MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Judiciary, Division B
By: Senator(s) England
AN ACT TO AMEND SECTION 97-41-23, MISSISSIPPI CODE OF 1972, TO INCREASE THE PENALTIES FOR HARMING PUBLIC SERVICE ANIMALS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-41-23, Mississippi Code of 1972, is amended as follows:
97-41-23. (1) It is
unlawful for any person to willfully and maliciously taunt, torment, tease,
beat, strike, or to administer, expose or inject any desensitizing drugs, chemicals
or substance to any public service animal. Any person who violates this section
is guilty of a misdemeanor, and upon conviction thereof shall be fined not more
than * * * Five Hundred Dollars ($500.00) and be imprisoned
not more than * * *
sixty (60) days, or both.
(2) Any person who, without
just cause, purposely kills or injures any public service animal is guilty of a
felony and upon conviction shall be fined not more than Five Thousand Dollars
($5,000.00) and be imprisoned not more than * * * fifteen (15) years, or both.
(3) For purposes of this section, the term "public service animal" means any animal trained and used to assist a law enforcement agency, public safety entity or search and rescue agency.
(4) A conviction and imposition of a sentence under this section does not prevent a conviction and imposition of a sentence under Section 97-41-16 pertaining to the offenses of simple or aggravated cruelty to a dog or cat, or under any other applicable provision of law.
(5) Any person guilty of violating subsection (2) of this section shall also be required to make restitution to the law enforcement agency or owner aggrieved thereby.
(6) The provisions of this section shall not apply to the lawful practice of veterinary medicine.
SECTION 2. This act shall take effect and be in force from and after July 1, 2023.