House Bill 1535

AN ACT TO AMEND SECTION 97-41-3, MISSISSIPPI CODE OF 1972, TO PROHIBIT EUTHANASIA OF A DOG OR CAT IN A CARBON MONOXIDE CHAMBER; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 97-41-3, Mississippi Code of 1972, is amended as follows:

97-41-3. (1) Any sheriff, constable, policeman, or agent of a society for the prevention of cruelty to animals may kill, or cause to be killed, any animal other than a dog or cat found neglected or abandoned, if in the opinion of three (3) respectable citizens it is injured or diseased past recovery, or by age has become useless.

(2) (a) After all reasonable attempts have been made to locate the legal owner of a dog or cat that is found maimed, wounded, injured or diseased, the dog or cat may be euthanized, or caused to be euthanized, by:

(i) A law enforcement officer;

(ii) A veterinarian licensed in Mississippi;

(iii) An employee of an agency or department of a political subdivision that is charged with the control or welfare of dogs or cats within the subdivision; or

(iv) An employee or agent of an organization that has the purpose of protecting the welfare of or preventing cruelty to dogs or cats and that possesses nonprofit status under the United States Internal Revenue Code.

(b) The provisions of this subsection (2) shall not be construed to prevent the immediate euthanasia by the persons enumerated in this subsection or by any other person, if it is necessary to prevent unrelievable suffering of the dog or cat.

(3) Any person acting in good faith and without malice pursuant to this section shall be immune from civil and criminal liability for that action.

(4) Euthanasia of a dog or cat by utilizing a carbon monoxide chamber is prohibited. Any person who intentionally and maliciously violates the provisions of this subsection shall, upon conviction, be guilty of a misdemeanor.

SECTION 2. This act shall take effect and be in force from and after July 1, 2013.