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21Ratification Number: 325Act Number: 294Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19990112Primary Sponsor: LeventisAll Sponsors: Leventis, Branton, McConnell, Rankin, ReeseDrafted Document Number: l:\council\bills\ggs\22020djc99.docDate Bill Passed both Bodies: 20000518Date of Last Amendment: 20000517Governor's Action: SDate of Governor's Action: 20000526Subject: Animals, ill-treatment of; penalties increased, Crimes and OffensesHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20000606 Act No. A294 ------ 20000526 Signed by Governor ------ 20000523 Ratified R325 Senate 20000518 Concurred in House amendment, enrolled for ratification House 20000518 Read third time, returned to Senate with amendment House 20000517 Amended, read second time House 20000426 Debate adjourned until Wednesday, 20000510 House 20000426 Amended House 20000405 Committee report: Favorable with 20 HANR amendment House 19990427 Recommitted to Committee 20 HANR House 19990421 Debate interrupted House 19990420 Request for debate by Representative Easterday Loftis House 19990420 Objection by Representative Tripp Kennedy House 19990420 Request for debate by Representative Haskins House 19990414 Committee report: Favorable with 20 HANR amendment House 19990128 Introduced, read first time, 20 HANR referred to Committee Senate 19990127 Read third time, sent to House Senate 19990126 Read second time Senate 19990121 Committee report: Favorable 01 SANR Senate 19990112 Introduced, read first time, 01 SANR referred to Committee Senate 19981118 Prefiled, referred to Committee 01 SANR Versions of This Bill Revised on January 21, 1999 - Word format Revised on April 14, 1999 - Word format Revised on April 5, 2000 - Word format Revised on April 26, 2000 - Word format Revised on May 17, 2000 - Word format
(A294, R325, S21)
AN ACT TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO, AMONG OTHER THINGS, CHANGE VARIOUS PENALTIES, INCLUDING MAKING CERTAIN MISDEMEANOR OFFENSES FELONIES AND ALLOW CERTAIN FIRST OFFENSE VIOLATIONS TO BE TRIED IN MAGISTRATE'S OR MUNICIPAL COURT.
Be it enacted by the General Assembly of the State of South Carolina:
Cruelty to and ill-treatment of animals; penalties
SECTION 1. Section 47-1-40 of the 1976 Code, as last amended by Act 367 of 1998, is further amended to read:
"Section 47-1-40. (A) Whoever knowingly or intentionally overloads, overdrives, overworks, ill-treats any animal, deprives any animal of necessary sustenance or shelter, inflicts unnecessary pain or suffering upon any animal, or by omission or commission knowingly or intentionally 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 five hundred dollars, or both, 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 or municipal court.
(B) Whoever tortures, torments, needlessly mutilates, cruelly kills, or inflicts excessive or repeated unnecessary pain or suffering upon any animal or by omission or commission causes the acts to be done for any of the offenses is guilty of a felony and, upon conviction, must be punished by imprisonment of not less than one hundred eighty days and not to exceed five years and by a fine of five 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, agricultural practices, forestry and silvacultural practices, wildlife management practices, or activity authorized by Title 50."
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 23rd day of May, 2000.
Approved the 26th day of May, 2000.
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