Bill Text: MS SB2780 | 2011 | Regular Session | Introduced
Bill Title: Aggravated animal cruelty; first offense a felony.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2011-02-01 - Died In Committee [SB2780 Detail]
Download: Mississippi-2011-SB2780-Introduced.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Judiciary, Division B
By: Senator(s) Wilemon
Senate Bill 2780
AN ACT TO AMEND SECTION 97-41-1, MISSISSIPPI CODE OF 1972, TO REVISE THE CRIME OF CRUELTY TO ANIMALS, TO DISTINGUISH BETWEEN MISDEMEANOR AND FELONY OFFENSES OF THE CRIME, TO INCORPORATE ELEMENTS OF OFFENSES FOUND ELSEWHERE IN TITLE 97, CHAPTER 41, MISSISSIPPI CODE OF 1972; TO AMEND SECTION 97-41-2, MISSISSIPPI CODE OF 1972, TO REVISE THE AUTHORITY TO SEIZE MALTREATED, NEGLECTED, OR ABANDONED ANIMALS; TO AMEND SECTION 97-41-3, MISSISSIPPI CODE OF 1972, TO REVISE THE PROCESS BY WHICH AN ANIMAL MAY BE LAWFULLY DESTROYED; TO PROVIDE EXEMPTIONS FROM THE APPLICATION OF THE CHAPTER; TO REPEAL SECTION 97-41-5, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THAT CARRYING ANY CREATURE IN A CRUEL AND INHUMANE MANNER IS A MISDEMEANOR; TO REPEAL SECTION 97-41-7, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THAT CONFINING ANY LIVING CREATURE WITHOUT SUFFICIENT FOOD AND WATER IS A MISDEMEANOR; TO REPEAL SECTION 97-41-9, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THAT A CUSTODIAN OF ANY LIVING CREATURE WHO FAILS TO PROVIDE SUFFICIENT FOOD AND DRINK IS GUILTY OF A MISDEMEANOR; TO REPEAL SECTION 97-41-13, MISSISSIPPI CODE OF 1972, WHICH PROVIDES PENALTIES FOR CERTAIN ACTS OF CRUELTY TO ANIMALS; 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) A person shall be guilty of simple animal cruelty who knowingly and intentionally:
(i) Abandons a dog or cat at a location without providing for food and water for the dog or cat;
(ii) Deprives any dog or cat in his or her custody of food or water;
(iii) Subjects a dog or cat to physical injury causing unjustifiable suffering or death;
(iv) Kills or injures any animal belonging to another without legal privilege or consent of the owner; or
(v) Causes an act listed in item (i) through (iv) of this paragraph (a) to be done.
(b) (i) A first conviction of simple animal cruelty shall be a misdemeanor punishable by a fine of not more than One Thousand Dollars ($1,000.00), imprisonment not to exceed six (6) months, or both.
(ii) A second conviction of simple animal cruelty shall be a misdemeanor punishable by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00), imprisonment not less than one (1) month nor more than six (6) months, or both.
(2) (a) A person shall be guilty of aggravated animal cruelty who knowingly and intentionally tortures, mutilates, or burns any dog or cat, or causes any person to do the same.
(b) For purposes of this chapter, the following definitions apply:
(i) "Torture" is the act of doing physical injury or causing death by the infliction of gross physical injury meant for no reason other than to cause intense or prolonged pain to the dog or cat.
(ii) "Mutilate" is to seriously injure a dog or cat by irreparably damaging the body parts of the dog or cat or to render useless any part of the body of the dog or cat. "Mutilate" does not include canine castration, tail docking, ear cropping, dewclaw removal, and debarking, nor feline castration and declawing.
(c) A first conviction of aggravated animal cruelty shall be a misdemeanor punishable by a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) and imprisonment of not less three (3) months nor more than one (1) year.
(d) A second conviction of aggravated animal cruelty shall be a felony punishable by a fine of not less than Two Thousand Dollars ($2,000.00) and imprisonment of not less than two (2) years.
(3) For any conviction under this section, the court may order restitution to the dog's or cat's owner as well as to the temporary custodian appointed by the court pursuant to Section 97-41-2 for the costs of board, professional fees, equipment, medicine, supplies, rehabilitation and other costs related to the care of the dog or cat. The measure for restitution in money to an owner shall include current replacement value of the loss of the dog or cat and the actual veterinarian fees, special supplies, loss of income and other costs incurred as a result of actions in violation of this section.
(4) A person convicted under this section, in addition to any other punishment that may be imposed, may be ordered to perform community service, to participate in professional counseling, or both.
(5) A person convicted under this section, in the discretion of the sentencing court, may be prohibited from possessing dogs and cats as a condition of any probationary or parole term imposed.
(6) For purposes of this section:
(a) Each incident or act of cruelty to a dog or cat, and each dog or cat that is treated cruelly, shall constitute the basis for a separate offense;
(b) A conviction and imposition of a sentence under this section does not prevent a conviction; and
(c) Imposition of a sentence under any other applicable provision of law relating to animal cruelty crimes.
SECTION 2. Section 97-41-2, Mississippi Code of 1972, is amended as follows:
97-41-2. (1) All courts in the State of Mississippi may order the seizure of an animal by a law enforcement agency, for its care and protection upon a * * * determination that probable cause * * * exists that a crime under this chapter has been or is being committed. Such probable cause may be established upon sworn testimony of any person who has personally witnessed * * * such crime. The court may appoint an animal control agency, agent of an animal shelter or rescue organization, veterinarian or other person as temporary custodian for the said animal, pending final disposition of the animal pursuant to this section. Such temporary custodian shall directly contract and be responsible for any care rendered to such animal, and may make arrangements for such care as may be necessary. Upon seizure of an animal, the law enforcement agency responsible for removal of the animal shall serve notice upon the owner of the animal, if possible, and shall also post prominently a notice to the owner or custodian to inform such person that the animal has been seized. Such process and notice shall contain a description of the animal seized, the date seized, the name of the law enforcement agency seizing the animal, the name of the temporary custodian, if known at the time, and shall include a copy of the order of the court authorizing the seizure.
(2) Within five (5) days of seizure of an animal, the owner of the animal may request a hearing in the court ordering the animal to be seized to determine whether the owner is able to provide adequately for the animal and is fit to have custody of the animal until court proceedings are concluded. The court shall hold such hearing within fourteen (14) days of receiving such request. The hearing shall be concluded and the court order entered thereon within twenty-one (21) days after the hearing is commenced. * * *
(3) In determining the owner's fitness to have custody of an animal, the court may consider, among other matters:
(a) Testimony from law enforcement officers, animal control officers, animal protection officials, and other witnesses as to the condition the animal was kept in by its owner or custodian.
(b) Testimony and evidence as to the type and amount of care provided to the animal by its owner or custodian.
(c) Expert testimony as to the proper and reasonable care of the same type of animal.
(d) Testimony from any witnesses as to prior treatment or condition of this or other animals in the same custody.
(e) Violations of laws relating to animal cruelty that the owner or custodian has been convicted of prior to the hearing.
(f) Any other evidence the court considers to be material or relevant.
(4) If a defendant is found guilty of a violation of this chapter, and upon proof of costs incurred as a result of the animal's seizure, including, but not limited to, animal medical and boarding, the court may order that the animal's owner reimburse the temporary custodian for such costs. A lien for authorized expenses is hereby created upon all animals seized under this section, and shall have priority to any other lien on such animal.
(5) If the court finds the owner of the animal * * * guilty of a violation of this chapter, the court may order that the animal be permanently forfeited and released to an animal control agency, animal protection organization or to the appropriate entity to be euthanized or the court may order that such animal be sold at public sale in the manner now provided for judicial sales; any proceeds from such sale shall go first toward the payment of expenses and costs relating to the care and treatment of such animal, and any excess amount shall be paid to the owner of the animal.
(6) If the court finds the owner of the animal guilty of a violation of this chapter, * * * the court may order that other animals in the custody of the owner that were not seized be surrendered and further enjoin the owner from having custody of other animals in the future as a condition of any probationary or parole term imposed.
(7) If the court determines the owner is able to provide adequately for, and have custody of, the animal, until court proceedings are concluded or the court finds the owner innocent of a violation of this chapter, the court shall order the animal be claimed and removed by the owner within seven (7) days after the date of the order.
(8) Nothing in this section shall be construed to prevent or otherwise interfere with a law enforcement officer's authority to seize an animal as evidence or require court action for the taking into custody and making proper disposition of animals as authorized in Sections 21-19-9 and 41-53-11.
(9) For the purposes of this section, the term "animal" or "animals" means any feline, exotic animal, canine, horse, mule, jack or jennet.
SECTION 3. Section 97-41-3, Mississippi Code of 1972, is amended as follows:
97-41-3. Any * * * law enforcement officer or veterinarian may kill, or cause to be killed, in a humane manner, any animal found neglected, injured or abandoned, * * * after all reasonable attempts have been made to locate the animal's legal owner. This section shall not be construed to prevent immediate euthanasia by such persons if it is necessary to prevent unrelievable suffering of the animal. A method of killing approved by the most recent American Veterinary Medical Association Guidelines on Euthanasia in effect at the time shall be presumed to be humane.
SECTION 4. Nothing in this chapter 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 damage to himself or another, or to property, livestock or poultry.
(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 and the training methods for dogs to be used for such activities;
(iii) Scientific research and teaching or medical treatment, research and teaching, as governed by the Federal Animal Welfare Act or recommended by the American Veterinary Medical Association;
(iv) Agricultural and animal husbandry practices, including herding of domestic animals with dogs and slaughter of livestock and poultry;
(v) Equine, livestock, rodeo, field trials, obedience and agility trials, dog shows, cat shows, and other animal handling activities using dogs and cats;
(vi) Accepted pest control practices; and
(vii) Engaging in conduct or performing activities otherwise permitted under state or federal law.
SECTION 5. Section 97-41-5, Mississippi Code of 1972, which provides that carrying any creature in a cruel or inhumane manner is a misdemeanor, is repealed.
SECTION 6. Section 97-41-7, Mississippi Code of 1972, which provides that confining any living creature without sufficient food and water is a misdemeanor, is repealed.
SECTION 7. Section 97-41-9, Mississippi Code of 1972, which provides that a custodian of any living creature who fails to provide sufficient food and drink is guilty of a misdemeanor, is repealed.
SECTION 8. Section 97-41-13, Mississippi Code of 1972, which provides penalties for certain acts of cruelty to animals, is repealed.
SECTION 9. Section 4 of this act shall be codified within Title 97, Chapter 41, Mississippi Code of 1972.
SECTION 10. This act shall take effect and be in force from and after July 1, 2011.
