A bill

to amend the South Carolina Code of Laws by enacting "Fargo's and Hyco's Law"; and BY AMENDING ARTICLE 11, CHAPTER 3, TITLE 47, RELATING TO TEASING, MALTREATING, AND INJURING POLICE DOGS, SO AS TO INCREASE THE PENALTIES AND TO MAKE A TECHNICAL CHANGE.

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

SECTION 1.   This act may be cited as "Fargo's and Hyco's Law".

SECTION 2.   Article 11, Chapter 3, Title 47 of the S.C. Code is amended to read:

Article 11

Teasing, Maltreating, and Injuring Police Dogs and Horses Prohibited

   Section 47-3-610.   (A) It is unlawful for a person to wilfully and maliciously taunt, torment, tease, beat, strike, or administer or subject a desensitizing drug, chemical, or substance to a dog or horse used by a law enforcement department or agency in the performance of the functions or duties of the department or agency or when a dog is placed in a kennel off duty or a horse is placed in a stable off duty, or to interfere or meddle with a dog or horse used by a law enforcement department or agency in the performance of the functions or duties of the department or agency.

   (B) A person who violates a provision of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars nor more than five thousand dollars or imprisoned not less than thirty days nor more than five years, or both.

   Section 47-3-620.   (A) It is unlawful for a person to wilfully or maliciously torture, mutilate, injure, disable, poison, or kill a dog or horse used by a law enforcement department or agency in the performance of the functions or duties of the department or when a dog is placed in a kennel off duty or a horse is placed in a stable off duty. However, a police officer or veterinarian may perform euthanasia in emergency situations when delay would cause the dog or horse undue suffering and pain.

   (B) A person who violates a provision of this section is guilty of a felony and, upon conviction, must be fined not less than two thousand dollars nor more than twenty thousand dollars, and sentenced to a term of imprisonment of not less than two years nor more than ten years. In addition to any other penalty provided in this section, a person convicted of a violation of this section must pay restitution to the law enforcement department or agency in the amount that would cover the full cost of restoring or replacing the animal that was injured or killed, including all related purchase, training, and veterinary expenses incurred as a result of the incident. In addition to any other penalty imposed upon a person convicted of violating this section, the court also may require one year of animal-related community service for the convicted person.

   Section 47-3-630.   A person who violates any of the provisions of this article, except for Section 47-3-620, is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned not less than thirty days nor more than six months, or both. A person who violates the provisions of Section 47-3-620 is guilty of a felony and, upon conviction, must be fined not less than two thousand dollars nor more than five thousand dollars and imprisoned not less than one year nor more than five years Nothing in this article may be construed to deny a person the right to assert the legal defense of self-defense.

SECTION 3.   This act takes effect upon approval by the Governor.

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