SB2847 (As Introduced) - 1998 Regular Session

MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Wildlife and Fisheries; Judiciary

By: Senator(s) Farris

Senate Bill 2847

AN ACT TO REVISE LAWS RELATING TO ANIMAL CRUELTY; TO AMEND SECTION 97-41-1, MISSISSIPPI CODE OF 1972, TO PROVIDE DEFINITIONS; TO AMEND SECTION 97-41-3, MISSISSIPPI CODE OF 1972, TO REVISE THE AUTHORITY TO KILL AN INJURED, NEGLECTED OR DANGEROUS ANIMAL; TO AMEND SECTION 97-41-5, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR MISDEMEANOR ANIMAL NEGLECT; TO AMEND SECTION 97-41-7, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR FELONY ANIMAL CRUELTY; TO AMEND SECTION 97-41-11, MISSISSIPPI CODE OF 1972, TO REVISE PENALTIES FOR FIGHTING ANIMALS OR COCKS; TO REPEAL SECTION 97-41-9, MISSISSIPPI CODE OF 1972, WHICH PROHIBITS THE FAILURE TO PROVIDE SUSTENANCE TO AN ANIMAL; TO REPEAL SECTION 97-41-13, MISSISSIPPI CODE OF 1972, WHICH PROVIDES PENALTIES FOR VIOLATION OF CERTAIN SECTIONS; TO REPEAL SECTION 97-41-16, MISSISSIPPI CODE OF 1972, WHICH PROHIBITS MALICIOUS OR MISCHIEVOUS INJURY TO A DOG; TO REPEAL SECTION 97-41-17, MISSISSIPPI CODE OF 1972, WHICH PROHIBITS POISONING OF ANIMALS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 97-41-1, Mississippi Code of 1972, is amended as follows:

97-41-1. The following words shall have the meanings ascribed to them unless the context clearly requires 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 for the prevention of cruelty.

(d) "Cruelty," "torture," or "torment" shall be held to include 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 that which is necessary sustenance or protection for the well-being of the animal.

(h) "Owner," "person" and "custodian" shall be held to include 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, etc., 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 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 to maintain an animal's well-being.

SECTION 2. Section 97-41-3, Mississippi Code of 1972, is amended as follows:

97-41-3. Without regard for any minimum holding period, any licensed veterinarian, law enforcement officer, animal control officer or agent of a society for the prevention of cruelty to animals may euthanize or cause to be euthanized any animal if in the opinion of three (3) 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 3. Section 97-41-5, Mississippi Code of 1972, is amended as follows:

97-41-5. (1) It shall be a misdemeanor for any person to:

(a) Abandon an animal;

(b) Override, overdrive or overload an animal;

(c) Tease or provoke 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 injure an animal;

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

(f) Fail to provide an animal with appropriate sustenance and adequate care, or fail to maintain sanitary conditions for an animal or animals.

Conviction under this section shall be punishable by a fine of not less than One Hundred Fifty Dollars ($150.00) nor more than One Thousand Five Hundred Dollars ($1,500.00), not more than one (1) year in jail, up to five hundred (500) hours of community service, or any combination thereof.

(2) As a condition of sentence for 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 statute 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 not 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 any time or pay any fine suspended in the original court order.

(4) Immediately upon conviction, or admission, of a violation under 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, or 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 4. Section 97-41-7, Mississippi Code of 1972, is amended as follows:

97-41-7. (1) It shall be a felony for any person to:

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

(b) Torture, torment or cause excessive or repeated infliction of unnecessary pain or suffering upon an animal;

Conviction under this section shall be punishable by a fine of not less than One Thousand Five Hundred Dollars ($1,500.00) or more than Ten Thousand Dollars ($10,000.00), not more than five (5) years in jail, up to one thousand (1,000) hours of community service, or any combination thereof.

A person who procures the offense shall be guilty of the offense.

(2) As a condition of sentence for 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 not 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 any time or pay any fine suspended in the original court order.

(5) Nothing in this section shall be construed to prohibit the lawful killing of livestock, any customary animal husbandry or farming practice involving livestock, or 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 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 on 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 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. Section 97-41-9, Mississippi Code of 1972, which prohibits the failure to provide sustenance to an animal, is repealed.

SECTION 7. Section 97-41-13, Mississippi Code of 1972, which provides penalties for violation of the chapter, is repealed.

SECTION 8. Section 97-41-16, Mississippi Code of 1972, which prohibits malicious or mischievous injury to a dog, is repealed.

SECTION 9. Section 97-41-17, Mississippi Code of 1972, which prohibits poisoning of animals, is repealed.

SECTION 10. This act shall take effect and be in force from and after July 1, 1998.