MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Judiciary, Division B
By: Senator(s) Dearing
AN ACT TO AMEND SECTION 97-5-39, MISSISSIPPI CODE OF 1972, TO REVISE THE CRIME OF CHILD ENDANGERMENT IN THE CONTEXT OF EXPOSING A CHILD TO ANIMAL CRUELTY; TO CREATE NEW SECTION 97-5-49, MISSISSIPPI CODE OF 1972, TO CREATE THE CRIME OF TERRORIZING A CHILD BY COMMITTING ANIMAL CRUELTY; TO AMEND SECTION 97-27-7, MISSISSIPPI CODE OF 1972, TO REVISE THE PUNISHMENT FOR A CONVICTION OF MISTREATMENT OF AN ANIMAL SUFFERING FROM GLANDERS OR FARCY; TO AMEND SECTION 97-47-1, MISSISSIPPI CODE OF 1972, TO CREATE THE REVISED CRIME OF CRUELTY TO ANIMALS; TO AMEND SECTION 97-41-16, MISSISSIPPI CODE OF 1972, TO CREATE THE CRIME OF MALICIOUS CRUELTY TO A DOG OR CAT; TO AMEND SECTION 97-41-19, MISSISSIPPI CODE OF 1972, TO REVISE SO AS TO PROHIBIT SPONSORSHIP OF ALL ANIMAL FIGHTING; TO CREATE DEFINITIONS FOR THE PURPOSES OF THE ACT; TO PROVIDE EXCEPTIONS FROM CRIMINAL LIABILITY UNDER THE ACT; TO REITERATE SPECIFIC IMMUNITY FOR CERTAIN ACTS OF VETERINARIANS UNDER THE ACT; TO AUTHORIZE ANY PERSON TO INTERVENE AND PREVENT CRUELTY TO ANIMALS; TO AUTHORIZE SEARCH WARRANTS IN AN INVESTIGATION OF A VIOLATION OF THE ACT; TO CLARIFY THE AUTHORITY TO MAKE ARRESTS FOR VIOLATIONS OF THE ACT; TO REPEAL SECTION 97-41-3, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THE KILLING OF AN INJURED OR USELESS ANIMAL UNDER CERTAIN CIRCUMSTANCES; TO REPEAL SECTION 97-41-5, MISSISSIPPI CODE OF 1972, WHICH PROHIBITS CARRYING AN ANIMAL IN A CRUEL MANNER; TO REPEAL SECTION 97-41-7, MISSISSIPPI CODE OF 1972, WHICH PROHIBITS CONFINING AN ANIMAL WITHOUT FOOD OR WATER; TO REPEAL SECTION 97-41-9, MISSISSIPPI CODE OF 1972, WHICH PROHIBITS FAILURE TO FEED OR SUSTAIN AN ANIMAL; TO REPEAL SECTION 97-41-11, MISSISSIPPI CODE OF 1972, WHICH PROHIBITS SPONSORSHIP OF FIGHTING COCKS AND BEARS; TO REPEAL SECTION 97-41-13, MISSISSIPPI CODE OF 1972, WHICH PRESCRIBES PENALTIES OF CERTAIN VIOLATIONS OF THE CHAPTER; TO REPEAL SECTION 97-41-18, MISSISSIPPI CODE OF 1972, WHICH PROHIBITS HOG AND CANINE FIGHTING EVENTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-5-39, Mississippi Code of 1972, is amended as follows:
97-5-39. (1) (a) Except as otherwise provided in this section, any parent, guardian or other person who willfully commits any act or omits the performance of any duty, which act or omission contributes to or tends to contribute to the neglect or delinquency of any child or which act or omission results in the abuse of any child, as defined in Section 43-21-105(m) of the Youth Court Law, or who knowingly aids any child in escaping or absenting himself from the guardianship or custody of any person, agency or institution, or knowingly harbors or conceals, or aids in harboring or concealing, any child who has absented himself without permission from the guardianship or custody of any person, agency or institution to which the child shall have been committed by the youth court shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00), or by imprisonment not to exceed one (1) year in jail, or by both such fine and imprisonment.
(b) If the child's deprivation of necessary food, clothing, shelter, health care or supervision appropriate to the child's age results in substantial harm to the child's physical, mental or emotional health, the person may be sentenced to imprisonment for not more than five (5) years or to payment of a fine of not more than Five Thousand Dollars ($5,000.00), or both.
(c) A parent, legal guardian or other person who knowingly permits the continuing physical or sexual abuse of a child is guilty of neglect of a child and may be sentenced to imprisonment for not more than ten (10) years or to payment of a fine of not more than Ten Thousand Dollars ($10,000.00), or both. (2) (a) Any person who shall intentionally (i) burn any child, (ii) torture any child or, (iii) except in self-defense or in order to prevent bodily harm to a third party, whip, strike or otherwise abuse or mutilate any child in such a manner as to cause serious bodily harm, shall be guilty of felonious abuse of a child and, upon conviction, shall be sentenced to imprisonment in the custody of the Department of Corrections for life or such lesser term of imprisonment as the court may determine, but not less than ten (10) years. For any second or subsequent conviction under this subsection, the person shall be sentenced to imprisonment for life.
(b) (i) A parent, legal guardian or caretaker who endangers a child's person or health by knowingly causing or permitting the child to be present where any person is selling, manufacturing or possessing immediate precursors or chemical substances with intent to manufacture, sell or possess a controlled substance as prohibited under Section 41-29-139 or 41-29-313, is guilty of child endangerment and may be sentenced to imprisonment for not more than ten (10) years or to payment of a fine of not more than Ten Thousand Dollars ($10,000.00), or both.
(ii) If the endangerment results in substantial harm to the child's physical, mental or emotional health, the person may be sentenced to imprisonment for not more than twenty (20) years or to payment of a fine of not more than Twenty Thousand Dollars ($20,000.00), or both.
(c) (i) A parent, legal guardian or caretaker who endangers a child's person or health by causing or permitting the child to be present where any person is committing an offense prohibited under Title 97, Chapter 41, Mississippi Code of 1972, is guilty of child endangerment and may be subject to an enhanced sentence of an additional term of imprisonment not to exceed five (5) years.
(ii) The term of imprisonment for any enhancement of penalty imposed under this paragraph shall run consecutive to any other sentence imposed.
(3) Nothing contained in this section shall prevent proceedings against the parent, guardian or other person under any statute of this state or any municipal ordinance defining any act as a crime or misdemeanor. Nothing in the provisions of this section shall preclude any person from having a right to trial by jury when charged with having violated the provisions of this section.
(4) After consultation with the Department of Human Services, a regional mental health center or an appropriate professional person, a judge may suspend imposition or execution of a sentence provided in subsections (1) and (2) of this section and in lieu thereof require treatment over a specified period of time at any approved public or private treatment facility. A person may be eligible for treatment in lieu of criminal penalties no more than one (1) time.
(5) In any proceeding resulting from a report made pursuant to Section 43-21-353 of the Youth Court Law, the testimony of the physician making the report regarding the child's injuries or condition or cause thereof shall not be excluded on the ground that the physician's testimony violates the physician-patient privilege or similar privilege or rule against disclosure. The physician's report shall not be considered as evidence unless introduced as an exhibit to his testimony.
(6) Any criminal prosecution arising from a violation of this section shall be tried in the circuit, county, justice or municipal court having jurisdiction; provided, however, that nothing herein shall abridge or dilute the contempt powers of the youth court.
SECTION 2. The following shall be codified as Section 97-5-49, Mississippi Code of 1972:
97-5-49. (1) As used in this section:
(a) "Child" means any person under sixteen (16) years of age; and
(b) "In the presence of a child" means in the physical presence of a child or knowing or having reason to know that a child is present and may see or hear an unlawful act to an animal.
(2) A person who:
(a) Commits the offense of cruelty to animals in the presence of a child with the purpose of terrorizing or punishing a child is guilty of a felony, punishable by a fine of not more than Five Thousand Dollars ($5,000.00), imprisonment in the custody of the Department of Corrections not to exceed five (5) years, or both.
(b) Knowingly causes the death of an animal in the presence of a child with the purpose of terrorizing or punishing a child is guilty of a felony punishable by a fine of not more than Five Thousand Dollars ($5,000.00), imprisonment in the custody of the Department of Corrections not to exceed five (5) years, or both; or
(c) Threatens to kill or cause serious physical injury to an animal in the presence of a child with the purpose of terrorizing or punishing a child is guilty of a misdemeanor, punishable by a fine of not more than One Thousand Dollars ($1,000.00), imprisonment in jail not to exceed six (6) months, or both.
SECTION 3. Section 97-27-7, Mississippi Code of 1972, is amended as follows:
97-27-7. If any person, being the owner or having the charge of any animal diseased with the glanders or farcy, shall not deprive the animal of life or closely confine it remote from all other animals liable to contract the disease, he shall be guilty of a misdemeanor and, on conviction, shall be fined not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00), imprisoned in the county jail not less than ten (10) days nor more than one hundred (100) days, or both.
Whenever a case of glanders or farcy is reported to the president of the board of supervisors, he may employ a competent veterinary surgeon, if necessary, at the expense of the county. If such veterinary surgeon declare the animal or animals affected with the glanders or farcy the sheriff shall immediately kill the animal or animals, for which service he shall be allowed not more than two dollars for each animal destroyed, to be paid out of the county treasury. And the said board of supervisors are hereby authorized and empowered, in the discretion of said board, to allow to the owner of said animal or animals, to be paid out of the county treasury, such sum therefor as the board may deem proper. If any owner of stock, having good reason to suspect that his stock is diseased shall fail to report to the president of the board, or if any official named in this section shall fail to perform the duties herein imposed, such offender shall, on conviction, be fined not less than Twenty-five Dollars ($25.00) nor more than Two Hundred Dollars ($200.00), or shall be imprisoned in the county jail for a term not exceeding two (2) months, or both. The board of supervisors when any animal shall have been exposed to glanders or farcy and not actually infected, may order all such animals to be quarantined until such time as the danger of contagion shall have passed, and the place where such animals are kept shall also be quarantined.
SECTION 4. 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 he or she knowingly:
(a) Subjects any animal to cruel mistreatment;
(b) Kills or injures any animal owned by another person without legal privilege or consent of the owner;
(c) Abandons an animal at a location without providing for the animal's continued care;
(d) Fails to supply an animal in his or her custody with a sufficient quantity of wholesome food and water for twelve (12) successive hours;
(e) Fails to provide an animal in his or her custody with adequate shelter that is consistent with the breed, species, and type of animal; or
(f) Carries or causes to be carried in or upon any motorized vehicle or boat an animal in a cruel or inhumane manner.
(2) For purposes of this section, each alleged act of the offense of cruelty to animals committed against more than one (1) animal may constitute a separate offense.
(3) Any person convicted of cruelty to animals is guilty of a misdemeanor and shall be:
(a) Fined not less than One Hundred Fifty Dollars ($150.00) nor more than One Thousand Dollars ($1,000.00);
(b) Either:
(i) Imprisoned for not less than one (1) day nor more than one (1) year; or
(ii) Ordered to complete community service; and
(c) Both:
(i) Ordered to complete a psychiatric or psychological evaluation; and
(ii) If determined appropriate, psychiatric or psychological counseling or treatment for a length of time prescribed by the court.
(d) The cost of any psychiatric or psychological evaluation, counseling, or treatment may be ordered paid by the person up to the jurisdictional limit of the court.
(4) Any person who pleads guilty or nolo contendere to or is found guilty of the offense of cruelty to animals for a second offense occurring within five (5) years of a previous offense of cruelty to animals or of any other equivalent penal offense of another state or foreign jurisdiction is guilty of a misdemeanor and shall be:
(a) Fined not less than Four Hundred Dollars ($400.00) nor more than One Thousand Dollars ($1,000.00);
(b) Either:
(i) Imprisoned for no fewer than seven (7) days and no more than one (1) year; or
(ii) Ordered to complete no fewer than thirty (30) days of community service; and
(iii) Both:
1. Ordered to receive a psychiatric or psychological evaluation; and
2. If determined appropriate, ordered to receive psychiatric or psychological counseling or treatment for a length of time prescribed by the court.
(c) The cost of any psychiatric or psychological evaluation, counseling, or treatment may be ordered paid by the person up to the jurisdictional limit of the court.
(5) Any person convicted of the offense of cruelty to animals for a third offense occurring within five (5) years of a previous offense of cruelty to animals or of any other equivalent penal offense of another state or foreign jurisdiction is guilty of a misdemeanor and shall be:
(a) Fined not less than Nine Hundred Dollars ($900.00) nor more than One Thousand Dollars ($1,000.00); and
(b) Either:
(i) Imprisoned for no fewer than ninety (90) days and no more than one (1) year; or
(ii) Ordered to receive a psychiatric or psychological evaluation; and
(iii) If determined appropriate, ordered to receive psychiatric or psychological counseling or treatment for a length of time prescribed by the court.
(c) The cost of any psychiatric or psychological evaluation, counseling, or treatment may be ordered paid by the person.
(6) (a) For the sole purpose of calculating the number of previous offenses under this section, all offenses that are committed against one or more animals and as part of the same criminal episode are a single offense.
(b) As used in this section, "criminal episode" means an act that constitutes the offense of cruelty to animals that is committed by a person against one or more animals within a period of twenty-four (24) hours.
SECTION 5. Section 97-41-16, Mississippi Code of 1972, is amended as follows:
97-41-16. (1) A person commits the offense of malicious cruelty to a dog or cat if he or she knowingly tortures any dog or cat.
(2) A person convicted of malicious cruelty to a dog or cat shall be guilty of a felony and:
(a) Punished by a fine of not more than Five Thousand Dollars ($5,000.00), imprisonment in the custody of the Department of Corrections not to exceed five (5) years, or both;
(b) Ordered to perform up to four hundred (400) hours of community service; and
(c) Both:
(i) Ordered to receive a psychiatric or psychological evaluation; and
(ii) If determined appropriate, ordered to receive psychiatric or psychological counseling or treatment for a length of time prescribed by the court; and
(d) Ordered to make restitution 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, special supplies, loss of income and other cost incurred as a result of actions in violation of this section.
(3) A person convicted of malicious cruelty to a dog or cat for a subsequent offense occurring within five (5) years from a previous offense of malicious cruelty to a dog or cat, or of any other equivalent penal offense of another state or foreign jurisdiction is guilty of a felony and shall be:
(a) Punished by a fine of not more than Ten Thousand Dollars ($10,000.00), imprisoned in the custody of the Department of Corrections not to exceed ten (10) years, or both;
(b) Ordered to receive a psychiatric or psychological evaluation; and
(c) If determined appropriate, ordered to receive psychiatric or psychological counseling or treatment for a length of time prescribed by the court.
(4) The cost of any psychiatric or psychological evaluation, counseling, or treatment ordered under this section shall be paid by the person ordered to receive the psychiatric or psychological evaluation, counseling, or treatment.
(5) For purposes of this section, each alleged act of the offense of malicious cruelty to a dog or cat committed against more than one (1) dog or cat may constitute a separate offense.
(6) (a) For the sole purpose of calculating the number of previous offenses under this section, all offenses of malicious cruelty to a dog or cat that are committed against one (1) or more dogs or cats, as part of the same criminal episode are a single offense.
(b) As used in this section, "criminal episode" means an act that constitutes the offense of malicious cruelty to a dog or cat, committed by a person against one (1) or more dogs or cats within a period of twenty-four (24) hours.
SECTION 6. Section 97-41-19, Mississippi Code of 1972, is amended as follows:
97-41-19. (1) If any person (a) shall sponsor, promote, stage or conduct a fight or fighting match between animals, or (b) shall wager or bet, promote or encourage the wagering or betting of any money or other valuable thing upon any such fight or upon the result thereof, or (c) shall own an animal with the intent to willfully enter it or to participate in any such fight, or (d) shall train or transport an animal for the purposes of participation in any such fight, he shall be guilty of a felony and, upon conviction, 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 three (3) years, or by both such fine and imprisonment, in the discretion of the court.
(2) If any person shall be present, as a spectator, at any location where preparations are being made for an exhibition of a fight between animals with the intent to be present at such preparations, or if any person shall be present at an exhibition of a fight between animals with the intent to be present at such exhibition, he shall be 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 animals and all paraphernalia, implements, equipment or other property 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 shall thereupon deliver the property to such court which shall, by order in writing, place such animals, paraphernalia, implements, equipment, or other property in the custody of a licensed veterinarian, the local humane society or other animal welfare agency, or other suitable custodian, to be kept by such custodian until the conviction or final discharge of the accused, and shall send a copy of such order without delay to the district attorney of the county. The custodian named and designated in such order shall immediately assume the custody of such property and shall retain same, subject to order of the court.
Upon the certification of a licensed veterinarian or officer of the humane society or animal welfare agency that, in his professional judgment, an animal which has been seized is not likely to survive the final disposition of the charges or that, by reason of the physical condition of the animal, it should be humanely euthanized before such time, the court may order the animal humanely euthanized. The court shall make its finding of whether to issue such an order within seven (7) days from the certification by the veterinarian or officer of the humane society or animal welfare agency. The owner of an animal which is euthanized without an order of the court with such certification of a licensed veterinarian or officer of the humane society or other animal welfare agency shall have a right of action for damages against the department or agency by which the arresting or seizing officer is employed. Upon conviction of the person charged with a violation of subsection (1) of this section, all animals seized shall be adjudged by the court to be forfeited and the court shall order a humane disposition of the same. In no event shall the court order the animal to be euthanized without the certification of a licensed veterinarian or officer of the humane society or other animal welfare agency that, in his judgment, the animal is not likely to survive or that, by reason of its physical condition, the animal should be humanely euthanized. In the event of the acquittal or final discharge without conviction of the accused, the court shall direct the delivery of the property so held in custody to the owner thereof. All reasonable expenses incurred by the custodian of seized animals and property shall be charged as costs of court, to be taxed against the owner or county in the discretion of the court.
(4) Nothing in subsection (1) of this section shall prohibit any of the following:
(a) The use of animals in the management of livestock, by the owner of such livestock or other persons in lawful custody thereof;
(b) The use of animals in lawful hunting; and
(c) The training of animals for any purpose not prohibited by law.
(5) As used in this section, "animal fighting" means fighting between roosters or other birds or between dogs, bears, hogs or other animals.
SECTION 7. For purposes of Title 97, Chapter 41, Mississippi Code of 1972, the following definitions apply:
(a) "Abandon" means to desert, surrender, forsake or give up absolutely.
(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 activity" 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) "Equine" means a horse, pony, mule, donkey or hinny.
(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;
(iii) 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) "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.
(l) "Humanely killing" means the killing of an animal in a swift manner intended to limit the pain or suffering of the animal.
(m) "Law enforcement officer" means any public servant vested by law with a duty to maintain public order or to make an arrest for an offense.
(n) "Licensed veterinarian" means a veterinarian licensed to engage in the practice of veterinary medicine in Mississippi in accordance with applicable Mississippi laws.
(o) "Livestock" means a horse, mule, bovine animal, goat, sheep, swine, chicken, duck, or similar animal or fowl commonly raised or used for farm purposes.
(p) "Local law enforcement agency" means the police force of a municipality, the office of the county sheriff or the state police.
(q) "Owner" means any person who has a right of property or title in an animal; keeps or harbors an animal; has an animal in his, her, or its care; acts as an animal's custodian; or knowingly permits an animal to remain on or about any premises occupied by him or her or it.
(r) "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.
(s) "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.
(t) "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 (t).
(u) "Torture" means the knowing commission of physical injury to a dog or cat by the infliction of inhumane treatment or gross physical abuse, causing the dog or cat intensive or prolonged pain, serious physical injury, or thereby causing death; or mutilating, maiming, burning, poisoning, drowning, or starving a dog or cat.
SECTION 8. (1) This chapter does not prohibit any of the following activities:
(a) Reasonably acting to protect a person or a person's property from damage;
(c) Injuring or humanely killing an animal on the property of a person if the person is acting as a reasonable person would act under similar circumstances and if the 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) Engaging in practices lawful under the Mississippi Veterinary Medical Practice Act, Section 73-39-51 et seq., or engaging in activities by or at the direction of any licensed veterinarian while following accepted standards of practice of the profession, including the euthanizing of an animal;
(d) Rendering emergency care, treatment, or assistance to any abandoned, ill, or injured animal in distress, including humanely killing an animal if there appears to be no reasonable probability that the life or usefulness of the animal can be saved, if the person rendering the emergency care, treatment, or assistance is:
(i) Acting in good faith;
(ii) Not receiving compensation; and
(iii) Acting as a reasonable person would act under similar circumstances;
(e) Performing generally accepted animal husbandry practices;
(f) Performing professional pest control activities in a lawful manner;
(g) Performing generally accepted training for or participating in a rodeo, equine activity, or competitive activity;
(h) Engaging in generally accepted practices of animal identification;
(i) Engaging in activities regulated by the Mississippi Department of Wildlife, Fisheries and Parks;
(j) Conducting 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;
(k) Applying generally accepted methods used to train dogs engaged in hunting, field trials, service work, obedience training, or any similar activities authorized by the Mississippi Department of Wildlife, Fisheries and Parks.
(2) In addition to the exemptions in subsection (1) of this section, this chapter does not prohibit a person from engaging in or performing conduct that is otherwise permitted under the laws of this state or of the United States, including, without limitation, agricultural activities, butchering, food processing, marketing, medical activities, zoological activities, or exhibitions.
(3) An owner of an animal or person in control of an animal is not guilty of either the offense of cruelty to animals or the offense of malicious cruelty to a dog or cat if the owner of the animal or the person in control of the animal was reasonably precluded as the result of an act of God or emergency conditions from engaging in an act or omission that might prevent an allegation of the offense of cruelty to animals or the offense of malicious cruelty to a dog or cat.
SECTION 9. (1) A licensed veterinarian or a person acting at the direction of a licensed veterinarian in Mississippi is:
(a) Held harmless from either criminal or civil liability for any decision made or service rendered in conjunction with this chapter; and
(b) Immune from suit for his or her part in an investigation of cruelty to animals.
(2) A veterinarian or person acting at the direction of a licensed veterinarian who participates or reports in bad faith or with malice is not protected under this section.
SECTION 10. (1) Any person may lawfully interfere to prevent the imminent or ongoing perpetration of any offense of cruelty to animals or malicious cruelty to a dog or cat upon any animal in his or her presence. A person who in good faith reports a suspected incident of cruelty to animals or malicious cruelty to a dog or cat to a local humane society, local law enforcement agency or to the Mississippi Department of Public Safety is immune from civil and criminal liability for reporting the incident.
(2) Upon a conviction, a person who knowingly interferes with or obstructs a person acting under subsection (1) of this section is guilty of a misdemeanor and shall be fined not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00), or shall be imprisoned in the county jail not less than ten (10) days nor more than one hundred (100) days, or both.
SECTION 11. A search warrant related to an investigation under this chapter may be:
(a) Issued by a judge or magistrate if he or she has reasonable cause to believe that the search will discover persons or things specified in the application and subject to seizure; and
(b) Executed by any law enforcement officer.
SECTION 12. Any law enforcement officer may make an arrest and bring before a court or magistrate having jurisdiction any person alleged to have violated this chapter.
SECTION 13. Section 97-41-3, Mississippi Code of 1972, which authorizes the killing of an injured or useless animal under certain circumstances, is repealed.
SECTION 14. Section 97-41-5, Mississippi Code of 1972, which prohibits carrying an animal in a cruel manner, is repealed.
SECTION 15. Section 97-41-7, Mississippi Code of 1972, which prohibits confining an animal without food or water, is repealed.
SECTION 16. Section 97-41-9, Mississippi Code of 1972, which prohibits failure to feed or sustain an animal, is repealed.
SECTION 17. Section 97-41-11, Mississippi Code of 1972, which prohibits sponsorship of fighting cocks and bears, is repealed.
SECTION 18. Section 97-41-13, Mississippi Code of 1972, which prescribes penalties of certain violations of the chapter, is repealed.
SECTION 19. Section 97-41-18, Mississippi Code of 1972, which prohibits hog and canine fighting events, is repealed.
SECTION 20. This act shall take effect and be in force from and after July 1, 2010.