MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Judiciary B
By: Representative Snowden
AN ACT TO AMEND SECTION 97-41-2, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE SEIZURE OF DOGS FOR WHICH THERE IS PROBABLE CAUSE THAT THEY ARE USED FOR DOG FIGHTING; TO REQUIRE THAT AN ANIMAL OWNER REQUEST A HEARING WITHIN FIVE DAYS OF ANIMAL SEIZURE OR PERMANENTLY FORFEIT THE ANIMAL; TO AUTHORIZE IMMEDIATE EUTHANIZATION FOR ANIMALS THAT ARE NOT LIKELY TO RECOVER; TO AMEND SECTION 97-41-16, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT SIMPLE CRUELTY TO A DOG OR CAT IS A FELONY; TO PROVIDE THAT MULTIPLE ACTS OF SIMPLE OR AGGRAVATED CRUELTY TO ONE DOG OR CAT ARE SEPARATE OFFENSES; TO PROVIDE THAT ACTS OF SIMPLE OR AGGRAVATED CRUELTY TO MULTIPLE DOGS OR CATS ARE SEPARATE OFFENSES; TO AMEND SECTION 97-41-19, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE ARRESTING LAW ENFORCEMENT OFFICER SHALL APPOINT A TEMPORARY CUSTODIAN FOR ANY DOGS SEIZED PENDING FINAL DISPOSITION OF THE ANIMAL; TO BRING FORWARD SECTION 97-41-18, WHICH RELATES TO PROHIBITIONS ON FIGHTING ANIMALS, WAGERING AND BETTING, AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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 * * *
the animal is being cruelly treated, used for dog fighting in
violation of Section 97-41-19(1), 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 * * * shall appoint an animal control
agency, agent of an animal shelter organization, veterinarian or * * * designee as temporary
custodian for the * * *
the 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 * * * five (5) days after the hearing is commenced. If the
owner of the animal does not request a hearing within five (5) days of the
animal being seized, the animal shall be permanently forfeited and released to
an animal control agency. * * *
(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 * * * shall 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, or with the immediate euthanization of an animal that is severely injured, diseased or suffering, and, therefore, not likely to recover, upon written certification of a licensed veterinarian or other officer of the humane society or animal welfare agency.
(9) For the purposes of this section, the term "animal" or "animals" means any feline, exotic animal, canine, horse, mule, jack or jennet.
SECTION 2. Section 97-41-16, Mississippi Code of 1972, is amended as follows:
97-41-16. (1) (a) The provisions of this section shall be known and may be cited as the "Mississippi Dog and Cat Pet Protection Law of 2011."
(b) The intent of the Legislature in enacting this law is to provide only for the protection of domesticated dogs and cats, as these are the animals most often serving as the loyal and beloved pets of the citizens of this state. Animals other than domesticated dogs and cats are specifically excluded from the enhanced protection described in this section for dogs and cats. The provisions of this section do not apply, and shall not be construed as applying, to any animal other than a domesticated dog or cat.
(2) (a) If a person * * * intentionally or with criminal negligence
wounds, deprives of adequate shelter, food * * *, water or necessary veterinary
care, or * * *
carries or confines in a cruel manner, any domesticated dog or
cat, or causes any person to do the same, then he or she * * * is guilty of the offense of
simple cruelty to a dog or cat. A person who is convicted of the offense of
simple cruelty to a dog or cat * * * is guilty of a misdemeanor and shall
be fined not more than One Thousand Dollars ($1,000.00), or imprisoned not
more than six (6) months, or both. A person who is convicted of the offense
of simple cruelty to a dog or cat that causes serious bodily injury or death to
the dog or cat is guilty of a felony and shall be fined not more than Five
Thousand Dollars ($5,000.00) and imprisoned for not less than one (1) year nor
more than five (5) years.
(b)
If a person with malice * * *shall intentionally tortures, mutilates, maims,
burns, starves or disfigures any domesticated dog or cat,
or causes any person to do the same, then he or she * * * is guilty of * * *
a felony and shall be fined not more than Five Thousand Dollars ($5,000.00)
and imprisoned for not less than one (1) year nor more than five (5) years.
* * *
( * * *c) For purposes of this section, * * * a
person who commits multiple acts of simple or aggravated cruelty to a dog or
cat may be charged with a separate offense for each such act, not to exceed ten
(10) counts of simple or aggravated cruelty to a dog or cat. A person who
commits simple or aggravated animal cruelty to multiple dogs or cats may be
charged with a separate offense for each dog or cat.
(3) In addition to such fine or imprisonment which may be imposed:
(a) The court shall order that restitution be made to the owner of such dog or cat. The measure for restitution in money shall be the current replacement value of such loss and the actual veterinarian fees, medicine, special supplies, loss of income and other costs incurred as a result of actions in violation of subsection (2) of this section; and
(b) The court may order that:
(i) The reasonable costs of sheltering, transporting and rehabilitating the dog or cat, and any other costs directly related to the care of the dog or cat, be reimbursed to:
1. Any law enforcement agency; or
2. Any agency or department of a political subdivision that is charged with the control, protection or welfare of dogs or cats within the subdivision. The agency or department may reimburse a nongovernmental organization for such costs, if the organization possesses nonprofit status under the United States Internal Revenue Code and has the purpose of protecting the welfare of, or preventing cruelty to, dogs or cats.
(ii) The person convicted:
1. Receive a psychiatric or psychological evaluation and counseling or treatment for a length of time as prescribed by the court. The cost of any evaluation, counseling and treatment shall be paid by the offender upon order of the court, up to a maximum amount that is no more than the jurisdictional limit of the sentencing court.
2. Perform community service for a period not exceeding the applicable maximum term of imprisonment that may be imposed for conviction of the offense.
3. Be enjoined from employment in any position that involves the care of a dog or cat, or in any place where dogs or cats are kept or confined, for a period which the court deems appropriate.
(4) (a) Nothing in this section shall be construed as prohibiting a person from:
(i) Defending himself or herself or another person from physical or economic injury being threatened or caused by a dog or cat.
(ii) Injuring or killing an unconfined dog or cat on the property of the person, if the unconfined dog or cat is believed to constitute a threat of physical injury or damage to any domesticated animal under the care or control of such person.
(iii) Acting under the provisions of Section 95-5-19 to protect poultry or livestock from a trespassing dog that is in the act of chasing or killing the poultry or livestock, or acting to protect poultry or livestock from a trespassing cat that is in the act of chasing or killing the poultry or livestock.
(iv) Engaging in practices that are licensed or lawful under the Mississippi Veterinary Practice Act, Section 73-39-51 et seq., or engaging in activities by any licensed veterinarian while following accepted standards of practice of the profession within the State of Mississippi, including the euthanizing of a dog or cat.
(v) Rendering emergency care, treatment, or assistance to a dog or cat that is abandoned, ill, injured, or in distress, if the person rendering the care, treatment, or assistance is acting in good faith.
(vi) Performing activities associated with accepted agricultural and animal husbandry practices with regard to livestock, poultry or other animals, including those activities which involve:
1. Using dogs in such practices.
2. Raising, managing and using animals to provide food, fiber or transportation.
3. Butchering animals and processing food.
(vii) Training for, or participating in, a rodeo, equine activity, dog show, event sponsored by a kennel club or other bona fide organization that promotes the breeding or showing of dogs or cats, or any other competitive event which involves the lawful use of dogs or cats.
(viii) Engaging in accepted practices of dog or cat identification.
(ix) Engaging in lawful activities that are regulated by the Mississippi Department of Wildlife, Fisheries and Parks or the Mississippi Department of Marine Resources, including without limitation, hunting, trapping, fishing, and wildlife and seafood management.
(x) Performing scientific, research, medical and zoological activities undertaken by research and education facilities or institutions that are:
1. Regulated under the provisions of the Animal Welfare Act, 7 USCS 2131 et seq., as in effect on July 1, 2011;
2. Regulated under the provisions of the Health Research Extension Act of 1985, Public Law No. 99-158; or
3. Subject to any other applicable state or federal law or regulation governing animal research as in effect on July 1, 2011.
(xi) Disposing of or destroying certain dogs under authority of Sections 19-5-50, 21-19-9 and 41-53-11, which allow counties, municipalities and certain law enforcement officers to destroy dogs running at large without proper identification indicating that such dogs have been vaccinated for rabies.
(xii) Engaging in professional pest control activities, including those activities governed by the Mississippi Pesticide Law of 1975, Section 69-23-1 et seq.; professional services related to entomology, plant pathology, horticulture, tree surgery, weed control or soil classification, as regulated under Section 69-19-1 et seq.; and any other pest control activities conducted in accordance with state law.
(xiii) Performing the humane euthanization of a dog or cat pursuant to Section 97-41-3.
(b) If the owner or person in control of a dog or cat is precluded, by natural or other causes beyond his reasonable control, from acting to prevent an act or omission that might otherwise constitute an allegation of the offense of simple cruelty to a dog or cat or the offense of aggravated cruelty to a dog or cat, then that person shall not be guilty of the offense. Natural or other causes beyond the reasonable control of the person include, without limitation, acts of God, declarations of disaster, emergencies, acts of war, earthquakes, hurricanes, tornadoes, fires, floods or other natural disasters.
(5) The provisions of this section shall not be construed to:
(a) Apply to any animal other than a dog or cat.
(b) Create any civil or criminal liability on the part of the driver of a motor vehicle if the driver unintentionally injures or kills a dog or cat as a result of the dog or cat being accidentally hit by the vehicle.
(6) (a) Except as otherwise provided in Section 97-35-47 for the false reporting of a crime, a person, who in good faith and acting without malice, reports a suspected incident of simple cruelty to a dog or cat, or aggravated cruelty to a dog or cat, to a local animal control, protection or welfare organization, a local law enforcement agency, or the Mississippi Department of Public Safety, shall be immune from civil and criminal liability for reporting the incident.
(b) A veterinarian licensed in Mississippi or a person acting at the direction of a veterinarian licensed in Mississippi, who in good faith and acting without malice, participates in the investigation of an alleged offense of simple or aggravated cruelty to a dog or cat, or makes a decision or renders services regarding the care of a dog or cat that is involved in the investigation, shall be immune from civil and criminal liability for those acts.
(7) Other than an agency or department of a political subdivision that is charged with the control, protection or welfare of dogs or cats within the subdivision, any organization that has the purpose of protecting the welfare of, or preventing cruelty to, dogs or cats, shall register the organization with the sheriff of the county in which the organization operates a physical facility for the protection, welfare or shelter of dogs or cats, on or before the first day of October each year. The provisions of this subsection (7) shall apply to any organization that has the purpose of protecting the welfare of dogs or cats, or preventing cruelty to dogs or cats, regardless of whether the organization also protects animals other than dogs or cats.
(8) Nothing in this section shall limit the authority of a municipality or board of supervisors to adopt ordinances, rules, regulations or resolutions which may be, in whole or in part, more restrictive than the provisions of this section, and in those cases, the more restrictive ordinances, rules, regulations or resolutions will govern.
SECTION 3. Section 97-41-19, Mississippi Code of 1972, is amended as follows:
97-41-19. (1) If * * * a person (a) * * * sponsors, promotes, stages
or conducts a fight or fighting match between dogs, * * * (b) * * * wagers or bets, promotes
or encourages the wagering or betting of any money or other valuable
thing upon any such fight or * * * the result * * * of the fight, * * * (c) * * * owns or * * * possesses a dog with the intent
to willfully enter it or to participate in any such fight, * * * (d) * * * trains or transports a dog
for the purposes of participation in any such fight * * * or (e) * * * owns, possesses, buys,
sells, transfers, or manufactures paraphernalia for the
purpose of engaging in or otherwise promoting or facilitating such fight, * * * he or she is
guilty of a felony and, upon conviction for a first offense, 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 five (5) years, or by both such
fine and imprisonment, in the discretion of the court.
Upon conviction for a second or subsequent offense, the person shall be guilty of a felony and punished by a fine of not less than Five Thousand Dollars ($5,000.00), nor more than Ten Thousand Dollars ($10,000.00), or by imprisonment in the custody of the Department of Corrections for a term of not less than three (3) years, nor more than ten (10) years, or both.
(2) If any person * * * is 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 * * *
is present at an exhibition of a fight between dogs with the intent to
be present at such exhibition, he * * * or she is 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 paraphernalia, implements, equipment or other property, including dogs, 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 or she shall thereupon deliver the property to such court which shall, by order in writing, place such paraphernalia, implements, equipment, or other property, including dogs, in the custody of the law enforcement agency, or its designee. All paraphernalia, implements, equipment, or other property, excluding dogs forfeited under subsection (4) of this section, are to be kept by such custodian or custodians until the conviction or final discharge of the accused, and shall then send a copy of such orders without delay to the district attorney of the county. The custodian or custodians named and designated in such order shall immediately assume the custody of such property and shall retain same, subject to order of the court. The custodian or custodians shall appoint an animal control agency, agent of an animal shelter organization, veterinarian or designee as temporary custodian for any dogs seized, pending final disposition of the animal under Section 97-41-2.
(4) Within ten (10) days of the seizure of dogs under this section, the owner of the dogs may request a hearing to determine the disposition of the dogs. The court shall follow the procedure and guidelines as set out in Section 97-41-2(2) through (8) in conducting the hearing and determining the disposition of the dogs. Nothing in subsection (1) 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) For purposes of this section, the term "paraphernalia" means equipment, products, implements and materials of any kind that are used, intended for use, or designed for use in the training, preparation, conditioning, or furtherance of dog fighting, and includes, but is not limited to, the following:
(a) Breaking sticks;
(b) Cat mills;
(c) Treadmills;
(d) Fighting pits;
(e) Spring poles;
(f) Unprescribed veterinary medicine; or
(g) Treatment supplies.
In determining whether an object is paraphernalia, a court shall consider any prior convictions under federal or state law relating to animal fighting, the proximity of the object in time and space to the direct violation of this section, direct or circumstantial evidence of the intent of the person to deliver the object to persons whom he or she knows or should reasonably know intends to use the object to facilitate a violation of this section, oral or written instructions provided with or in the vicinity of the object concerning its use, descriptive materials accompanying the object which explain or depict its use, and any other relevant factors.
SECTION 4. Section 97-41-18, Mississippi Code of 1972, is brought forward 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.
SECTION 5. This act shall take effect and be in force from and after July 1, 2019.