Bill Text: MS HB943 | 2010 | Regular Session | Introduced

Mississippi House Bill 943 (Prior Session Legislation)

Introduced

Bill Title: Crimes; clarify criminal offense of cruelty to dogs or cats.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2010-02-02 - Died In Committee [HB943 Detail]

Download: Mississippi-2010-HB943-Introduced.html

MISSISSIPPI LEGISLATURE

2010 Regular Session

To: Agriculture; Judiciary B

By: Representative Bennett

House Bill 943

AN ACT TO AMEND SECTION 97-41-16, MISSISSIPPI CODE OF 1972, TO CLARIFY THE CRIMINAL OFFENSE OF MALICIOUS OR MISCHIEVOUS INJURY TO A DOG OR CAT; TO PROVIDE THAT CERTAIN ACTIVITIES WILL NOT CONSTITUTE THE CRIMINAL OFFENSE; TO AMEND SECTIONS 97-41-1, 97-41-5, 97-41-7 AND 97-41-9, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 97-41-16, Mississippi Code of 1972, is amended as follows:

97-41-16. (1) (a) If any person, knowingly or with criminal negligence, shall torture, torment, unjustifiably injure, deprive of necessary sustenance including food or drink, cruelly beat or mutilate any dog or cat, or cause any other person to do same, he shall be guilty of a misdemeanor, and upon conviction, shall be fined not more than One Thousand Dollars ($1,000.00) or be imprisoned by no less than six (6) months, or both.

(b) If any person, maliciously, either out of a spirit of revenge or wanton cruelty, or who shall mischievously torture, mutilate, starve, disfigure, burn, kill, maim or wound, or unjustifiably injure any dog or cat, or cause any person to do the same, he shall be guilty of a felony, and upon conviction, shall be fined not less than One Thousand Five Hundred Dollars ($1,500.00), nor more than Ten Thousand Dollars ($10,000.00) or be imprisoned not less than twelve (12) months nor more than five (5) years, or both.

For purposes of this section, each incident of cruelty and each dog or cat injured or killed shall constitute the basis for a separate offense.

(2) In addition to such fine or imprisonment which may be imposed, the court shall order that restitution be made 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 subsection (1) of this section.

(3) Nothing in this section shall be construed to prohibit: (a) A person from injuring or killing a dog or cat reasonably believed to constitute a threat of injury or death to humans, livestock, poultry or other domestic or lawfully kept animals.

(b) The following legal activities and practices conducted in accordance with the state and federal law:

(i) The practice of veterinary medicine;

(ii) Hunting or trapping of wildlife with dogs;

(iii) Scientific or medical research and teaching, as governed by the Federal Animal Welfare Act or recommended by the American Veterinary Medical Association;

(iv) Agricultural practices, including herding of domestic animals with dogs;

(v) Equine, livestock, rodeo and other animal handling activities using dogs; and

(vi) Euthanizing a dog under Section 97-41-19 or euthanizing a dog or cat under Section 97-41-3.

SECTION 2. Section 97-41-1, Mississippi Code of 1972, is amended as follows:

97-41-1. Except as otherwise provided for a dog or cat under Section 97-41-16, if any person shall override, overdrive, overload, torture, torment, unjustifiably injure, deprive of necessary sustenance, food, or drink; or cruelly beat or needlessly mutilate; or cause or procure to be overridden, overdriven, overloaded, tortured, unjustifiably injured, tormented, or deprived of necessary sustenance, food or drink; or to be cruelly beaten or needlessly mutilated or killed, any living creature, every such offender shall, for every offense, be guilty of a misdemeanor.

SECTION 3. Section 97-41-5, Mississippi Code of 1972, is amended as follows:

97-41-5. Except as otherwise provided for a dog or cat under Section 97-41-16, if any person shall carry, or cause to be carried by hand or in or upon any vehicle or other conveyance, any creature in a cruel or inhuman manner, he shall be guilty of a misdemeanor.

SECTION 4. Section 97-41-7, Mississippi Code of 1972, is amended as follows:

97-41-7. Except as otherwise provided for a dog or cat under Section 97-41-16, if any person shall confine, or cause to be confined, in any stable, lot, or other place, any living creature, without supplying the same during such confinement with a sufficient quantity of good and wholesome food and water, he shall be guilty of a misdemeanor.

SECTION 5. Section 97-41-9, Mississippi Code of 1972, is amended as follows:

97-41-9. Except as otherwise provided for a dog or cat under Section 97-41-16, if any person be the owner or have the custody of any living creature and unjustifiably neglect or refuse to furnish it necessary sustenance, food, or drink, he shall be guilty of a misdemeanor.

SECTION 6. This act shall take effect and be in force from and after July 1, 2010.