Bill Text: VA HB2642 | 2019 | Regular Session | Comm Sub
Bill Title: Cruelty to animals with intent to intimidate or threaten a household member; penalty.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2019-02-18 - Passed by indefinitely in Finance (11-Y 5-N) [HB2642 Detail]
Download: Virginia-2019-HB2642-Comm_Sub.html
Be it enacted by the General Assembly of Virginia:
1. That §3.2-6570 of the Code of Virginia is amended and reenacted as follows:
§3.2-6570. Cruelty to animals; penalties.
A. Any person who: (i) overrides, overdrives,
overloads, tortures, ill-treats, abandons, willfully inflicts inhumane injury
or pain not connected with bona fide scientific or medical experimentation, or
cruelly or unnecessarily beats, maims, mutilates, or kills any animal, whether
belonging to himself or another; (ii) deprives any animal of necessary food,
drink, shelter or emergency veterinary treatment; (iii) sores any equine for
any purpose or administers drugs or medications to alter or mask such soring
for the purpose of sale, show, or exhibition of any kind, unless such
administration of drugs or medications is within the context of a veterinary
client-patient relationship and solely for therapeutic purposes; (iv) ropes,
lassoes, or otherwise obstructs or interferes with one or more legs of an
equine in order to intentionally cause it to trip or fall for the purpose of
engagement in a rodeo, contest, exhibition, entertainment, or sport unless such
actions are in the practice of accepted animal husbandry or for the purpose of
allowing veterinary care; (v) willfully sets on foot, instigates, engages in,
or in any way furthers any act of cruelty to any animal; (vi) carries or causes
to be carried by any vehicle, vessel or otherwise any animal in a cruel,
brutal, or inhumane manner, so as to produce torture or unnecessary suffering;
or (vii) causes any of the above things, or being the owner of such animal
permits such acts to be done by another is guilty of a Class 1 misdemeanor.
In addition to the penalties provided in this subsection, the court may, in its discretion, require any person convicted of a violation of this subsection to attend an anger management or other appropriate treatment program or obtain psychiatric or psychological counseling. The court may impose the costs of such a program or counseling upon the person convicted.
B. Any person who: (i) tortures, willfully inflicts
inhumane injury or pain not connected with bona fide scientific or medical
experimentation, or cruelly and unnecessarily beats, maims, mutilates or kills
any animal whether belonging to himself or another; (ii) sores any equine for
any purpose or administers drugs or medications to alter or mask such soring
for the purpose of sale, show, or exhibit of any kind, unless such
administration of drugs or medications is under the supervision of a licensed
veterinarian and solely for therapeutic purposes; (iii) ropes, lassoes, or
otherwise obstructs or interferes with one or more legs of an equine in order
to intentionally cause it to trip or fall for the purpose of engagement in a
rodeo, contest, exhibition, entertainment, or sport unless such actions are in
the practice of accepted animal husbandry or for the purpose of allowing
veterinary care; (iv) maliciously deprives any companion animal of necessary
food, drink, shelter or emergency veterinary treatment; (v) instigates, engages
in, or in any way furthers any act of cruelty to any animal set forth in
clauses (i) through (iv); or (vi) causes any of the actions described in
clauses (i) through (v), or being the owner of such animal permits such acts to
be done by another; and has been within five years convicted of a violation of
this subsection or subsection A, is guilty of a Class 6 felony if the current
violation or any previous violation of this subsection or subsection A resulted
in the death of an animal or the euthanasia of an animal based on the
recommendation of a licensed veterinarian upon a determination that such
euthanasia was necessary due to the condition of the animal, and such condition
was a direct result of a violation of this subsection or subsection A.
C. Nothing in this section shall be construed to prohibit the dehorning of cattle conducted in a reasonable and customary manner.
D. This section shall not prohibit authorized wildlife management activities or hunting, fishing or trapping as regulated under other titles of the Code of Virginia, including Title 29.1, or to farming activities as provided under this title or regulations adopted hereunder.
E. It is unlawful for any person to kill a domestic dog or cat for the purpose of obtaining the hide, fur or pelt of the dog or cat. A violation of this subsection is a Class 1 misdemeanor. A second or subsequent violation of this subsection is a Class 6 felony.
F. Any person who: (i) tortures, willfully inflicts
inhumane injury or pain not connected with bona fide scientific or medical
experimentation or cruelly and unnecessarily beats, maims or mutilates any dog
or cat that is a companion animal whether belonging to him or another; and (ii)
as a direct result causes the death of such dog or cat that is a companion
animal, or the euthanasia of such animal on the recommendation of a licensed
veterinarian upon determination that such euthanasia was necessary due to the
condition of the animal, is guilty of a Class 6 felony. If a dog or cat is
attacked on its owner's property by a dog so as to cause injury or death, the
owner of the injured dog or cat may use all reasonable and necessary force
against the dog at the time of the attack to protect his dog or cat. Such owner
may be presumed to have taken necessary and appropriate action to defend his
dog or cat and shall therefore be presumed not to have violated this
subsection. The provisions of this subsection shall not overrule §3.2-6540,
3.2-6540.1, or 3.2-6552.
G. Any person who violates any provision of this section with the intent to coerce, intimidate, or harass a family or household member as defined in §16.1-228 is guilty of a Class 6 felony.
H. Any person convicted of violating this section may be prohibited by the court from possession or ownership of companion animals.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to §30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 2 of the Acts of Assembly of 2018, Special Session I, requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to §30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.
