STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

SENATE BILL 885	By:	Brinkley

AS INTRODUCED

An Act relating to crimes against animals; amending 21 O.S. 2012, Sections 649.1 and 649.2, which relate to certain prohibited acts against a police dog or a police horse; modifying certain prohibited acts; modifying certain penalties; providing certain exceptions; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     21 O.S. 2011, Section 649.1, is amended to read as follows:
Section 649.1.  A.  No person shall willfully torture strike, torment, beat, mutilate, injure, disable, administer a nonpoisonous desensitizing substance or otherwise mistreat a police dog or police horse owned, or the service of which is employed, by a law enforcement agency of the state or political subdivision of the state.
B.  No person shall willfully interfere with the lawful performance of any police dog or police horse.
C.  Except as provided in subsection D of this section, any person convicted of violating any of the provisions of this section shall be guilty of a misdemeanor, punishable by the imposition of a fine not exceeding Five Hundred Dollars ($500.00), or by imprisonment in the county jail not exceeding one (1) year, or by both such fine and imprisonment.
D.  Any person who knowingly and willfully and without lawful cause or justification violates the provisions of this section, during the commission of a misdemeanor or felony, shall be guilty of a felony, punishable by the imposition of a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the State Penitentiary custody of the Department of Corrections not exceeding two (2) years, or by both such fine and imprisonment.
SECTION 2.     AMENDATORY     21 O.S. 2011, Section 649.2, is amended to read as follows:
Section 649.2.  A.  No person shall willfully kill, beat, torture, injure so as to disfigure or disable, administer poison to, set a booby trap device for the purpose of injury so as to disfigure, disable or kill, or pay or agree to pay bounty for purposes of injury so as to disfigure, disable or kill any police dog or police horse owned, or the service of which is employed, by a law enforcement agency of the state or a political subdivision of the state.
B.  Except as provided in subsection C of this section, any person convicted of violating the provisions of this section is guilty of a misdemeanor punishable by the imposition of a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the county jail not exceeding one (1) year, or by both such fine and imprisonment.
C.  Any person who knowingly and willfully and without lawful cause or justification violates the provisions of this section, during the commission of a misdemeanor or felony, is convicted of violating the provisions of this section shall be guilty of a felony, punishable by the imposition of a fine not exceeding One Thousand Dollars ($1,000.00) Seven Thousand Five Hundred Dollars ($7,500.00), or by imprisonment in the State Penitentiary custody of the Department of Corrections not exceeding two (2) five (5) years, or by both such fine and imprisonment.
C.  The provisions of this section shall not apply to a peace officer or veterinarian who terminates the life of a police dog or a police horse for the purpose of relieving the dog or horse of undue pain or suffering.
SECTION 3.  This act shall become effective November 1, 2013.

54-1-1168	LKS	1/17/2013 3:16:09 PM