MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Judiciary, Division B
By: Senator(s) Wilemon
AN ACT TO AMEND SECTION 97-41-1, MISSISSIPPI CODE OF 1972, TO CREATE THE MISDEMEANOR OFFENSE OF CRUELTY TO ANIMALS; TO AMEND SECTION 97-41-3, MISSISSIPPI CODE OF 1972, TO CREATE THE OFFENSE OF AGGRAVATED CRUELTY TO A DOG OR CAT, AND TO PROVIDE THAT THE THIRD OFFENSE SHALL BE A FELONY; TO AMEND SECTION 97-41-5, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE SEIZURE OF ANIMALS BELIEVED TO BE SUBJECT TO NEGLECT OR ABUSE; TO AMEND SECTION 97-41-7, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE DISPOSITION OF ANIMALS SEIZED UNDER THE ACT; TO AMEND SECTION 97-41-9, MISSISSIPPI CODE OF 1972, TO ENACT DEFINITIONS; TO AMEND SECTION 97-41-13, MISSISSIPPI CODE OF 1972, TO PROVIDE EXEMPTIONS FROM CRIMINAL LIABILITY UNDER THE ACT; TO AMEND SECTION 97-41-17, TO PROVIDE FOR THE DISPOSITION OF ANIMALS IN THE POSSESSION OF A PERSON WHO IS ARRESTED AT THE TIME OF ARREST; TO CREATE NEW SECTION 97-41-25, MISSISSIPPI CODE OF 1972, TO PROVIDE IMMUNITY FROM LIABILITY FOR THOSE WHO IN GOOD FAITH REPORT SUSPECTED VIOLATIONS OF THE ACT; TO CREATE NEW SECTION 97-41-27, MISSISSIPPI CODE OF 1972, TO CLARIFY THE IMMUNITY OF VETERINARIANS WHO REPORT SUSPECTED ABUSE; TO CREATE NEW SECTION 97-41-29, MISSISSIPPI CODE OF 1972, TO PROVIDE EXEMPTIONS FROM CRIMINAL LIABILITY IN CASES OF NATURAL OR MAN-MADE DISASTER; TO REPEAL SECTION 97-41-2, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR SEIZURE AND DISPOSITION OF ABUSED AND NEGLECTED ANIMALS; TO REPEAL SECTION 97-41-16, MISSISSIPPI CODE OF 1972, WHICH PROHIBITS MALICIOUS INJURY TO DOG AND CATS; 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. (1) A person commits the offense of cruelty to animals if, except as authorized by law, the person knowingly:
(a) Abandons any animal;
(b) Subjects any animal to cruel mistreatment or cruel neglect; or
(c) Kills or injures any animal belonging to another without legal privilege or consent of the owner.
(2) The offense of cruelty to animals is a misdemeanor punishable by a fine of not less than One Hundred Fifty Dollars ($150.00) nor more than One Thousand Dollars ($1,000.00), imprisonment of not more than six (6) months, not more than thirty (30) days of community service, or all three (3) options.
(3) A person alleged to have committed the offense of cruelty to animals shall not also be alleged to have committed the offense of aggravated cruelty to a dog or cat for an alleged offense that involves the same animal.
(4) For purposes of this section, each alleged act of the offense of cruelty to animals committed against more than one (1) animal shall constitute a separate offense.
(5) (a) In addition to any other penalty provided by law, the court may order any person sentenced under this section to receive a psychiatric or psychological evaluation, and if determined appropriate, psychiatric or psychological counseling or treatment for a length of time prescribed by the court.
(b) The cost of any evaluation, counseling or treatment shall be ordered paid by the person sentenced up to the jurisdictional limit of the court.
SECTION 2. Section 97-41-3, Mississippi Code of 1972, is amended as follows:
97-41-3. (1) A person commits the offense of aggravated cruelty to a dog or cat if, except as otherwise authorized by law, he or she intentionally and maliciously tortures, mutilates, maims, burns, poisons or starves any dog or cat.
(2) (a) Any person who commits the offense of aggravated cruelty to a dog or cat shall be deemed to be guilty of a misdemeanor and punished by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00), imprisoned for not more than forty-eight (48) hours, up to thirty (30) days of community service, or all three (3) options.
(b) For a second offense of aggravated cruelty to a dog or cat, the person shall be guilty of a misdemeanor and punished by a fine of not less than Six Hundred Dollars ($600.00) nor more than One Thousand Five Hundred Dollars ($1,500.00), imprisoned for not less than five (5) days nor more than one (1) year, and sentenced to community service work for not less than ten (10) days nor more than one (1) year.
(c) A third or subsequent offense of aggravated cruelty to a dog or cat shall be a felony punishable by a fine of not less than Five Thousand Dollars ($5,000.00) and commitment to the custody of the Department of Corrections for not less than five (5) years.
(3) (a) In addition to any penalty imposed by law, the court may order any person sentenced under this section to receive a psychiatric or psychological evaluation, and if determined appropriate, psychiatric or psychological counseling or treatment for a length of time as prescribed by the court.
(b) The cost of any psychiatric or psychological evaluation, counseling, or treatment shall be ordered paid by the person upon order of the court.
(4) A person alleged to have committed the offense of aggravated cruelty to a dog or cat shall not also be charged with the offense of cruelty to animals for an alleged offense that involves the same animal.
(5) For purposes of this section, each alleged act of the offense of aggravated cruelty to a dog or cat committed against more than one (1) dog or cat shall constitute a separate offense.
(6) This section shall only apply to an offense committed against a dog or cat and shall not be construed to apply to any animal other than a dog or cat.
SECTION 3. Section 97-41-5, Mississippi Code of 1972, is amended as follows:
97-41-5. (1) (a) A person who has personal knowledge of facts that may constitute the offense of cruelty to animals or the offense of aggravated cruelty to a dog or cat may file a complaint with a local law enforcement agency.
(b) The person who files a complaint with a local law enforcement agency pursuant to subsection (1)(a) of this section must also submit, at the time the complaint is filed, a signed affidavit that states the facts upon which the belief that the offense of cruelty to animals or the offense of aggravated cruelty to a dog or cat has occurred. No complaint can be filed unless it is accompanied by an affidavit signed and given under oath stating the facts and the method of acquisition of those facts upon which the complainant relies.
(2) A law enforcement officer or animal control officer who receives a complaint pursuant to subsection (1) may apply for a search warrant under oath or affirmation to any magistrate or judge of competent jurisdiction authorized to issue warrants in criminal cases in the jurisdiction in which the alleged violation has taken place or is taking place. If the magistrate or judge determines that probable cause exists, the magistrate or judge shall issue a warrant directing a law enforcement officer of the local law enforcement agency to search the place designated in the warrant, and, if warranted, take custody of property or seize any animal or animals specified in the warrant.
(3) Nothing in this section prohibits or otherwise limits a law enforcement officer of a local law enforcement agency from arresting any person believed to have committed the offense of cruelty to animals or the offense of aggravated cruelty to a dog or cat from seizing any animal that appears to have been subject to an offense of cruelty to animals or an offense of aggravated cruelty to a dog or cat without first obtaining a warrant pursuant to subsection (2) of this section if the arrest or seizure is otherwise lawful.
(4) A law enforcement officer may consult with a licensed veterinarian or an animal control officer to assist the officer in determining whether seizing the animal pursuant to subsection (2) or (3) of this section is in the immediate best interest of the animal. The consultation may occur through the physical inspection of the animal and its environment by the licensed veterinarian or through verbal communication in which the law enforcement officer describes to the licensed veterinarian the condition of the animal and its environment. Only animals that are evidence of the commission of a crime shall be seized.
(5) A law enforcement officer of a local law enforcement agency that seizes an animal pursuant to subsection (2) or (3) of this section, or an arrest subject to Section 97-41-17, shall have the animal placed with an appropriate place of custody.
(6) Upon seizure of the animal, the law enforcement officer of a local law enforcement agency shall provide written notice to the owner that contains a description of the animal seized, the date seized, the name of the appropriate place of custody with which the animal has been placed, if known at the time, and the process by which the owner can prevent the disposition of the animal under Section 97-41-7. The written notification may be delivered in person, posted at the residence of the owner, or sent by United States mail to the last known address of the owner.
(7) A law enforcement officer of a local law enforcement agency who seizes an animal shall provide written notice to the magistrate or judge of the court that issued the warrant and the notice must include a written description of the animal and the name and address of the appropriate place of custody to which the animal has been placed.
(8) Once an animal has been seized by a law enforcement officer and placed with an appropriate place of custody, the court may place the animal with any other appropriate place of custody at any time. The court may at any time order the inspection of the animals and their living conditions by a law enforcement office or a licensed veterinarian, or both.
(9) An appropriate place of custody shall file a written report to the court no less often than every thirty (30) days starting with the day of seizure. The report must contain, at a minimum, a list of every animal being held and a description of its current condition. The court may require pictures.
(10) If an animal dies while at the appropriate place of custody, the court shall be immediately notified and a necropsy shall be performed by a court appointed licensed veterinarian with the results provided directly by the veterinarian to the court.
(11) Animals born to a seized animal while in the care of an appropriate place of custody become the property of the owner of the seized animal and shall be disposed of in accordance with Section 97-41-7. An appropriate place of custody is prohibited from and shall not intentionally breed any seized animal in its care. Should a breeding occur by accident, the offspring becomes the property of the owner of the seized animal and shall be disposed of in accordance with Section 97-41-7.
(12) A violation of subsection (9), (10) or (11) of this section shall constitute a misdemeanor punishable by a fine of not less than One Hundred Fifty Dollars ($150.00) nor more than One Thousand Dollars ($1,000.00), imprisonment of not more than six (6) months, or not more than thirty (30) days of community service.
SECTION 4. Section 97-41-7, Mississippi Code of 1972, is amended as follows:
97-41-7. (1) An animal that has been seized by a law enforcement officer of a local law enforcement agency pursuant to Section 97-41-15 or 97-41-29 shall remain at the appropriate place of custody for a period of fifteen (15) consecutive days, including weekends and holidays, after written notice is given pursuant to Section 97-41-15. If a person who claims an interest in such an animal intends to retain ownership, the person shall so inform the court within the fifteen-day period. Failing such notice, the court shall determine final disposition by giving the animal to an appropriate place of custody or a veterinarian or the animal shall be euthanized in accordance with reasonable practices for the humane euthanasia of animals.
(2) (a) Nothing in this section shall prevent the euthanizing of any seized animal, at any time, if the court determines in accordance with testimony from a licensed veterinarian that the animal is not likely to survive and is suffering intractable pain as a result of a physical condition or illness. If that situation occurs and the owner is known at the time, the owner shall have the opportunity, if desired, to have a licensed veterinarian of his or her choosing to also examine the animal and present testimony to the court before euthanasia is performed. The cost of the examination shall be paid by the owner of the animal.
(b) An appropriate place of custody is prohibited from and shall not alter or modify an animal in any manner, including, but not limited to, the neutering, spaying, or castration of the animal, without a written court order, the issuance of which is preceded by a hearing involving all interested parties. A violation of this paragraph shall constitute a misdemeanor punishable by a fine of no less than One Hundred Fifty Dollars ($150.00) and no more than One Thousand Dollars ($1,000.00) or imprisonment no more than six (6) months or up to thirty (30) days of community service.
(3) (a) If a person convicted of either the offense of cruelty of animals or the offense of aggravated cruelty to a dog or cat is also the owner of the animal, the person may be divested of ownership of the animal. Should the court so find, it shall either:
(i) Order a public sale of the animal by auction;
(ii) Order the animal given to an appropriate place of custody;
(iii) Order the animal humanely destroyed if the court decides that the best interests of the animal or that the public health and safety would be best served by doing so based on the sworn testimony of a licensed veterinarian; or
(iv) Order the animal given to a licensed veterinarian with the written consent of the licensed veterinarian.
(b) If a person is convicted of either the offense of cruelty of animals or the offense of aggravated cruelty to a dog or cat and the person is not the owner of such animal, the court shall order that the animal be returned to the owner, if practicable, or, if not practicable, the court shall either:
(i) Order a public sale of the animal by auction;
(ii) Order the animal given to an appropriate place of custody;
(iii) Order the animal humanely destroyed if the court decides that the best interests of the animal or that the public health and safety would be best served by doing so based on the sworn testimony of a licensed veterinarian; or
(iv) Order the animal given to a licensed veterinarian with the written consent of licensed veterinarian.
(4) The court may order that an animal disposed of under paragraph (c)(l) or (c)(2) of this section be spayed or neutered at the cost of the receiving party.
(5) The court shall order the animal returned to the owner if the owner is found not guilty of the offense of cruelty to animals or the offense of aggravated cruelty to a dog or cat.
(6) Notice of an auction conducted pursuant to this section shall be published at least once a week for at least two (2) consecutive weeks in a newspaper having general circulation in the county in which the auction will be held. The notice shall specify the description of the animal or animals to be sold and the time and place of the public auction. At the auction, a bid by the former owner of the animal, the representative of the former owner, or a member of the household of the owner shall not be accepted.
(7) (a) The person responsible for conducting the auction shall deliver proceeds from the auction, minus reasonable and appropriate costs associated with conducting the auction, to the court that ordered the public sale of the animal by auction. Proceeds from the sale of the animal shall be applied to any remaining costs that pertain to the investigation and proceedings involving an offense of cruelty to animals or an offense of aggravated cruelty to a dog or cat, with priority of payment given to cover costs of housing and caring for the animal during its impoundment and other reasonable costs associated with the seizing of the animal. The court may order any excess proceeds to be paid in a manner determined by the court.
(b) If an attempt is made to sell an animal at auction pursuant to this section and cannot for whatever reason be sold at auction, the person responsible for conducting the auction shall so notify the court that ordered the animal to be sold at auction, and the court shall order that the animal:
(i) Be humanely destroyed if the court decides that the best interests of the animal or that the public health and safety would be served by doing so based on the sworn testimony of a licensed veterinarian;
(ii) Be given to an appropriate place of custody; or
(iii) Be given to a licensed veterinarian with the written consent of licensed veterinarian.
SECTION 5. Section 97-41-9, Mississippi Code of 1972, is amended as follows:
97-41-9. For purposes of this chapter, the following definitions apply:
(a) "Abandon" means to either:
(i) Forsake an animal entirely without making adequate provisions for the proper care of the animal by the owner of the animal, the person responsible for the care or custody of the animal, or any other person having possession of such animal; or
(ii) Neglect or refuse to provide for the proper care of the animal by the owner, the person responsible for the care or custody of the animal, or any other person having possession of such animal.
(b) "Animal" or "animals" means any living vertebrate creatures, except human beings and fish.
(c) "Animal control officer" means an officer employed by or under contract with an agency of the state, county, municipality or other governmental subdivision of the state which is responsible for animal control operations in its jurisdiction.
(d) "Animal husbandry practices" means the raising, management, and using of animals to provide food, fiber, or transportation, including, but not limited to, dehorning, docking, castration, or neutering of livestock or poultry, or any other practice consistent with acceptable standards of veterinary practice.
(e) "Animal identification" means the use of microchips, tattoos, ear tags, branding, ear notching or any similar technology to identify the owner of an animal.
(f) "Appropriate place of custody" means a nonprofit animal shelter, animal pound, society incorporated for the prevention of cruelty to animals; agency of the state, county, municipality or other governmental subdivision of the state which is responsible for animal control operations in its jurisdiction; other public or private custodian that shelters, cares for, and provides necessary medical treatment to an animal; or the owner of the animal, if approved by written order of a court of competent jurisdiction.
(g) "Competitive events" means an otherwise lawful event that is generally recognized as having an established schedule of events involving competition of animals or exhibitions.
(h) "Cruel mistreatment" means any act that causes or unreasonably permits the continuation of unnecessary or unjustifiable pain or suffering.
(i) "Cruel neglect" means the willful failure to provide food, water, protection from the elements, or other care generally considered to be normal, usual and accepted for the health and well-being of an animal consistent with the species, breed, and type of animal.
(j) "Equine activity" or "equine activities" means:
(i) Equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, pulling, cutting, polo, steeplechasing, endurance trail riding and western games and hunting;
(ii) Teaching and training activities of equine shows or rodeos;
(ii) Boarding equines;
(iv) Riding, inspecting or evaluating an equine belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of equine to ride, inspect or evaluate the equine; and
(v) Rides, hunts, or other equine activities of any type, no matter how informal or impromptu.
(k) "Law enforcement officer" means any appointed or elected law enforcement officer or sheriff employed by a public law enforcement department, office or agency who:
(i) Is responsible for the prevention and detection of crime and the enforcement of the criminal, traffic or highway laws of this state; and
(ii) Has met the selection and training requirements for certification established by the Mississippi Board on Law Enforcement Officer Standards and Training.
(l) "Euthanasia" or "euthanizing" means to produce a humane death by techniques accepted by the American Veterinary Medical Association and in accordance with applicable federal and state laws.
(m) "Humanely destroyed" or "humanely destroying" means the euthanizing of an animal by a licensed veterinarian.
(n) "Humanely killing" or "humanely killed" means the killing of animal in a swift manner intended to limit the pain or suffering of the animal.
(o) "Licensed veterinarian" means a veterinarian licensed to engage in the practice of veterinary medicine in Mississippi in accordance with applicable Mississippi laws.
(p) "Livestock" means cattle, bison, buffalo, beefalo, horses, mules, donkeys, rabbits, ratites, swine, sheep, goats, cervidae, llamas, alpacas, and other such animals as determined by the Mississippi Department of Agriculture, Forestry and Commerce.
(q) "Local law enforcement agency" means the police force of a municipality, the office of the county sheriff or the state police.
(r) "Mutilate" means to seriously wound, injure, maim or disfigure an animal by irreparably damaging the body parts of the animal or to render useless any part of the body of the animal.
(s) "Owner" means any person who has a right of property in an animal.
(t) "Person" means any individual, firm, partnership, corporation, organization, association, or any combination thereof, whether or not incorporated, the State of Mississippi, or any county, municipal corporation or political subdivision of the state.
(u) "Poultry" means chickens, turkeys, ducks, geese, game birds and other domestic fowl as determined by the Mississippi Department of Agriculture, Forestry and Commerce.
(v) "Professional pest control activities" includes those activities governed by the "Mississippi Pesticide Law of 1975," Section 69-23-1 et seq., and any other pest control activities conducted in accordance with state law, including, but not limited to, Section 69-19-1 et seq.
(w) "Public livestock market" means any place, establishment, or facility commonly known as a livestock market, sales ring, stockyard or the like, operated for compensation or profit as a public market for livestock, consisting of pens or other enclosures and their appurtenances, in which livestock are received, held, sold or kept for sale or shipment.
(x) "Rodeo" means a performance featuring competition between persons that includes one or more of the following events: bareback bronc riding, saddle bronc riding, bull riding, calf roping, steer wrestling, or team roping. A rodeo performed on private property for which admission is charged, or that sells or accepts sponsorships, or is open to the public constitutes a performance for the purpose of this paragraph (x).
(y) "Torture" means the infliction of inhumane treatment or gross physical abuse to a dog or cat meant to cause the dog or cat intense or prolonged pain or serious physical injury, or thereby causing death to the dog or cat, with the intent of increasing or prolonging the pain of the dog or cat.
SECTION 6. Section 97-41-13, Mississippi Code of 1972, is amended as follows:
97-41-13. (1) Nothing in this chapter shall be construed as prohibiting a person from:
(a) Defending himself or herself or another person from physical or economic injury being threatened or caused by an animal;
(b) Injuring or killing of an unconfined animal on the person's property if the unconfined animal is reasonably believed to constitute a threat of physical injury or damage to any animal under the care or control of the person;
(c) Acting in accordance with the provisions of Section 95-5-19;
(d) Engaging in practices lawful under the Mississippi Veterinary Practice Act, Sections 73-39-51 et seq., or engaging in activities by any licensed veterinarian while following accepted standards of practice of the profession, including the euthanizing of an animal;
(e) Humanely killing an animal that is suffering from an incurable or untreatable illness or condition or there appears to be no reasonable probability that the life or usefulness of the animal can be saved;
(f) Rendering emergency care, treatment or assistance to an animal that is abandoned, ill, injured or in distress related to an accident or disaster if the person rendering the care, treatment or assistance is:
(i) Acting in good faith; and
(ii) Not receiving compensation;
(g) Performing accepted animal husbandry practices on livestock or poultry;
(h) Performing professional pest control activities in a lawful manner;
(i) Training for or participating in a rodeo, equine activity, or competitive event;
(j) Engaging in normal or accepted practices of animal identification;
(k) Engaging in activities regulated by the Mississippi Department of Wildlife, Fisheries, and Parks;
(l) Activities undertaken by research and education facilities or institutions that are:
(i) Regulated under the provisions of the Animal Welfare Act, 7 USC 2131 et seq., as in effect on July 1, 2010;
(ii) Regulated under the provisions of the Health Research Extension Act of 1985, Public Law 99-158; or
(iii) Subject to any other applicable state or federal law or regulation governing animal research as in effect on July 1, 2010.
(2) In addition to the exemptions enumerated in subsection (1) of this section, nothing in this chapter shall be construed as prohibiting a person from engaging in or performing conduct which is otherwise permitted under the laws of this state or of the United States, including, but not limited to, agricultural, animal husbandry, butchering, food processing, marketing, scientific research, medical, zoological, exhibition, competition, hunting, trapping, fishing, wildlife management, or pest control practices or the authorized practice of veterinary medicine.
(3) The exemptions provided in this section shall apply to the offense of cruelty to animals and to the offense of aggravated cruelty to a dog or cat.
SECTION 7. Section 97-41-17, Mississippi Code of 1972, is amended as follows:
97-41-17. (1) When any person arrested by a law enforcement officer of a local law enforcement agency is in charge at the time of the arrest of any vehicle drawn by or containing any animal, the law enforcement officer may seize the animal, and impound in any lawful manner the vehicle, and the contents of such vehicle.
(2) A law enforcement officer of a local law enforcement agency that seizes an animal pursuant to subsection (1) of this section shall have the animal placed with an appropriate place of custody.
(3) Any vehicle or contents of such vehicle impounded pursuant to subsection (1) of this section shall be returned to the owner as soon as reasonably practicable under the circumstances.
SECTION 8. The following shall be codified as Section 97-41-25, Mississippi Code of 1972:
97-41-25. Except as otherwise provided in Section 97-35-47, a person who, in good faith, reports a suspected incident of cruelty to animals or aggravated cruelty to a dog or cat to a local law enforcement agency shall be immune from civil and criminal liability for reporting the incident.
SECTION 9. The following shall be codified as Section 97-41-27, Mississippi Code of 1972:
97-41-27. Any veterinarian licensed in this state who reports a suspected incident of the offense of cruelty to animals or the offense of aggravated cruelty to a dog or cat to the proper authorities shall be immune from liability in accordance with Section 73-39-87.
SECTION 10. The following shall be codified as Section 97-41-29, Mississippi Code of 1972:
97-41-29. An owner of an animal or a person in control of an animal shall not be guilty for either the offense of cruelty to animals or the offense of aggravated cruelty to a dog or cat if the person, as the result of causes beyond the person's reasonable control, including, without limitation, acts of God, declarations of disaster, emergencies, acts of war, earthquakes, fires, floods or other natural disasters, reasonably engaged in an act or omission that might otherwise constitute an allegation of the offense of cruelty to animals or the offense of aggravated cruelty to a dog or cat.
SECTION 11. Section 97-41-2, Mississippi Code of 1972, which provides for seizure and disposition of abused and neglected animals, is repealed.
SECTION 12. Section 97-41-16, Mississippi Code of 1972, which prohibits malicious injury to dog and cats, is repealed.
SECTION 13. This act shall take effect and be in force from and after July 1, 2010.