South Carolina H 5090: General Assembly

Bill Text

2025-2026 Bill 5090 Text of Previous Version (Feb. 04, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 5090

Indicates Matter Stricken
Indicates New Matter

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

House: Martin

Attorney: McIntosh

Drafting Assistant: Thurmond

Date: January 29, 2026

DOC. ID.: /LEGISLATIVE 
COUNCIL/CM/DRAFTS/LC-0458CM26/LC-0458CM26.DOCX

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT 
"RILEY'S ACT" BY AMENDING SECTION 47-1-40, RELATING TO THE ILL-TREATMENT OF 
ANIMALS, SO AS TO INCREASE THE PENALTIES; BY AMENDING SECTION 47-1-50, RELATING 
TO THE ILL-TREATMENT OF ANIMALS, SO AS TO REVISE THE PENALTIES; BY AMENDING 
SECTION 47-1-60, RELATING TO THE UNLAWFUL CUTTING OF MUSCLES OF TAILS OF 
HORSES, ASSES, MULES, MARES, OR GELDINGS, SO AS TO INCREASE THE PENALTIES; BY 
AMENDING SECTION 47-1-110, RELATING TO VIOLATIONS OF SECTIONS 47-1-90 AND 
47-1-100, SO AS TO INCREASE THE PENALTIES; BY AMENDING SECTION 47-1-125, 
RELATING TO THE UNLAWFUL COLORING, DYING, OR SALE OF CERTAIN ANIMALS, SO AS TO 
INCREASE THE PENALTIES; BY AMENDING SECTION 47-1-200, RELATING TO REQUIREMENTS 
FOR THE TRANSFER OF ANIMALS AND IMPORTATION OR EXPORTATION OF DOGS OR CATS, SO 
AS TO INCREASE THE PENALTIES; BY AMENDING SECTION 47-1-210, RELATING TO 
UNLAWFULLY OFFERING LIVE ANIMALS AS PRIZES, SO AS TO INCREASE THE PENALTIES; BY 
ADDING SECTION 47-1-220 SO AS TO PROVIDE THE STATE LAW ENFORCEMENT DIVISION 
SHALL POST ON ITS WEBSITE THE NAMES OF PERSONS CONVICTED OF CRUELTY TO ANIMALS 
CRIMES; and by adding section 47-1-230 so as to provide persons convicted OF 
MISDEMEANORS CONTAINED IN THIS CHAPTER MAY BE PROHIBITED FROM OWNING or 
possessing ANIMALS, AND TO PROVIDE PERSONS CONVICTED OF FELONIES CONTAINED IN 
THIS CHAPTER MUST BE PROHIBITED FROM OWNING or possessing ANIMALS.

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

SECTION 1. This act may be cited as "Riley's Act."

SECTION 2. Section 47-1-40 of the S.C. Code is amended to read:

 Section 
47-1-40. (A) A person who knowingly 
or intentionally overloads, overdrives, overworks, or ill-treats an animal, 
deprives an animal of necessary sustenance or shelter, inflicts unnecessary 
pain or suffering upon an animal, or by omission or commission knowingly or intentionally 
causes these acts to be done, is guilty of a misdemeanor and, upon conviction, 
must be punished by imprisonment not exceeding ninety daysof not more than one year or by a fine of not less than onefive hundred dollars nor 
more than onetwo 
thousand dollars, or both, for a first offense; or is 
guilty of a felony and, upon conviction must be by 
imprisonmentimprisoned not more than exceeding twofive years or by a fine not more 
than exceeding twofive 
thousand dollars, or both, for a second or subsequent offense.

 (B) A 
person who tortures, torments, needlessly mutilates, cruelly kills, or inflicts 
excessive or repeated unnecessary pain or suffering upon an animal or by 
omission or commission causes these acts to be done, is guilty of a felony and, 
upon conviction, must be punished by imprisonment of not less than one hundred eighty daysone year 
and not to exceed five years and by a fine of fiveten 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 silvaculturalsilviculture practices, wildlife management practices, or 
activity authorized by Title 50, including an activity authorized by the South 
Carolina Department of Natural Resources or an exercise designed for training 
dogs for hunting, if repeated contact with a dog or dogs and another animal 
does not occur during this training exercise.

SECTION 3. Section 47-1-50 of the S.C. Code is amended to read:

 Section 
47-1-50. (A) An owner, a possessor, 
or a person having the charge or custody of an animal may not:

 (1) 
cruelly drive or work it when unfit for labor;

 (2) 
carry it, or cause it to be carried, in or upon a vehicle or otherwise in an 
unnecessarily cruel or inhumane manner.

 (B) A 
person who violates this section is guilty of a 
misdemeanor and, upon conviction, must be punished for each offense in 
the manner prescribed in Section 47-1-40(A).

SECTION 4. Section 47-1-60 of the S.C. Code is amended to read:

 Section 
47-1-60. Any person who (a) cuts the tissue or 
muscle of the tail of any horse, ass, mule, mare or gelding, or otherwise 
operates upon it in any manner for the purpose or with the effect of altering 
the natural carriage of the tail, except when such cutting or operation is 
necessary for the health or life of the animal, as certified to in writing by a 
licensed veterinarian, (b) causes, procures or knowingly permits such cutting 
or operation to be done or (c) assists in or is volun