MISSISSIPPI LEGISLATURE

2004 Regular Session

To: Agriculture; Judiciary B

By: Representative Hudson

House Bill 1160

AN ACT TO REVISE CRIMINAL OFFENSES AND PENALTIES RELATED TO ANIMAL ABUSE, AGGRAVATED ANIMAL ABUSE AND ANIMAL ABANDONMENT; TO DEFINE CERTAIN TERMS; TO AMEND SECTION 97-41-2, IN CONFORMITY; TO REPEAL SECTIONS 97-41-1, 97-41-7, 97-41-9, 97-41-13, 97-41-16 AND 97-41-17, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR OFFENSES AND PENALTIES REGARDING 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)  "Animal" means any nonhuman mammal, bird, reptile or amphibian.

          (b)  "Physical injury" means the impairment of physical condition.  This includes, but is not limited to, depriving of potable water or food of sufficient quality and quantity to allow for normal growth or maintenance of body weight (ice and snow are not potable water; failing to protect an animal against wind, rain, snow or sun; failing to get the animal adequate treatment for obvious disease.

          (c)  "Serious physical injury" means physical injury that creates a substantial risk of death or suffering, or that causes protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of a limb or bodily organ.

          (d)  "Maliciously" means intentionally acting with a depravity of mind and reckless and wanton disregard for life, including out of revenge or wanton cruelty.

          (e)  "Torture" means an action taken for the primary purpose of inflicting pain.

     SECTION 2.  (1)  A person commits animal abuse in the second degree if the person intentionally, knowingly or recklessly causes physical injury to an animal, or causes any person to do the same.  Animal abuse in the second degree is a misdemeanor.  Every person who shall be convicted of animal abuse in the second degree shall be fined not less than One Hundred Dollars (100.00) nor more than Five Hundred Dollars ($500.00) or be imprisoned not exceeding six (6) months, or both.

     (2)  In addition to such fine or imprisonment, the court shall order that restitution be made to the owner of such animal.  The measure for restitution shall be the current replacement value of such loss and/or the actual veterinarian fees, special supplies, loss of income and other costs incurred as a result of actions in violation of subsection (1).

     (3)  As part of the sentence for a violation of subsection (1), the court may order the defendant not to own or possess an animal for any period of time determined by the court, which may be permanent.  A person who violates this order is subject to the contempt power of the court, and if found guilty, may be imprisoned or fined as the court sees fit.

     (4)  A person convicted of a violation of this section shall be liable to the impounding officer for all costs of impoundment from the time of seizure.  In addition, the court may order the defendant to pay all costs of medical care, boarding and food for the animal that was provided by other agencies, veterinarians or persons.

     (5)  Any practice of good animal husbandry is not a violation of this section.

     SECTION 3.  (1)  A person commits animal abuse in the first degree if the person intentionally, knowingly or recklessly causes serious physical injury to an animal; or cruelly or wantonly causes the death of an animal, or causes any person to do the same.  Animal abuse in the first degree is a misdemeanor.  Every person who shall be convicted of animal abuse in the first degree shall be fined not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00), or imprisoned in the county jail not less than ninety (90) days, nor more than six (6) months, or both.

     (2)  In addition to such fine and imprisonment, the court shall order that restitution be made to the owner of such animal.  The measure for restitution shall be the current replacement value of such loss and/or the actual veterinarian fees, special supplies, loss of income and other costs incurred as a result of actions in violation of subsection (1).

     (3)  As part of the sentence for a violation of subsection (1), the court may order the defendant not to own or possess an animal for any period of time determined by the court, which may be permanent.  A person who violates this order is subject to the contempt power of the court, and if found guilty, may be imprisoned or fined as the court sees fit.

     (4)  A person convicted of a violation of this section shall be liable to the impounding officer for all costs of impoundment from the time of seizure.  In addition, the court may order the defendant to pay all costs of medical care, boarding and food for the animal that was provided by other agencies, veterinarians or persons.

     (5)  Any practice of good animal husbandry is not a violation of this section.

     SECTION 4.  (1)  A person commits aggravated animal abuse in the first degree if the person (a) maliciously kills an animal; or (b) intentionally or knowingly tortures an animal, or causes any person to do the same.  Aggravated animal abuse in the first degree is a misdemeanor.  Every person who shall be convicted of aggravated animal abuse in the first degree shall be confined to  the county jail for not more than one (1) year and pay a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00). 

     (2)  In addition to such fine and imprisonment, the court shall order that restitution be made to the owner of such animal.  The measure for restitution shall be the current replacement value of such loss and/or the actual veterinarian fees, special supplies, loss of income and other costs incurred as a result of actions in violation subsection (1).

     (3)  As part of the sentence for a violation of subsection (1), the court may order the defendant not to own or possess an animal for any period of time determined by the court, which may be permanent.  A person who violates this order is subject to the contempt power of the court, and if found guilty, may be imprisoned or fined as the court sees fit.

     (4)  A person convicted of a violation of this section shall be liable to the impounding officer for all costs of impoundment from the time of seizure.  In addition, the court may order the defendant to pay all costs of medical care, boarding and food for the animal that was provided by other agencies, veterinarians or persons.

     SECTION 5.  (1)  A person commits the crime of animal abandonment if the person knowingly, intentionally or recklessly leaves a domesticated animal at a location without providing for its continued care.  Every person convicted of animal abandonment shall be fined Five Hundred Dollars ($500.00) for each animal abandoned.

     (2)  It is no defense to subsection (1) that the animal was abandoned outside an animal shelter, a veterinarian's office, a park, a rest stop or other place of shelter.

     SECTION 6.  Section 97-41-2, Mississippi Code of 1972, is amended as follows:

     97-41-2.  (1)  All courts in the State of Mississippi may order the seizure of an animal by a law enforcement agency, for its care and protection upon a finding of probable cause to believe said animal is being cruelly treated, neglected or abandoned.  Such probable cause may be established upon sworn testimony of any person who has witnessed the condition of said animal.  The court may appoint an animal control agency, agent of an animal shelter organization, veterinarian or other person as temporary custodian for the said animal, pending final disposition of the animal pursuant to this section.  Such temporary custodian shall directly contract and be responsible for any care rendered to such animal, and may make arrangements for such care as may be necessary.  Upon seizure of an animal, the law enforcement agency responsible for removal of the animal shall serve notice upon the owner of the animal, if possible, and shall also post prominently a notice to the owner or custodian to inform such person that the animal has been seized.  Such process and notice shall contain a description of the animal seized, the date seized, the name of the law enforcement agency seizing the animal, the name of the temporary custodian, if known at the time, and shall include a copy of the order of the court authorizing the seizure.

     (2)  Within five (5) days of seizure of an animal, the owner of the animal may request a hearing in the court ordering the animal to be seized to determine whether the owner is able to provide adequately for the animal and is fit to have custody of the animal.  The court shall hold such hearing within fourteen (14) days of receiving such request.  The hearing shall be concluded and the court order entered thereon within twenty-one (21) days after the hearing is commenced.  Upon requesting a hearing, the owner shall have three (3) business days to post a bond or security with the court clerk in an amount determined by the court to be sufficient to repay all reasonable costs sufficient to provide for the animal's care.  Failure to post such bond within three (3) days shall result in forfeiture of the animal to the court.  If the temporary custodian has custody of the animal upon the expiration of the bond or security, the animal shall be forfeited to the court unless the court orders otherwise.

     (3)  In determining the owner's fitness to have custody of an animal, the court may consider, among other matters:

          (a)  Testimony from law enforcement officers, animal control officers, animal protection officials, and other witnesses as to the condition the animal was kept in by its owner or custodian.

          (b)  Testimony and evidence as to the type and amount of care provided to the animal by its owner or custodian.

          (c)  Expert testimony as to the proper and reasonable care of the same type of animal.

          (d)  Testimony from any witnesses as to prior treatment or condition of this or other animals in the same custody.

          (e)  Violations of laws relating to animal cruelty that the owner or custodian has been convicted of prior to the hearing.

          (f)  Any other evidence the court considers to be material or relevant.

     (4)  Upon proof of costs incurred as a result of the animal's seizure, including, but not limited to, animal medical and boarding, the court may order that the animal's owner reimburse the temporary custodian for such costs.  A lien for authorized expenses is hereby created upon all animals seized under this section, and shall have priority to any other lien on such animal.

     (5)  If the court finds the owner of the animal is unable or unfit to adequately provide for the animal, or that the animal is severely injured, diseased, or suffering, and, therefore, not likely to recover, the court may order that the animal be permanently forfeited and released to an animal control agency, animal protection organization or to the appropriate entity to be euthanized or the court may order that such animal be sold at public sale in the manner now provided for judicial sales; any proceeds from such sale shall go first toward the payment of expenses and costs relating to the care and treatment of such animal, and any excess amount shall be paid to the owner of the animal.

     (6)  Upon notice and hearing as provided in this section, or as a part of any preceding conducted under the terms of this section, the court may order that other animals in the custody of the owner that were not seized be surrendered and further enjoin the owner from having custody of other animals in the future.

     (7)  If the court determines the owner is able to provide adequately for, and have custody of, the animal, the court shall order the animal be claimed and removed by the owner within seven (7) days after the date of the order.

     (8)  Nothing in this section shall be construed to prevent or otherwise interfere with a law enforcement officer's authority to seize an animal as evidence or require court action for the taking into custody and making proper disposition of animals as authorized in Sections 21-19-9 and 41-53-11.

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     SECTION 7.  Sections 97-41-1, 97-41-7, 97-41-9, 97-41-13, 97-41-16 and 97-41-17, Mississippi Code of 1972, which provide for offenses and penalties regarding cruelty to animals, are repealed.

     SECTION 8.  This act shall take effect and be in force from and after July 1, 2004.