by imprisonment is guilty of a misdemeanor and, upon conviction, may be imprisoned not exceeding two more than three years or by a fine fined not exceeding more than two five thousand dollars, or both, for a third or subsequent offense. Notwithstanding any other provision of law, a first offense under this subsection shall must 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 an animal or causes the acts to be done for any of the these offenses is guilty of a misdemeanor felony and, upon conviction, must may be punished by imprisonment of imprisoned not less than one hundred eighty days and not to exceed two up to five years and by a fine of may be fined five ten thousand dollars.
(C) This section does not apply to fowl, accepted animal husbandry practices of farm operations, and the training of animals, the practice of veterinary medicine, violations of Section 16-17-650, or activity authorized by Title 50."/
Renumber sections to conform.
Amend totals and title to conform.
JAMES H. HARRISON, for Committee.
TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL TREATMENT OF ANIMALS, SO AS TO CHANGE CERTAIN OF THESE OFFENSES TO FELONIES AND TO INCREASE PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 47-1-40 of the 1976 Code, as last amended by Act 430 of 1992, is further amended to read:
"Section 47-1-40. (A) Whoever overloads, overdrives, overworks, or ill-treats any an animal, or deprives any an animal of necessary sustenance or shelter, or inflicts unnecessary pain or suffering upon any an animal, or causes these things to be done, for every offense is guilty of a misdemeanor and, upon conviction, must be punished by imprisonment imprisoned not exceeding more than sixty days or by a fine of fined not less than one hundred dollars nor or more than four hundred dollars for a first offense; by imprisonment must be imprisoned not exceeding more than ninety days or by a fine fined not exceeding more than eight hundred dollars, or both, for a second offense; or by imprisonment is guilty of a felony and, upon conviction, must be imprisoned not exceeding two more than five years or by a fine fined not exceeding two more than five thousand dollars, or both, for a third or subsequent offense. Notwithstanding any other provision of law, a first offense under this subsection shall must 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 an animal or causes the acts to be done for any of the these offenses is guilty of a misdemeanor felony and, upon conviction, must be punished by imprisonment of imprisoned not less than one hundred eighty days two years and not to exceed two or more than five years and by a fine of five must be fined ten thousand dollars.
(C) This section does not apply to fowl, accepted animal husbandry practices of farm operations, and the training of animals, the practice of veterinary medicine, or activity authorized by Title 50."
SECTION 2. This act takes effect upon approval by the Governor.