Senate Bill 2704

AN ACT TO AMEND SECTIONS 97-41-1, 97-41-5, 97-41-7, 97-41-9, 97-41-11 AND 97-41-13, MISSISSIPPI CODE OF 1972, TO REVISE PENALTIES FOR CRUELTY TO ANIMALS; TO PROVIDE FOR FELONY OFFENSES; TO REQUIRE BOND FOR NEW BUSINESS ESTABLISHMENTS WHICH OFFER ANIMALS FOR SALE TO THE PUBLIC; TO EXCLUDE POULTRY OPERATIONS FROM THE PROVISIONS OF THIS ACT; 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. 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 the first offense, be guilty of a misdemeanor and, upon conviction, shall be fined not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) or imprisoned in the county jail for not more than one (1) year, or both. For a second or subsequent offense the offender shall be guilty of a felony and, upon conviction, shall be fined not more than Five Thousand Dollars ($5,000.00) or imprisoned in the State Penitentiary for not more than five (5) years, or both.

SECTION 2. Section 97-41-5, Mississippi Code of 1972, is amended as follows:

97-41-5. 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 criminal offense and punished as provided in Section 97-41-13.

SECTION 3. Section 97-41-7, Mississippi Code of 1972, is amended as follows:

97-41-7. 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 criminal offense and punished as provided in Section 97-41-13.

SECTION 4. Section 97-41-9, Mississippi Code of 1972, is amended as follows:

97-41-9. 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 criminal offense and punished as provided in Section 97-41-13.

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, except a dog, 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 criminal offense and punished as provided in Section 97-41-13. 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 6. Section 97-41-13, Mississippi Code of 1972, is amended as follows:

97-41-13. Any person who shall violate any of Sections 97-41-3 through 97-41-11, or Section 97-27-7 on the subject of cruelty to animals shall be guilty of a misdemeanor and, on conviction for a first offense, be fined not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), or shall be imprisoned in the county jail not * * * more than one (1) year, or both. For a second or subsequent violation, such person shall be guilty of a felony and, upon conviction, shall be fined not more than Five Thousand Dollars ($5,000.00) or imprisoned in the custody of the Department of Corrections for not more than five (5) years, or both.

SECTION 7. Every political subdivision shall require all new businesses which offer animals for sale to the public to purchase a bond for such new business. The bond shall be in a sufficient amount as determined by the political subdivision that will cover any liability that such business may incur.

SECTION 8. The provisions of this act shall not apply to poultry operations.

SECTION 9. This act shall take effect and be in force from and after July 1, 2004.