MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Judiciary, Division B
By: Senator(s) Hewes, Baria, Burton, Butler, Chassaniol, Dawkins, Dearing, Frazier, Jackson (11th), Jackson (32nd), Jones, Jordan, King, McDaniel, Tollison, Walls, Ward, Yancey
AN ACT TO ESTABLISH LAWS AGAINST THE CRUELTY OF ANY VERTEBRATE ANIMAL; TO ESTABLISH THE CRITERIA FROM WHICH A PERSON WHO KNOWINGLY AND WITH CRIMINAL NEGLIGENCE COMMITS THE ACT OF CRUELTY TO ANY DOMESTICATED DOG OR CAT SHALL BE CHARGED; TO ESTABLISH THE ACT OF AGGRAVATED CRUELTY TO ANIMALS; TO ESTABLISH THAT ANYONE GUILTY OF AN ACT OF AGGRAVATED CRUELTY TO ANIMALS SHALL BE CHARGED WITH A FELONY; TO REPEAL SECTIONS 97-41-1, 97-41-5, 97-41-7 AND 97-41-9, MISSISSIPPI CODE OF 1972, WHICH DEAL WITH ANIMAL CRUELTY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. If any person shall knowingly or with criminal negligence torment, unjustifiably injure, deprive of necessary sustenance, food or drink; or cruelly beat or mutilate; or cause or procure to be tortured, unjustifiably injured, tormented, or deprived of necessary sustenance, food or drink; or to be cruelly beaten or mutilated or killed, any living vertebrate creature, except human beings and fish, every such offender, for each offense, shall be guilty of cruelty to animals, which is a misdemeanor punishable by not more than one (1) year in jail, a fine of not more than One Thousand Dollars ($1,000.00), or both.
SECTION 2. (1) If any person shall torture, mutilate, maim, burn or maliciously starve, disfigure or kill any domesticated dog or cat, every such offender, for every offense, shall be guilty of aggravated cruelty to a dog or cat and charged with a felony and upon conviction shall be committed to the custody of the State Department of Corrections for not less than twelve (12) months nor more than five (5) years, and fined an amount not less than One Thousand Five Hundred Dollars ($1,500.00), nor more than Ten Thousand Dollars ($10,000.00).
(2) A person alleged to have committed the offense of aggravated cruelty to a dog or cat shall not also be alleged to have committed the offense of cruelty to animals for an alleged offense that involves the same animal.
(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 any such dog or cat. The measure for such restitution in money shall be the current replacement value of such loss and 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.
(b) The court shall also order that restitution be made to all law enforcement agencies, animal control, or humane societies for the costs of investigation, sheltering, transporting, rehabilitation and other costs directly related to the case.
(c) The court may also require:
(i) Psychiatric or psychological evaluation, and if determined appropriate, psychiatric or psychological counseling or treatment for a length of time prescribed by the court. The cost of any psychiatric or psychological evaluation, counseling, or treatment shall be ordered paid by such person up to the jurisdictional limit of the court.
(ii) Forfeiture of any future right to own or care for any animal for a period which the court deems appropriate.
(iii) Periodic unannounced visits for a period up to one (1) year by a humane officer to inspect the care and condition of any animal permitted by the court to remain in the care, custody or possession of the guilty party. Such period may be extended by the court upon motion made by the state.
(4) The following activities will not be violations of this chapter: any and all activities associated with or incidental to the lawful hunting or trapping of wildlife, fishing, herding of domestic animals, accepted animal husbandry practices including slaughter, agricultural practices, accepted dog handling and training practices, the practice of veterinary medicine, humane euthanasia performed at an animal shelter, accepted pest control practices, livestock shows, accepted equine activities, or activities carried on for teaching or for scientific or medical research governed by accepted standards.
SECTION 3. Sections 97-41-1, 97-41-5, 97-41-7 and 97-41-9, Mississippi Code of 1972, which deal with cruelty to animals, carrying a creature in a cruel manner, confining animals without food or water and failure to provide sustenance to animals, are repealed.
SECTION 4. This act shall take effect and be in force from and after July 1, 2010.