MISSISSIPPI LEGISLATURE
2004 Regular Session
To: Agriculture; Judiciary B
By: Representative Bondurant (By Request), Reynolds
AN ACT TO CREATE THE OFFENSES OF ANIMAL ABUSE AND ANIMAL CRUELTY; TO DEFINE CERTAIN TERMS; TO AMEND SECTION 97-41-2, MISSISSIPPI CODE OF 1972, TO DELETE THE DEFINITION OF ANIMAL; TO AMEND SECTION 97-41-16, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTIES FOR MALICIOUSLY KILLING AN ANIMAL; TO REPEAL SECTIONS 97-41-1, 97-41-5, 97-41-7, 97-41-9, 97-41-11 AND 97-41-17, MISSISSIPPI CODE OF 9172, WHICH PROVIDE FOR ANIMAL CRUELTY OFFENSES; 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, amphibian or fish.
(b) "Guardian" means a person who has control, custody, possession, title or other legal interest in an animal.
(c) "Minimum care" means care sufficient to preserve the health and well-being of an animal and, except for emergencies, or circumstances beyond the reasonable control of the guardian, includes, but is not limited to, the following:
(i) Food of sufficient quantity and quality to allow for normal growth or maintenance of body weight.
(ii) Access to potable water of a drinkable temperature in sufficient quantity for an animal or group of animals.
(iii) Shelter that protects an animal from the adverse affects of weather (rain, snow, sleet, wind, etc.) and extreme temperatures, which is species and breed appropriate.
(iv) Veterinary care necessary to relieve distress from injury, neglect or disease.
(v) Adequate exercise to prevent debility.
(vi) If enclosed, adequate ventilation for normal breathing to prevent injury or suffering.
(vii) Lighting cycles of either natural or artificial light if quartered in a building.
(viii) If confined, an area free of excess waste, debris or other contaminants that could injure or affect the animal's health.
(d) "Person" means an individual, corporation, trust, partnership, association or any other legally defined human entity.
(e) "Physical injury" means physical trauma, impairment of condition or inflicted pain, except for that which is necessary for veterinary treatment.
(f) "Physical trauma" means fractures, cuts, burns, bruises, abrasions, punctures or other wounds, or illnesses produced by violence, neglect or a terminal or chemical agent.
(g) "Possession" means to have physical custody or to exercise dominion or control over an animal.
(h) "Critical physical injury" means physical injury that creates a substantial risk of death or that causes protracted disfigurement, protracted impairment of health or protracted loss or impairment of a bodily function.
(i) "Torture" means an act primarily taken to inflict pain or suffering.
(j) "Torment" means an act primarily intended to cause anguish, fear or suffering.
(k) "Except authorized by law" means any lawful hunting, fishing, slaughter, pest control, teaching or animal research or otherwise lawful use of or killing of animals.
SECTION 2. (1) A person who knowingly, intentionally or recklessly, except as otherwise authorized by law, abandons or leaves an animal at a location without providing for, or arranging for the animal's continued sustenance, or fails to provide minimum care for, or causes physical pain or injury to an animal, including, but not limited to, overriding, overdriving, beating, kicking, starving, cutting, or torments an animal, or causes any of the above to be done, is guilty of a misdemeanor, except that the animal dies as a result of said act, or is permanently debilitated which causes such act to be felonious. For each incident of abuse and for each animal abused, there shall be a separate charge of abuse.
(2) A conviction of misdemeanor animal abuse shall be punishable by a fine not less than Two Hundred Fifty Dollars ($250.00), or more than One Thousand Dollars ($1,000.00), or imprisonment for up to six (6) months in the county jail, or both, and, if applicable, restitution to a guardian, and reimbursement to law enforcement, animal control, or humane societies for costs of investigation, sheltering, rehabilitation and costs related to the case. A convicted person may be prohibited from possessing an animal or animals, or residing or working where animals are kept. The court may order the convicted person to participate in community service and/or successfully complete professional counseling.
(3) A conviction of felony animal abuse shall be punishable by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars ($10,000.00) or imprisonment for not less than one (1) year nor more than five (5) years in the State Penitentiary, or both, and, if applicable, restitution as described in subsection (2).
SECTION 3. (1) A person commits the crime of felony animal cruelty if, except otherwise authorized by law, knowingly, intentionally or with criminal negligence causes physical trauma, critical physical injury, or mutilation of, or the death of an animal, in an act of torture, malice, mischief or extreme deprivation of minimum care and sustenance. For each incidence of cruelty and for each animal affected there shall be a separate charge of cruelty.
(2) A felony animal cruelty conviction shall be punishable by a minimum fine of not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars ($10,000.00) or imprisonment in a State Penitentiary for not less than one (1) year, nor more than five (5) years, or both, and restitution to a guardian, and reimbursement to involved law enforcement, animal control, or humane agencies for investigation, sheltering or rehabilitation of the animals or animal, if applicable, and such person may not possess an animal or animals, if applicable, and such person may not possess an animal or animals for not less than five (5) years and may be ordered to successfully complete professional training.
SECTION 4. 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 5. Section 97-41-16, Mississippi Code of 1972, is amended as follows:
97-41-16. (1) Any person who shall maliciously, either out of a spirit of revenge or wanton cruelty, or who shall mischievously kill, maim or wound, or injure any dog, or cause any person to do the same, shall be fined not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars ($10,000.00) or be imprisoned in the State Penitentiary for not less than one (1) year nor more than five (5) years, or both.
(2) In addition to such fine or imprisonment which may be imposed, the court shall order that restitution be made to the owner of such dog. The measure for restitution in money shall be the current replacement value of such loss and/or the actual veterinarian fees, special supplies, loss of income and other cost incurred as a result of actions in violation of subsection (1) of this section.
SECTION 6. Sections 97-41-1, 97-41-5, 97-41-7, 97-41-9, 97-41-11 and 97-41-17, Mississippi Code of 1972, which provide for offenses regarding animal cruelty, are repealed.
SECTION 7. This act shall take effect and be in force from and after July 1, 2004.