MISSISSIPPI LEGISLATURE
2008 Regular Session
To: Agriculture; Judiciary B
By: Representative Ellington
AN ACT MAKING IT A CRIME TO HAVE THE CUSTODY OR POSSESSION OF CERTAIN VICIOUS ANIMALS OR DOGS, UNLESS CERTAIN REQUIREMENTS DESIGNED TO PROTECT THE PUBLIC ARE MET; TO REVISE CERTAIN CRIMES RELATED TO ANIMAL CRUELTY; TO EXEMPT FROM THE PROVISIONS OF THIS ACT CERTAIN ACTIVITIES INVOLVING ANIMALS; TO ALLOW FOR THE SEIZURE OF CERTAIN ANIMALS THAT ARE IN IMMEDIATE DANGER BECAUSE OF A NATURAL DISASTER OR EMERGENCY; TO AMEND SECTIONS 41-53-11 AND 97-41-1, 97-41-2, 97-41-3, 97-41-5, 97-41-7, 97-41-9, 97-41-11, 97-41-13, 97-41-17, 97-41-19, 97-41-21 AND 97-41-23, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO AMEND SECTION 97-41-18, MISSISSIPPI CODE OF 1972, TO REMOVE THE JULY 1, 2008, REPEALER ON THE LAW CREATING THE CRIME OF CONDUCTING A FIGHT BETWEEN A CANINE AND A HOG; 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 live, vertebrate creature,
domestic or wild, except homo sapiens.
(b) "Animal shelter" means any facility operated by a
society or organization promoting or supporting the humane treatment of animals, the governing authorities of a municipality or a county, or its authorized agents, for the purpose of
impounding or caring for animals held under authority of law. (c) "Domesticated animal" means a pet or any animal that is kept for pleasure rather than utility, not including an animal used as livestock.
(d) "Feral animal" means an animal that has escaped from domestication and has become wild, dangerous or untamed.
(e) "Inhumane treatment," with regard to any animal, means unjustifiably depriving the animal of necessary sustenance, food, drink, sanitary shelter or veterinary care or abandoning the animal. With regard to a domesticated animal, the term also means mistreating a domesticated animal by any act or omission whatsoever, whereby unnecessary or unjustifiable physical pain, suffering or death is caused to or permitted upon the domesticated animal.
(e) "Law enforcement officer" means any person
appointed or employed by the state or any political subdivision
thereof who is duly sworn and vested with authority to bear arms
and make arrests.
(f) "Owner" means a person who owns, keeps or harbors, or who has the charge, custody, or possession of one (1) or more animals. An animal is deemed to be "harbored" by a person if it is fed or sheltered by that person.
(g) "Public nuisance" means any animal that:
(i) Molests passersby or passing vehicles;
(ii) Attacks other animals;
(iii) Trespasses on public or private property;
(iv) Repeatedly runs at large;
(v) Damages private or public property;
(vi) Barks, whines, screams, yelps or howls in an
excessive, loud, continuous, habitual or untimely fashion; or
(vii) Defecates or frequently urinates on public
property or the private property of one other than its owner.
(h) "Restraint" means the condition of securing any
animal, by a leash or lead of less than six (6) feet, within the
fenced real property limits of its owner, or by tethering in such
a way that the animal is within the real property limits of its
owner.
(i) "Runs at large" or "running at large" means any animal not under restraint.
(j) "Veterinary care" means any treatment provided by a licensed veterinarian, or a person employed by him as an assistant, for the benefit of the health of an animal, including surgery, diagnosis and treatment of diseases and injuries of animals.
(l) "Vicious animal" means any animal, except a dog,
that acts in any manner constituting a physical threat to human beings or other animals.
(m) (i) "Vicious dog" means:
1. Any dog that has shown a propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals;
2. Any dog that when unprovoked bites, inflicts injury, assaults or otherwise attacks a human being or domesticated animal on public or private property or chases or approaches a person upon the streets, sidewalks or on any private or public property in a menacing or terrorizing manner or apparent attitude of attack.
3. Any dog that is owned or harbored primarily or in part for the purpose of dogfighting or any dog trained for dogfighting.
(ii) However, no dog may be considered a vicious dog if:
1. An injury or damage caused by the dog is sustained by a person who at the time was committing a willful trespass or other tort on the premises occupied by the owner of the dog, was teasing, tormenting, abusing or assaulting the dog, or was committing or attempting to commit a crime;
2. An injury or damage caused by the dog was sustained by a domesticated animal that at the time was teasing, tormenting or abusing the dog; or
3. The dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.
(n) "Wild animal" means any animal that can normally be found in the wild state and is not ordinarily domesticated by man, whether raised in captivity or in the wild.
(o) "Densely populated area" means an area composed of ten (10) acres, upon which there are five (5) or more houses used as a person's or family's residence.
SECTION 2. (1) It shall be unlawful for a person to knowingly, intentionally or recklessly:
(a) Have the charge, custody or possession of a domesticated animal, and permit the animal to run at large or be a public nuisance within any platted and recorded subdivision that is a densely populated area;
(b) Commit any inhumane treatment against a domesticated animal;
(c) Abandon or leave a domesticated animal at a location without providing for or arranging for the animal's continued sustenance;
(d) Torments, tortures, beats, mutilates, poisons, burns, disfigures, maims, kills, or in any way cruelly and unnecessarily cause substantial physical pain or injury to a domesticated animal;
(e) Interfere with or molest any domesticated animal used by a law enforcement officer in the performance of his duties;
(f) Allow any pens, kennels or other enclosures for the keeping of domesticated animals to become unsanitary, odorous, offensive or disagreeable, to other persons residing within one thousand (1,000) feet of the enclosures;
(g) Have the charge, custody or possession of a domesticated animal, and (i) deprive the animal of necessary food, water, sanitary shelter that is large enough to provide reasonable freedom of movement to the animal, or veterinary care, (ii) leave the animal unattended inside a motor vehicle when the weather conditions have the reasonable potential of harming the animal, or (iii) expose the animal to a poisonous substance capable of being ingested by the animal;
(h) While operating a motor vehicle, strike or run over a domesticated animal, and fail to report the accident immediately to the governing authorities of county or the municipality; or
(i) Cause any act listed in this subsection (1) to be done by any person.
(2) (a) Any person convicted of a violation of subsection (1) of this section shall be fined not more than One Thousand Dollars ($1,000.00), imprisoned for not more than six (6) months, or both.
(b) A conviction and imposition of a sentence under this section does not prevent a conviction and imposition of a sentence under any other applicable provision of law relating to animal cruelty crimes.
(3) In order to determine if there is a violation of this section, a law enforcement officer may enter any premises where a domesticated animal is kept for an on-site inspection of the premises, after forty-eight (48) hours notice to the person having the charge, custody or possession of the animal or to any person residing on the premises. Further, a law enforcement officer
may use any means necessary to remove from a motor vehicle a domesticated animal that has been left unattended inside the vehicle, when the officer is of the opinion that the weather conditions have the reasonable potential of harming the animal.
(4) The provisions of this section shall not apply to the following practices or activities:
(a) Hunting or trapping of wildlife;
(b) Fishing;
(c) Herding of livestock and other domestic animals;
(d) Accepted animal husbandry practices including slaughter;
(e) Accepted handling and training practices;
(f) Accepted veterinary practices;
(g) Humane euthanasia of animals performed by trained persons;
(h) Accepted pest control practices;
(i) Accepted animal handling practices at livestock shows;
(j) Accepted equine activities;
(k) Rodeo practices accepted by the Professional Rodeo Cowboy's Association;
(l) Activities carried on for teaching or for scientific or medical research governed by the Federal Animal Welfare Act or recommended by the American Veterinary Medical Association; or
(m) Activities associated with the use of an animal or dog by a law enforcement officer in the performance of his duties.
SECTION 3. (1) It shall be unlawful for a person having the charge, custody or possession of a vicious animal or vicious dog to:
(a) Keep the animal or dog in, or permit the animal or dog to enter, any platted subdivision or residential neighborhood;
(b) Fail to confine the animal or dog securely
indoors or in an enclosed and child-proofed locked structure upon the premises of the person;
(c) Permit the animal or dog to go beyond the premises of the person unless the animal or dog is leashed securely and muzzled in a manner that is sufficient to prevent the animal or dog from injuring or biting a person or other animal;
(d) Leash, chain, tie or tether the animal or dog to an inanimate object, such as a tree or building;
(e) Keep the animal or dog on a porch or patio or any
part of a building or structure (i) that is not large enough to provide reasonable freedom of movement to the animal, (ii) in a manner that would allow the animal or dog to exit the building or structure on its own volition, or (iii) when the windows are open or when screened windows or doors are the only obstacles preventing the animal or dog from exiting the building or structure; or
(f) Fail to display in a prominent place on the premises where the animal or dog is located, as well as on the kennel or structure confining the animal, a sign containing the words "Beware of Dog."
(2) It shall be unlawful for a person who has been convicted of any felony to have the charge, custody or possession of a vicious animal or dog, or to reside within any premises upon which a vicious animal or dog is located.
(3) (a) A person who has been convicted of a violation of this section shall be punished by a fine of not less than One Thousand Dollars ($1,000.00) and not more than Five Thousand Dollars ($5,000.00), imprisoned for not less than ninety (90) days and not more than six (6) months, or both.
(b) A conviction and imposition of a sentence under this section does not prevent a conviction and imposition of a sentence under any other applicable provision of law.
(4) When, according to the records of the governing authorities of the county or municipality, a vicious animal or vicious dog has caused serious injury to a person without provocation or has killed a domesticated animal, the owner of the animal or dog shall provide public liability insurance in a single incident amount of One Hundred Thousand Dollars ($100,000.00) for bodily injury to or death of any person or persons or for damage to property resulting from the ownership, keeping or maintenance of the animal or dog. The insurance policy shall contain a provision that the policy may not be canceled until ten (10) days' notice of cancellation has been given to the governing authorities of the municipality or county in which the animal or dog is located. For purposes of this subsection, "serious injury" means any physical injury resulting in two (2) or more sutures or in hospitalization. A vicious animal or vicious dog may be seized by a law enforcement officer, if the owner cannot show proof that he possesses the liability insurance coverage required in this subsection.
(5) In order to determine if there is a violation of this section, a law enforcement officer may enter at any time any premises where a vicious animal or vicious dog is kept, or believed to be kept, for an on-site inspection of the premises.
SECTION 4. (1) When an animal is determined by a law enforcement officer to be a vicious animal or dog, or a feral dog, the animal may be destroyed by the law enforcement officer, or his designee, providing two (2) of the following requirements
are met:
(a) The animal or dog is running at large or not properly confined or muzzled as may be required under this act;
(b) There is no vaccination tag around the animal's or dog's neck;
(c) Attempts to peacefully capture the animal or dog have been made and proven unsuccessful.
(2) Use of deadly force is permitted when an officer who confronts a vicious animal, vicious dog, or wild animal, reasonably fears for his or her safety or the safety of others in clear proximity to the animal.
SECTION 5. In case of an attack by any animal resulting in
injury to a person, the animal shall be impounded or confined by a law enforcement officer for observation for a period of ten (10) days. The owner of the animal may have such animal impounded for ten (10) days with a private veterinarian licensed to practice veterinary medicine within the state. If at or before the end of such period of time, it is determined that the animal has rabies, the animal shall be destroyed.
SECTION 6. Nothing in this act shall be construed as prohibiting a person from injuring or killing an animal, except those animals otherwise protected by state or federal law, reasonably believed to constitute a threat of injury or death to humans, livestock, poultry or other domestic or lawfully kept animals.
SECTION 7. Section 41-53-11, Mississippi Code of 1972, is amended as follows:
41-53-11. Except as may be provided otherwise in Sections 1 through 6 of this act, or in Chapter 41, Title 97, Mississippi Code of 1972, it shall be lawful and it shall be the duty for any sheriff, conservation officer or law enforcement officer of a county or municipality to destroy any dog * * * found running at large on whose neck there is no such collar and tag. No action shall be maintained by the owner for such killing. However, before the dog may be destroyed, it shall be the duty of said officer * * * to first keep the dog * * * for a period of ten (10) days and notify the sheriff of the county that he has confined the dog * * * giving the sheriff a description of same. If anyone proves himself to be the owner of * * * the dog, it shall be delivered to the owner.
SECTION 8. Section 97-41-1, Mississippi Code of 1972, is amended as follows:
97-41-1. Except as may be provided otherwise in Sections 1 through 6 of this act, if any person shall override, overdrive, overload, torture, torment, unjustifiably injure, deprive of necessary sustenance, food, or drink; or cruelly beat or needlessly mutilate; or cause or procure to be overridden, overdriven, overloaded, tortured, unjustifiably injured, tormented, or deprived of necessary sustenance, food or drink; or to be cruelly beaten or needlessly mutilated or killed, any living creature, every such offender shall, for every offense, be guilty of a misdemeanor.
SECTION 9. Section 97-41-2, Mississippi Code of 1972, is amended as follows:
97-41-2. (1) (a) If an animal is in immediate danger because of a natural disaster or emergency such as a hurricane, tornado, flooding, or other disaster or emergency causing destruction of the animal's shelter or enclosure, or if the animal poses a threat to the safety of the community because of like causes, a law enforcement officer may seize or cause to be seized such animal without the necessity of a court order. If possible, such law enforcement officer shall make an attempt to contact the owner or custodian of the animal to alert them of the danger, and if contact is not made, the officer must prominently post a note or notice as to what action has been taken and the person, agency or other entity to contact with regard to the location of the animal.
(b) The law enforcement agency or any agent engaged by law enforcement for the seizure of animals or the temporary repair to an enclosure, such as a downed or broken fence, may seek fair reimbursement for associated costs.
(2) All courts in the State of Mississippi may order the seizure of an animal by a law enforcement agency, for the animal's care and protection upon a finding of probable cause to believe the 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 the animal. The court may appoint an animal control agency, agent of an animal shelter organization, agent of a humane society duly registered with the Mississippi Secretary of State, veterinarian or other appropriate person or agency as temporary custodian for the * * * animal, pending final disposition of the animal pursuant to this section. Such temporary custodian shall * * * be responsible for directly contracting for or administering any care rendered to the animal * * *. 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 and time of seizure, 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.
(3) Within five (5) days of seizure of an animal, the owner or custodian of the animal may request a hearing in the court ordering the animal to be seized to determine whether the owner or custodian 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, including, but not limited to, transporting, feeding, essential grooming, providing hoof care and medical care that may include treatment, vaccinations or tests required by the temporary custodian or attending veterinarian. Failure to post such bond within three (3) business 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.
(4) In determining the owner's or custodian'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 or agents, 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 or like 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.
(5) If the court determines that an animal was properly seized, and upon proof of costs incurred as a result of the animal's seizure, including, but not limited to, costs of transporting, boarding or providing medical or veterinarian treatment of the animal, the court shall order that the animal's owner or custodian 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 as to any other lien on such animal.
(6) 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 welfare or protection organization, veterinarian or other agent appointed as temporary custodian to * * * 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 court costs, and at the court's discretion, any excess amount may be paid to the owner of the animal or directed to be revenue for the involved law enforcement agency, or the municipal, county or state jurisdiction in which the offense occurred.
(7) Upon notice and hearing as provided in this section, or as a part of any proceeding 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.
(8) If the court determines the owner or custodian 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 or custodian within seven (7) days after the date of the order.
(9) 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, 41-53-1, 41-53-11, 97-3-45, or other municipal, county or state-mandated ordinances or laws, nor be construed to prevent the immediate euthanasia of an animal or animals determined to be ill or injured beyond recovery as provided for in Section 97-41-3.
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SECTION 10. Section 97-41-3, Mississippi Code of 1972, is amended as follows:
97-41-3. Any law enforcement officer, animal control officer, veterinarian or agent of a society for the prevention of cruelty to animals may euthanize, or cause to be euthanized, in a humane manner, any stray animal found neglected, injured or abandoned if it is injured, diseased or severely debilitated past reasonable recovery. Anyone acting in good faith pursuant to this section shall not be held liable either criminally or civilly for that action.
SECTION 11. Section 97-41-5, Mississippi Code of 1972, is amended as follows:
97-41-5. Except as may be provided otherwise in Sections 1 through 6 of this act, if any person shall carry, or cause to be carried by hand or in or upon any vehicle or other conveyance, any creature in a cruel or inhuman manner, he shall be guilty of a misdemeanor.
SECTION 12. Section 97-41-7, Mississippi Code of 1972, is amended as follows:
97-41-7. Except as may be provided otherwise in Sections 1 through 6 of this act, if any person shall confine, or cause to be confined, in any stable, lot, or other place, any living creature, without supplying the same during such confinement with a sufficient quantity of good and wholesome food and water, he shall be guilty of a misdemeanor.
SECTION 13. Section 97-41-9, Mississippi Code of 1972, is amended as follows:
97-41-9. Except as may be provided otherwise in Sections 1 through 6 of this act, if any person be the owner or have the custody of any living creature and unjustifiably neglect or refuse to furnish it necessary sustenance, food, or drink, he shall be guilty of a misdemeanor.
SECTION 14. Section 97-41-11, Mississippi Code of 1972, is amended as follows:
97-41-11. Except as may be provided otherwise in Sections 1 through 6 of this act, and Section 97-41-19 for the crimes associated with the prohibition against dog fights, 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. It shall be the duty of any policeman or other officer of the law, 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 15. Section 97-41-13, Mississippi Code of 1972, is amended as follows:
97-41-13. Except as may be provided in Sections 1 through 6 of this act, any person who * * * violates Sections 97-41-3 to 97-41-11, or Section 97-27-7 on the subject of cruelty to animals shall, on conviction, be fined not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00), or shall be imprisoned in the county jail not less than ten (10) days nor more than one hundred (100) days or both.
SECTION 16. Section 97-41-17, Mississippi Code of 1972, is amended as follows:
97-41-17. (1) Every person who shall willfully and unlawfully administer any poison to any horse, mare, colt, mule, jack, jennet, cattle, deer, dog, cat, hog, sheep, chicken, duck, goose, turkey, pea-fowl, guinea-fowl, or partridge, or shall maliciously expose any poison substance with intent that the same should be taken or swallowed by any horse, mare, colt, mule, jack, jennet, cattle, dog, cat, hog, sheep, chicken, duck, goose, turkey, pea-fowl, guinea-fowl, or partridge, * * * upon conviction, shall be punished by imprisonment in the Penitentiary not exceeding three (3) years, or in the county jail not exceeding one (1) year, and by a fine not exceeding Five Hundred Dollars ($500.00).
(2) A conviction and imposition of a sentence under this section does not prevent a conviction and imposition of a sentence under any other applicable provision of law relating to animal cruelty crimes.
SECTION 17. Section 97-41-18, Mississippi Code of 1972, is amended as follows:
97-41-18. (1) For the purposes of this section, "hog" means a pig, swine or boar.
(2) It is unlawful for any person to organize or conduct any commercial event commonly referred to as a "catch" wherein there is a display of combat or fighting among one or more domestic or feral canines and feral or domestic hogs and in which it is intended or reasonably foreseeable that the canines or hogs would be injured, maimed, mutilated or killed.
(3) It is unlawful for any person to organize, conduct or financially or materially support any event prohibited by this section.
(4) The provisions of this section shall not apply to any competitive event in which canines trained for hunting or herding activities are released in an open or enclosed area to locate and corner hogs, commonly referred to as a "bay event," and in which competitive points are deducted if a hog is caught and held.
(5) The provisions of this section shall not apply to the lawful hunting of hogs with canines or the use of canines for the management, farming or herding of hogs which are livestock or the private training of canines for the purposes enumerated in this subsection provided that such training is conducted for the field using accepted dog handling and training practices and is not in violation of the provisions of subsection (1) of this section.
(6) Any person convicted under the provisions of this section shall be fined not more than One Thousand Dollars ($1,000.00), imprisoned for not more than six (6) months, or both.
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(7) A conviction and imposition of a sentence under this section does not prevent a conviction and imposition of a sentence under any other applicable provision of law relating to animal cruelty crimes.
SECTION 18. Section 97-41-19, Mississippi Code of 1972, is amended as follows:
97-41-19. (1) If any person (a) shall sponsor, promote, stage or conduct a fight or fighting match between dogs, or (b) shall wager or bet, promote or encourage the wagering or betting of any money or other valuable thing upon any such fight or upon the result thereof, or (c) shall have possession or custody of a dog with the intent to willfully enter it or to participate in any such fight, or (d) shall train or transport a dog for the purposes of participation in any such fight, he shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or by imprisonment in the State Penitentiary for a term of not less than one (1) nor more than three (3) years, or by both such fine and imprisonment, in the discretion of the court.
(2) If any person shall be present, as a spectator, at any location where preparations are being made for an exhibition of a fight between dogs with the intent to be present at such preparations, or if any person shall be present at an exhibition of a fight between dogs with the intent to be present at such exhibition, he shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or by imprisonment in the State Penitentiary for a term of not more than one (1) year, or by both such fine and imprisonment, in the discretion of the court.
(3) Any law enforcement officer making an arrest under subsection (1) of this section may lawfully take possession of all dogs and all paraphernalia, implements, equipment or other property used in violation of subsection (1) of this section. Such officer shall file with the circuit court of the county within which the alleged violation occurred an affidavit stating therein (a) the name of the person charged, (b) a description of the property taken, (c) the time and place of the taking, (d) the name of the person who claims to own such property, if known, and (e) that the affiant has reason to believe, stating the ground of such belief, that the property taken was used in such violation. He shall thereupon deliver the property to such court which shall, by order in writing, place such dogs, paraphernalia, implements, equipment, or other property in the custody of a licensed veterinarian, the local humane society or other animal welfare agency, or other suitable custodian, to be kept by such custodian until the conviction or final discharge of the accused, and shall send a copy of such order without delay to the district attorney of the county. The custodian named and designated in such order shall immediately assume the custody of such property and shall retain same, subject to order of the court.
Upon the certification of a licensed veterinarian or officer of the humane society or animal welfare agency that, in his professional judgment, a dog which has been seized is not likely to survive the final disposition of the charges or that, by reason of the physical condition of the dog, it should be humanely euthanized before such time, the court may order the dog humanely euthanized. The court shall make its finding of whether to issue such an order within seven (7) days from the certification by the veterinarian or officer of the humane society or animal welfare agency. The owner of a dog which is euthanized without an order of the court with such certification of a licensed veterinarian or officer of the humane society or other animal welfare agency shall have a right of action for damages against the department or agency by which the arresting or seizing officer is employed. Upon conviction of the person charged with a violation of subsection (1) of this section, all dogs seized shall be adjudged by the court to be forfeited and the court shall order a humane disposition of the same. In no event shall the court order the dog to be euthanized without the certification of a licensed veterinarian or officer of the humane society or other animal welfare agency that, in his judgment, the dog is not likely to survive or that, by reason of its physical condition, the dog should be humanely euthanized. In the event of the acquittal or final discharge without conviction of the accused, the court shall direct the delivery of the property so held in custody to the owner thereof. All reasonable expenses incurred by the custodian of seized dogs and property shall be charged as costs of court, to be taxed against the owner or county in the discretion of the court.
(4) Nothing in subsection (1) or (3) of this section shall prohibit any of the following:
(a) The use of dogs in the management of livestock, by the owner of such livestock or other persons in lawful custody thereof;
(b) The use of dogs in lawful hunting; and
(c) The training of dogs for any purpose not prohibited by law.
(5) A conviction and imposition of a sentence under this section does not prevent a conviction and imposition of a sentence under any other applicable provision of law relating to animal cruelty crimes.
SECTION 19. Section 97-41-21, Mississippi Code of 1972, is amended as follows:
97-41-21. (1) An individual shall not do either of the following:
(a) Willfully and maliciously assault, beat, harass, injure, or attempt to assault, beat, harass or injure, a dog that he or she knows or has reason to believe is a guide or leader dog for a blind individual, a hearing dog for a deaf or audibly impaired individual, * * * or a service dog for a physically limited individual, or a support dog for a mobility impaired person as described in Sections 43-6-151 through 43-6-155.
(b) Willfully and maliciously impede or interfere with, or attempt to impede or interfere with, duties performed by a dog that he or she knows or has reason to believe is a guide or leader dog for a blind individual, a hearing dog for a deaf or audibly impaired individual, * * * or a service dog for a physically limited individual, or a support dog for a mobility impaired person as described in Sections 43-6-151 through 43-6-155.
(2) An individual who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than ninety (90) days or a fine of not more than Five Hundred Dollars ($500.00), or both.
(3) In a prosecution for a violation of subsection (1), evidence that the defendant initiated or continued conduct directed toward a dog described in subsection (1) after being requested to avoid or discontinue that conduct or similar conduct by a blind, deaf, audibly impaired, physically limited or mobility impaired individual being served or assisted by the dog shall give rise to a rebuttable presumption that the conduct was initiated or continued maliciously.
(4) A conviction and imposition of a sentence under this section does not prevent a conviction and imposition of a sentence under any other applicable provision of law relating to animal cruelty crimes.
(5) As used in this section:
(a) "Audibly impaired" means the inability to hear air conduction thresholds at an average of forty (40) decibels or greater in the individual's better ear.
(b) "Blind" means having a visual acuity of 20/200 or less in the individual's better eye with correction, or having a limitation of the individual's field of vision such that the widest diameter of the visual field subtends an angular distance not greater than twenty (20) degrees.
(c) "Deaf" means the individual's hearing is totally impaired or the individual's hearing, with or without amplification, is so seriously impaired that the primary means of receiving spoken language is through other sensory input, including, but not limited to, lip reading, sign language, finger spelling or reading.
(d) "Harass" means to engage in any conduct directed toward a guide, leader, hearing or service dog that is likely to impede or interfere with the dog's performance of its duties or that places the blind, deaf, audibly impaired or physically limited individual being served or assisted by the dog in danger of injury.
(e) "Injure" means to cause any physical injury to a dog described in subsection (1).
(f) "Maliciously" means any of the following:
(i) With intent to assault, beat, harass or injure a dog described in subsection (1).
(ii) With intent to impede or interfere with duties performed by a dog described in subsection (1).
(iii) With intent to disturb, endanger or cause emotional distress to a blind, deaf, audibly impaired or physically limited individual being served or assisted by a dog described in subsection (1).
(iv) With knowledge that the individual's conduct will, or is likely to, harass or injure a dog described in subsection (1).
(v) With knowledge that the individual's conduct will, or is likely to, impede or interfere with duties performed by a dog described in subsection (1).
(vi) With knowledge that the individual's conduct will, or is likely to, disturb, endanger or cause emotional distress to a blind, deaf, audibly impaired or physically limited individual being served or assisted by a dog described in subsection (1).
(g) "Physically limited" means having limited ambulatory abilities and includes, but is not limited to, having a temporary or permanent impairment or condition that does one or more of the following:
(i) Causes the individual to use a wheelchair or walk with difficulty or insecurity.
(ii) Affects sight or hearing to the extent that an individual is insecure or exposed to danger.
(iii) Causes faulty coordination.
(iv) Reduces mobility, flexibility, coordination or perceptiveness.
SECTION 20. Section 97-41-23, Mississippi Code of 1972, is amended as follows:
97-41-23. (1) It is unlawful for any person to willfully and maliciously taunt, torment, tease, beat, strike, or to administer, expose or inject any desensitizing drugs, chemicals or substance to any public service animal. Any person who violates this section is guilty of a misdemeanor, and upon conviction thereof shall be fined not more than Two Hundred Dollars ($200.00) and be imprisoned not more than five (5) days, or both.
(2) Any person who, without just cause, purposely kills or injures any public service animal is guilty of a felony and upon conviction shall be fined not more than Five Thousand Dollars ($5,000.00) and be imprisoned not more than five (5) years, or both.
(3) For purposes of this section, the term "public service animal" means any animal trained and used to assist a law enforcement agency, public safety entity or search and rescue agency.
(4) A conviction and imposition of a sentence under this section does not prevent a conviction and imposition of a sentence under any other applicable provision of law relating to animal cruelty crimes.
(5) Any person guilty of violating subsection (2) of this section shall also be required to make restitution to the law enforcement agency or owner aggrieved thereby.
(6) The provisions of this section shall not apply to the lawful practice of veterinary medicine.
SECTION 21. This act shall take effect and be in force from and after July 1, 2008.