South Carolina General Assembly
115th Session, 2003-2004

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A37, R89, S36

STATUS INFORMATION

General Bill
Sponsors: Senators Knotts, Moore, J. Verne Smith, Elliott, Ravenel, Reese, Short, Setzler and Courson
Document Path: l:\council\bills\dka\3031sl03.doc
Companion/Similar bill(s): 3427

Introduced in the Senate on January 14, 2003
Introduced in the House on April 10, 2003
Last Amended on May 15, 2003
Passed by the General Assembly on May 20, 2003
Governor's Action: June 2, 2003, Signed

Summary: Layla's Law, protection of guide dogs

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/4/2002  Senate  Prefiled
   12/4/2002  Senate  Referred to Committee on Medical Affairs
   1/14/2003  Senate  Introduced and read first time SJ-36
   1/14/2003  Senate  Referred to Committee on Medical Affairs SJ-36
    4/2/2003  Senate  Committee report: Favorable with amendment Medical 
                        Affairs SJ-16
    4/3/2003  Senate  Amended SJ-17
    4/3/2003  Senate  Read second time SJ-17
    4/3/2003  Senate  Ordered to third reading with notice of amendments SJ-17
    4/8/2003          Scrivener's error corrected
    4/9/2003  Senate  Amended SJ-31
    4/9/2003  Senate  Read third time and sent to House SJ-31
   4/10/2003  House   Introduced and read first time HJ-9
   4/10/2003  House   Referred to Committee on Medical, Military, Public and 
                        Municipal Affairs HJ-9
   5/14/2003  House   Committee report: Favorable with amendment Medical, 
                        Military, Public and Municipal Affairs HJ-35
   5/15/2003  House   Amended HJ-37
   5/15/2003  House   Read second time HJ-38
   5/15/2003  House   Unanimous consent for third reading on next legislative 
                        day HJ-38
   5/16/2003  House   Read third time and returned to Senate with amendments 
                        HJ-2
   5/20/2003  Senate  Concurred in House amendment and enrolled SJ-23
   5/28/2003          Ratified R 89
    6/2/2003          Signed By Governor
    6/5/2003          Copies available
    6/5/2003          Effective date 06/02/03
   6/23/2003          Act No. 37

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/4/2002
4/2/2003
4/3/2003
4/8/2003
4/9/2003
5/14/2003
5/15/2003


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

(A37, R89, S36)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 3, TITLE 47 SO AS TO PROVIDE FOR THE PROTECTION OF GUIDE DOGS AND SERVICE ANIMALS, TO DEFINE CERTAIN TERMS, AND TO PROVIDE PENALTIES.

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

Protection of guide dogs

SECTION    1.    Chapter 3, Title 47 of the 1976 Code is amended by adding:

"Article 15

Protection of Guide Dogs

Section 47-3-910.    This article may be cited as 'Layla's Law'.

Section 47-3-920.    For purposes of this article:

(1)    'Guide dog' means a dog that is trained for the purpose of guiding blind persons or a dog trained for the purpose of assisting hearing impaired persons.

(2)    'Humane euthanasia' means the termination of a terminally ill or critically injured guide dog or service animal's life by a means that produces a rapid and minimally painful death as provided in Section 47-3-420.

(3)    'Notice' means an actual verbal or written warning prescribing the behavior of another person and a request that the person stop the behavior.

(4)    'Service animal' means an animal that is trained for the purposes of assisting or accommodating the sensory, mental, or physical disability of a disabled person.

(5)    'Value' means the value to the guide dog or service animal user and does not refer to the cost or fair market value.

Section 47-3-930.    (A)    It is unlawful for a person who has received notice that his behavior is interfering with the use of a guide dog or service animal to continue with reckless disregard to interfere with the use of a guide dog or service animal by obstructing, intimidating, or jeopardizing the safety of the guide dog or service animal or its user.

(B)    It is unlawful for a person with reckless disregard to allow his dog that is not contained by a fence, a leash, or another containment system to interfere with the use of a guide dog or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the guide dog or service animal or its user.

(C)    A person who violates subsection (A) or (B) is guilty of a misdemeanor triable in magistrate's court and, upon conviction, is subject to the maximum fines and terms of imprisonment in magistrate's court.

Section 47-3-940.    (A)    It is unlawful for a person with reckless disregard to injure, disable, or cause the death of a guide dog or service animal.

(B)    It is unlawful for a person with reckless disregard to allow his dog to injure, disable, or cause the death of a guide dog or service animal.

(C)    A person who violates subsection (A) or (B) is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned not more than six months, or both.

Section 47-3-950.    (A)    It is unlawful for a person to wrongfully obtain or exert unauthorized control over a guide dog or service animal with the intent to deprive the guide dog or service animal user of his guide dog or service animal.

(B)    A person who violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars or imprisoned not less than one year, or both.

Section 47-3-960.    (A)    It is unlawful for a person to intentionally injure, disable, or cause the death of a guide dog or service animal, except in the case of self-defense or humane euthanasia.

(B)    A person who violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years, or both.

Section 47-3-970.    (A)    A defendant convicted of a violation of this article may be ordered to make full restitution for damages including incidental and consequential expenses incurred by the guide dog or service animal and its user, which arise out of or are related to the criminal offense.

(B)    Restitution for a conviction under this article includes, but is not limited to:

(1)    the value of the replacement of an incapacitated or deceased guide dog or service animal, the training of a replacement guide dog or service animal, or retraining of the affected guide dog or service animal and related veterinary and care expenses; and

(2)    medical expenses of the guide dog or service animal user, training of the guide dog or service animal user, and compensation for wages or earned income lost by the guide dog or service animal user.

(C)    This article does not affect civil remedies available for conduct punishable under this article. Restitution paid pursuant to this article must be set off against damages awarded in a civil action arising out of the same conduct that resulted in the restitution payment."

Time effective

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

Ratified the 28th day of May, 2003.

Approved the 2nd day of June, 2003.

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