HB1361 (As Introduced) - 1998 Regular Session

MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Judiciary B

By: Representative Holden

House Bill 1361

AN ACT TO PROHIBIT TREATING ANIMALS IN A CRUEL MANNER; TO DEFINE CERTAIN TERMS; TO PROHIBIT THE NEGLECT OF ANIMALS AND PROVIDE PENALTIES THEREFOR; TO PROHIBIT ANIMAL CRUELTY AND PROVIDE PENALTIES THEREFORE; TO AMEND SECTION 97-41-3, MISSISSIPPI CODE OF 1972, TO REVISE THE AUTHORITY TO EUTHANASIA ANIMALS; TO AMEND SECTION 97-41-11, MISSISSIPPI CODE OF 1972, TO REVISE PENALTIES FOR USING ANIMALS FOR FIGHTING PURPOSES; TO REPEAL SECTIONS 97-41-1, 97-41-5, 97-41-7, 97-41-9, 97-41-13, 97-41-16 AND 97-41-17, MISSISSIPPI CODE OF 1972, WHICH PROHIBIT CRUELTY TO ANIMALS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise:

(a) "Abandon" or "abandonment" means that an owner or custodian of an animal has moved leaving an animal behind without making provisions for its care, has carried an animal away from his or her property and intentionally deserted the animal, has forced the animal to leave or has otherwise neglected or refused to provide an animal with sustenance and humane care.

(b) "Animal" shall include every living creature.

(c) "Animal shelter" means a building for housing animals that are neglected, abandoned, feral, unwanted, stray, abused, or are the subject of an unresolved animal abuse complaint, or lawful quarantine, which facility is run by a county, municipality or private society of the prevention of cruelty.

(d) "Cruelty," "torture," or "torment" includes every act, omission or neglect whereby unnecessary or unjustifiable pain or suffering is caused.

(e) "Euthanize" or "euthanasia" means the humane killing of an animal by a licensed veterinarian or by an animal control officer, a law enforcement officer or an agent of a society for the prevention of cruelty by means of a method recognized by the American and Mississippi Veterinary Medical Association as humane.

(f) "Injury" or "injured" means physical damage or harm inflicted or suffered.

(g) "Neglect" means an owner or custodian of an animal omits, fails, disregards, or refuses to provide the which is necessary sustenance, or protection for the well being of the animal.

(h) "Owner," "person" and "custodian" includes corporations, and the knowledge and acts of agents and employees of corporations in regard to animals transported, owned, employed by or in the custody of a corporation.

(i) "Sanitary conditions" means living space free from health hazards such as accumulated animal excreta, exposure to disease, overcrowding or other conditions that endanger an animal's well-being.

(j) "Shelter" means appropriate protection or housing from discomfort and the elements, suitable for the age, breed and species of an animal necessary to sustain the animal in good health.

(k) "Sustenance" or "care" means the provision of sufficient and appropriate wholesome food and unpolluted water, shelter, sanitary conditions, veterinary medical attention and necessary grooming necessary to maintain an animal's well being.

SECTION 2. (1) Any person who:

(a) Abandons an animal;

(b) Overrides, overdrives or overloads an animal;

(c) Teases or provokes an animal in an attempt to provoke aggression in an animal, or cause injury or emotional distress to an animal or an animal's owner;

(d) Carelessly injures an animal;

(e) Deprives an animal of appropriate food, clean water, appropriate shelter, or veterinary attention needed to prevent suffering and distress; or

(f) Fails to provide an animal with appropriate sustenance, adequate care, or fails to maintain sanitary conditions for an animal or animals;

is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than One Hundred Fifty Dollars ($150.00) or more than One Thousand Five Hundred Dollars ($1,500.00), up to one (1) year in jail, up to five hundred (500) hours of community service, or any combination thereof.

(2) As a condition of a sentence given for a conviction of a violation of this section, a defendant may be:

(a) Ordered to reimburse persons and organizations for the cost of caring for any animal seized from the offender;

(b) Ordered to surrender any or all animals owner or possessed by the offender to an animal control agency or welfare organization;

(d) Ordered to seek or receive psychiatric or psychological counseling.

(3) A person who owns or possesses an animal in violation of an order issued pursuant to this section is subject to revocation of probation if the order is issued as a condition of probation. A person who owns or possesses an animal in violation of an order issued under this section is also subject to the civil and criminal contempt power of the court, and if found guilty of criminal contempt, may be punished by imprisonment for no more than ninety (90) days, or by a fine of not more than Five Hundred Dollars ($500.00), or both, and may be ordered to serve the time and/or pay the fine suspended in the original court order, if any.

(4) Immediately upon conviction, or admission, of a violation of this section, the defendant shall be ordered to permanently surrender the animals involved to an animal control or animal protection organization.

(5) Nothing in this section shall be construed to prohibit the lawful killing of livestock, any customary animal husbandry or farming practice involving livestock, the lawful killing and use of an animal pursuant to fish and wildlife regulations, pest control, or scientific research that is being conducted in compliance with federal regulations.

SECTION 3. (1) Any person who:

(a) Causes the cruel death of an animal in any manner;

(b) Tortures, torments or causes excessive or repeated infliction of unnecessary pain or suffering upon an animal;

or causes the same to be done, is guilty of a felony and upon conviction shall be punished by a fine of not less than One Thousand Five Hundred Dollars ($1,500.00) or more than Ten Thousand Dollars ($10,000.00), up to five (5) years in jail, up to one thousand (1000) hours of community service, or any combination thereof.

(2) As a condition of a sentence given for a conviction of a violation of this section, a defendant may be:

(a) Ordered to reimburse persons and organizations for the cost of caring for any animal seized from the offender;

(b) Ordered to surrender any or all animals owned or possessed by the offender to an animal control agency or welfare organization;

(d) Ordered to seek or receive psychiatric or psychological counseling.

(3) A person who owns or possesses an animal in violation of an order issued pursuant to this section is subject to revocation of probation if the order is issued as a condition of probation. A person who owns or possesses an animal in violation of an order issued under this section is also subject to the civil and criminal contempt power of the court, and, if found guilty of criminal contempt, may be punished by imprisonment for no more than ninety (90) days, or by a fine of not more than Five Hundred Dollars ($500.00), or both, and may be ordered to serve the time and/or pay the fine suspended in the original court order, if any.

(4) Immediately upon conviction, or admission, of a violation of this section the defendant shall be ordered to permanently surrender the animals involved to an animal control or animal protection organization.

SECTION 4. Section 97-41-3, Mississippi Code of 1972, is amended as follows:

97-41-3. Without regard for minimum holding period, any licensed veterinarian, law enforcement officer, animal control officer or agent of a society for the prevention of cruelty, may euthanize, or caused to be euthanized, any animal if in the opinion of three respectable citizens the animal is found to be:

(a) Injured or diseased beyond reasonable recovery;

(b) Incapacitated with age;

(d) Otherwise poses a threat to humans or animals.

SECTION 5. Section 97-41-11, Mississippi Code of 1972, is amended as follows:

97-41-11. Any person who shall keep or use, or in any way be connected with or interested in the management of, or shall receive money for the admission of any person to, any place kept or used for the purpose of fighting any bear, cock or other creature, * * * or of tormenting or torturing the same, and every person who shall encourage, aid, or assist therein, or who shall permit or suffer any place to be so kept or used, shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than Five Hundred Dollars ($500.00) nor more than One Thousand Five Hundred Dollars ($1,500.00) and shall be imprisoned in the county jail for not less than ten (10) days nor more than one hundred (100) days. It shall be the duty of any policeman or other officer of the law, state, county or municipal, to enter into any such place kept for such purpose, and to arrest each and every person concerned or participating therein.

SECTION 6. Sections 97-41-1, 97-41-5, 97-41-7, 97-41-9, 97-41-13, 97-41-16 AND 97-41-17, Mississippi Code of 1972, which provide for the prohibition of cruelty to animals depriving animals of food or water, certain penalties, penalties for injuries to animal and the prohibition of poisoning animals, are repealed.

SECTION 7. This act shall take effect and be in force from and after July 1, 1998.