Bill Text: OR SB6 | 2013 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to animals; and declaring an emergency.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2013-08-08 - Effective date, August 1, 2013. [SB6 Detail]

Download: Oregon-2013-SB6-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3361

                          Senate Bill 6

Sponsored by Senators COURTNEY, PROZANSKI

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Increases punishment for animal neglect in first degree to
maximum of five years' imprisonment, $125,000 fine, or both, and,
for repeat animal neglect offenders or animal neglect offenses
involving 10 or more animals, to maximum of 10 years'
imprisonment, $250,000 fine, or both. Increases punishment for
animal neglect in second degree to maximum of one year's
imprisonment, $6,250 fine, or both, and, for repeat animal
neglect offenders or animal neglect offenses involving 10 or more
animals, to maximum of five years' imprisonment, $125,000 fine,
or both.  Expands types of animals that persons convicted of
specified offenses against animals are prohibited from
possessing.
  Modifies animal impoundment process and process by which liens
for care of animals may be foreclosed upon to minimize periods
during which animals are impounded.
  Requires animal rescue entities to obtain licenses, maintain
specified records and permit inspections by enforcing agencies.
Establishes civil penalties for licensure, recordkeeping or
operations violations.

                        A BILL FOR AN ACT
Relating to animals; creating new provisions; and amending ORS
  87.159, 167.320, 167.322, 167.325, 167.330, 167.332 and
  167.347.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + The Legislative Assembly finds and declares
that:
  (1) Animals are sentient beings capable of experiencing pain,
stress and fear;
  (2) Animals should be cared for in ways that minimize pain,
stress, fear and suffering;
  (3) The suffering of animals can be mitigated by expediting the
disposition of abused animals that would otherwise languish in
cages while their defendant owners await trial;
  (4) The State of Oregon has an interest in facilitating the
mitigation of costs of care incurred by persons and government
agencies that provide treatment for impounded animals;
  (5) Use of preconviction civil remedies is not an affront to
the presumption of innocence; and
  (6) Amendments to current law are needed to ensure that
interested parties are afforded adequate notice and an
opportunity to be heard and thus cannot unduly delay or impede
animal lien foreclosure and preconviction forfeiture processes
through unfounded due process claims. + }
  SECTION 2. ORS 167.320 is amended to read:
  167.320. (1) A person commits the crime of animal abuse in the
first degree if, except as otherwise authorized by law, the
person intentionally, knowingly or recklessly:
  (a) Causes serious physical injury to an animal; or
  (b) Cruelly causes the death of an animal.
  (2) Any practice of good animal husbandry is not a violation of
this section.
  (3) Animal abuse in the first degree is a Class A misdemeanor.
  (4) Notwithstanding subsection (3) of this section, animal
abuse in the first degree is a Class C felony if:
  (a) The person committing the animal abuse has previously been
convicted of   { - two - }  { +  one + } or more of the following
offenses:
  (A) Any offense under ORS 163.160, 163.165, 163.175, 163.185 or
163.187 or the equivalent laws of another jurisdiction, if the
offense involved domestic violence as defined in ORS 135.230 or
the offense was committed against a minor child; or
  (B) Any offense under this section or ORS 167.322, or the
equivalent laws of another jurisdiction; or
  (b) The person knowingly commits the animal abuse in the
immediate presence of a minor child. For purposes of this
paragraph, a minor child is in the immediate presence of animal
abuse if the abuse is seen or directly perceived in any other
manner by the minor child.
   { +  (5) When animal abuse in the first degree is a felony,
the Oregon Criminal Justice Commission shall classify the offense
as crime category 6 of the sentencing guidelines grid. + }
  SECTION 3. ORS 167.322 is amended to read:
  167.322. (1) A person commits the crime of aggravated animal
abuse in the first degree if the person:
  (a) Maliciously kills an animal; or
  (b) Intentionally or knowingly tortures an animal.
  (2) Aggravated animal abuse in the first degree is a Class C
felony { +  and the Oregon Criminal Justice Commission shall
classify the offense as crime category 7 of the sentencing
guidelines grid + }.
  (3) As used in this section:
  (a) 'Maliciously' means intentionally acting with a depravity
of mind and reckless and wanton disregard of life.
  (b) 'Torture' means an action taken for the primary purpose of
inflicting pain.
  SECTION 4. ORS 167.325 is amended to read:
  167.325. (1) A person commits the crime of animal neglect in
the second degree if, except as otherwise authorized by law, the
person intentionally, knowingly, recklessly or with criminal
negligence fails to provide minimum care for an animal in such
person's custody or control.
  (2) Animal neglect in the second degree is a Class   { - B - }
 { +  A + } misdemeanor.
   { +  (3) Notwithstanding subsection (2) of this section,
animal neglect in the second degree is a Class C felony if:
  (a) The person committing the offense has previously been
convicted of one or more offenses under this section, ORS 167.330
or the equivalent laws of another jurisdiction;
  (b) The offense was part of a criminal episode involving 10 or
more animals; or
  (c) The person knowingly commits the offense in the immediate
presence of a minor child. For purposes of this paragraph, a
minor child is in the immediate presence of animal neglect if the
neglect is seen or directly perceived in any other manner by the
minor child.

  (4) When animal neglect in the second degree is a felony, the
Oregon Criminal Justice Commission shall classify the offense as
crime category 6 if 10 to 40 animals were the subject of the
neglect, crime category 7 if 41 to 80 animals were the subject of
the neglect and crime category 8 if 81 or more animals were the
subject of the neglect. Nothing in this subsection is intended to
limit or prohibit the prosecution of animal neglect for each
individual animal. + }
  SECTION 5. ORS 167.330 is amended to read:
  167.330. (1) A person commits the crime of animal neglect in
the first degree if, except as otherwise authorized by law, the
person intentionally, knowingly, recklessly or with criminal
negligence fails to provide minimum care for an animal in the
person's custody or control and the failure to provide care
results in serious physical injury or death to the animal.
  (2) Animal neglect in the first degree is a   { - Class A
misdemeanor - }  { +  Class C felony + }.
   { +  (3) Notwithstanding subsection (2) of this section,
animal neglect in the first degree is a Class B felony if:
  (a) The person committing the offense has previously been
convicted of one or more offenses under this section, ORS 167.325
or the equivalent laws of another jurisdiction;
  (b) The offense was part of a criminal episode involving 10 or
more animals; or
  (c) The person knowingly commits the offense in the immediate
presence of a minor child. For purposes of this paragraph, a
minor child is in the immediate presence of animal neglect if the
neglect is seen or directly perceived in any other manner by the
minor child.
  (4) When animal neglect in the first degree is a Class B
felony, the Oregon Criminal Justice Commission shall classify the
offense as crime category 6 if 10 to 20 animals were the subject
of the neglect, crime category 7 if 21 to 30 animals were the
subject of the neglect and crime category 8 if 31 or more animals
were the subject of the neglect. + }
  SECTION 6. ORS 167.332 is amended to read:
  167.332. (1) In addition to any other penalty imposed by law, a
person convicted of violating ORS 167.315, 167.325, 167.330,
167.333, 167.340 or 167.355 or of a misdemeanor under ORS
167.320, may not possess a domestic animal { + , an equine or any
animal of the same genus against which the crime was
committed + } for a period of five years following entry of the
conviction.
  (2) In addition to any other penalty imposed by law, a person
convicted of violating ORS 167.322, 167.365 or 167.428 or of a
felony under ORS 167.320, may not possess a domestic animal { + ,
an equine or any animal of the same genus against which the crime
was committed + } for a period of 15 years following entry of the
conviction.
  (3) A person who possesses a domestic animal in violation of
this section commits a Class C misdemeanor. When a person is
convicted of possessing a domestic animal in violation of this
section, the court may order the removal of domestic animals from
the person's residence.
  SECTION 7. ORS 167.347 is amended to read:
  167.347. (1) If any animal is impounded pursuant to ORS 167.345
and is being held by a county animal shelter or other animal care
agency pending outcome of criminal action charging a violation of
ORS 167.315 to 167.333, 167.340, 167.355, 167.365 or 167.428,
prior to final disposition of the criminal charge, the county or
other animal care agency or, on behalf of the county or other
animal care agency, the district attorney, may file a petition in
the criminal action requesting that the court issue an order
forfeiting the animal to the county or other animal care agency
prior to final disposition of the criminal charge. The petitioner
shall serve a true copy of the petition upon the defendant and,
unless the district attorney has filed the petition on behalf of
the county or other animal care agency, the district attorney.
  (2) { + (a) + } Upon receipt of a petition pursuant to
subsection (1) of this section, the court shall set a hearing on
the petition.  The hearing shall be conducted within 14 days
after the filing of the petition, or as soon as practicable.
   { +  (b) To provide notice on any potential claimant who may
have an interest in any animals impounded pursuant to ORS 167.345
and as an alternate form of service upon a defendant who cannot
be personally served as required in subsection (1) of this
section, a petitioner may publish notice of the filing of the
petition, printed twice weekly for up to 14 consecutive days in a
daily or weekly newspaper, as defined in ORS 193.010, published
in the county in which the hearing is to be held or, if there is
none, in a daily or weekly newspaper, as defined in ORS 193.010,
generally circulated in the county in which the hearing is to be
held. The notice of the filing of the petition required under
this subsection shall contain a description of the impounded
animal or animals, the name of the owner or reputed owner
thereof, the location from which the animal or animals were
impounded and the time and place of the hearing if the hearing
has been set at the time of publication, or otherwise the name,
address and phone number for the attorney for the petitioner, who
shall upon request provide further details on the hearing date,
place and time. + }
  (3)  { - (a) - }  At a hearing conducted pursuant to subsection
(2) of this section, the petitioner shall have the burden of
establishing probable cause to believe that the animal was
subjected to a violation of ORS 167.315 to 167.333, 167.340,
167.355, 167.365 or 167.428.  { + The defendant or any other
claimant shall have an opportunity to be heard before the court
makes its final finding. + } If the court finds that probable
cause exists, the court shall order immediate forfeiture of the
animal to the petitioner, unless the defendant { +  or any other
claimant + }, within 72 hours of the hearing, posts a security
deposit or bond with the court clerk in an amount determined by
the court to be sufficient to repay all reasonable costs
incurred, and anticipated to be incurred, by the petitioner in
caring for the animal from the date of initial impoundment to the
date of trial.
    { - (b) Notwithstanding paragraph (a) of this subsection, a
court may waive for good cause shown the requirement that the
defendant post a security deposit or bond. - }
  (4) If a security deposit or bond has been posted in accordance
with subsection (3) of this section, and the trial in the action
is continued at a later date, any order of continuance shall
require the defendant { +  or any other claimant + } to post an
additional security deposit or bond in an amount determined by
the court that shall be sufficient to repay all additional
reasonable costs anticipated to be incurred by the petitioner in
caring for the animal until the new date of trial.
  (5) If a security deposit or bond has been posted in accordance
with subsection (4) of this section, the petitioner may draw from
that security deposit or bond the actual reasonable costs
incurred by the petitioner in caring for the impounded animal
from the date of initial impoundment to the date of final
disposition of the animal in the criminal action.
  (6) The provisions of this section are in addition to, and not
in lieu of, the provisions of ORS 167.350 and 167.435  { + and
ORS chapters 87 and 88 + }.
  SECTION 8. ORS 87.159 is amended to read:
  87.159.  { + (1) + } A person who, or governmental agency that,
transports, pastures, feeds, cares for or provides treatment to
an animal that has been impounded under ORS 167.345 has a lien on
the animal in the possession of the person or governmental agency
for the reasonable charges for transportation, pasturage, feed,
care or treatment provided by the person or governmental agency,
and the person or governmental agency may retain possession of
the animal until those charges are paid.
   { +  (2)(a) Within 30 days of impoundment of any animal or
animals as is authorized under ORS 167.345, any person who has an
ownership interest in any impounded animal may file a written
petition, verified under oath, demanding a hearing before the
circuit court. The petition shall specifically identify the
petitioner's ownership interest in the animal or animals. The
petition shall further specifically articulate the petitioner's
challenge to the probable cause justifying the impoundment that
resulted in the lien attaching under subsection (1) of this
section or the amount of the charges associated with that lien.
The petitioner shall serve a true copy of the petition on the
lien holder, the peace officer who impounded the animals and the
district attorney, who shall be captioned as the respondents.
  (b) Upon receipt of a petition in compliance with this
subsection, the circuit court shall hold the hearing within 14
days, wherein the respondents shall demonstrate by a
preponderance of the evidence that impoundment of the animal was
based on probable cause and that the lien amount claimed
accurately reflects the reasonable charges authorized and
accruing under subsection (1) of this section.
  (c) If the court finds that impoundment of an animal under ORS
167.345 was:
  (A) Based on probable cause and that the lien amount accurately
reflects the reasonable charges authorized and accruing under
subsection (1) of this section, then the court shall deny the
petition, award reasonable attorney fees to the respondents and
direct the foreclosure to proceed.
  (B) Based on probable cause but that the lien amount does not
accurately reflect the reasonable charges authorized and accruing
under subsection (1) of this section, then the court shall enter
an order modifying the lien amount to accurately state the
reasonable charges authorized and accruing under subsection (1)
of this section, award reasonable attorney fees to the
respondents and direct the foreclosure to proceed.
  (C) Without probable cause, then the court may enter an order
striking the lien created under subsection (1) of this section
and may, but only if a final judgment is entered in the
defendant's favor in the criminal case related to the impoundment
under ORS 167.345, order an impounded animal returned to its
lawful owner.  To prevent the lawful owner or any other claimant
from being unjustly enriched while having been relieved of the
duty to provide an impounded animal with minimum care, any court
order directing return of an impounded animal shall include an
award to the respondents of the full costs of providing care to
the animal.
  (d) A person's failure to file a written petition within 30
days of impoundment of an animal or animals shall constitute a
waiver of the right to file a petition under this subsection and
the foreclosure shall proceed without judicial review in the
manner provided in ORS 87.172 to 87.212. The court may extend the
30-day period to file a written petition by an additional 15 days
only if the petitioner did not have actual notice of the
impoundment and the court makes findings, on the record and in
writing, that there are exceptional and compelling circumstances
justifying the extension. + }
  SECTION 9.  { + (1) As used in this section and section 10 of
this 2013 Act:
  (a) 'Animal' means any nonhuman mammal, bird, reptile,
amphibian or fish.
  (b) 'Animal rescue entity' means an individual or organization,
including but not limited to an animal control agency, humane
society, animal shelter, animal sanctuary or boarding kennel not
subject to ORS 167.374, but excluding a veterinary facility, that
keeps, houses, and maintains in its custody 10 or more animals
and that solicits or accepts donations in any form.
  (c) 'Enforcing agency' means the agency that operates a city or
county dog licensing and control program under ORS 609.035 to
609.110 or under any city or county ordinances or regulations
that operate in lieu of ORS 609.035 to 609.110, or any other
agency designated the enforcing agency by the city or county
governing body.
  (2) Any animal rescue entity shall comply with all of the
following record-keeping requirements:
  (a) Maintain a record for each animal that identifies:
  (A) The date of birth for the animal or, if the date of birth
is unknown, the approximate age of the animal;
  (B) The date the animal rescue entity acquired possession,
control or charge of the animal and the source of the animal;
  (C) The number of offspring the animal produced while in the
possession or control of the animal rescue entity, if applicable;
  (D) The disposition the animal rescue entity makes of each
animal possessed by, controlled by or in the charge of the animal
rescue entity, including the date of disposition, manner of
disposition and the name and address for any individual or
organization taking possession, control or charge of an animal;
  (E) The source of the animal, date of acquisition, age, sex,
breed type and weight of the animal at intake; and
  (F) A photograph of the animal taken within 24 hours of intake
by the animal rescue entity.
  (b) Permit an authorized representative of the enforcing agency
to inspect records of the animal rescue entity required by this
subsection and furnish reports and information required by the
enforcing agency, as provided under section 10 of this 2013 Act.
  (3) An animal rescue entity shall comply with the following
licensing requirements:
  (a) The entity shall obtain a license issued by the enforcing
agency in accordance with this section and any rules or policies
adopted by the enforcing agency; and
  (b) The entity shall pay a $100 license application fee for a
license or an annual renewal of the license.
  (4) The enforcing agency may not issue or renew a license under
this section unless the animal rescue entity is in compliance
with this section and section 10 of this 2013 Act.
  (5) An animal rescue entity may transfer a license issued under
this section to another person with the written consent of the
enforcing agency, provided that the transferee otherwise
qualifies to be licensed as an animal rescue entity under this
section and rules applicable to the transferee and does not have
a certified unpaid debt to the state. The transferee shall submit
a signed release to the enforcing agency permitting the
performance of a background investigation of the transferee, and
the enforcing agency shall conduct the background investigation.
  (6) An applicant for a license issued under this section shall
demonstrate that the animal rescue entity that is the subject of
the application complies with all standards imposed under
applicable law.
  (7) Any animal rescue entity is subject to inspection by the
enforcing agency as provided in section 10 of this 2013 Act.
  (8)(a) A violation of this section may result in imposition of
civil penalties to be determined by the enforcing agency,
including but not limited to impoundment of all animals under the
animal rescue's control, the revocation of the animal rescue's
license to operate animal rescue operations and a civil penalty
of not more than $500 for each violation.
  (b) Before a civil penalty may be imposed under this section,
the enforcing agency shall adopt rules or policies that:
  (A) Ensure that a person who is the subject of an alleged
violation receives notice of the allegations and potential
imposition of civil penalties;
  (B) Allow for an opportunity for a hearing prior to the
imposition of civil penalties; and
  (C) Allow for the opportunity for judicial review of the
imposition of civil penalties.
  (9) Moneys raised by the enforcing agency under this section
are dedicated to and shall be used for enforcing agency
operations undertaken pursuant to this section and section 10 of
this 2013 Act. + }
  SECTION 10.  { + (1) Whenever an authorized representative of
an enforcing agency is advised or has reason to believe that an
animal rescue entity is operating without a license, the
authorized representative may visit and conduct an on-site
investigation of the premises of the animal rescue entity. The
purpose of an investigation under this section is to determine
whether the animal rescue entity is subject to the requirements
of section 9 of this 2013 Act.
  (2) At any reasonable time, an authorized representative of an
enforcing agency may conduct an on-site investigation of the
premises of any licensed animal rescue entity to determine
whether the entity is in compliance with section 9 of this 2013
Act.
  (3) An authorized representative of the enforcing agency shall
conduct an on-site investigation of the premises of any licensed
animal rescue entity if the enforcing agency receives a complaint
about the animal rescue entity that the agency determines is
credible and serious.
  (4) Any state agency that receives a complaint about a licensed
animal rescue entity shall notify the enforcing agency about the
complaint and any subsequent action taken by the state agency
based on that complaint.
  (5) A licensed animal rescue entity shall permit an authorized
representative of the enforcing agency to inspect records of the
animal rescue entity and shall furnish any reports and
information required by the enforcing agency.
  (6) If, during the course of an inspection made under this
section, the enforcing agency finds evidence of animal cruelty in
violation of ORS 167.310 to 167.351, 167.352, 167.355 or 167.360
to 167.372, the enforcing agency shall seize the evidence and
report the violation to law enforcement. Evidence of animal
cruelty found through a valid inspection under this section shall
be presumed admissible in any subsequent criminal proceeding. + }
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