16100273D
HOUSE BILL NO. 302
Offered January 13, 2016
Prefiled January 4, 2016
A BILL to amend and reenact §3.2-6570 of the Code of
Virginia, relating to cruelty to elephants; penalty.
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Patron-- Rasoul
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Committee Referral Pending
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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; penalty.
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) (a) uses
electricity, martingales,
or block and tackle, engages in physical
punishment resulting in damage, scarring, or breaking of skin, or inserts any instrument into
any bodily orifice of an elephant to discipline an
elephant; (b) uses a
bullhook, ankus, baseball bat, axe handle, pitchfork,
or similar device designed to inflict pain for the purpose of training
or controlling the behavior of an elephant; or (c) brandishes,
exhibits, or displays any device described in clause (b) in the
presence of an elephant; (vi)
willfully sets on foot, instigates, engages in, or in any way furthers any act
of cruelty to any animal; (vi) (vii) 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) (viii) 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) (a) uses electricity,
martingales, or block and tackle, engages in physical punishment resulting in
damage, scarring, or breaking of skin, or inserts any instrument into any
bodily orifice of an elephant to discipline an elephant; (b) uses a bullhook,
ankus, baseball bat, axe handle, pitchfork, or similar device designed to
inflict pain for the purpose of training or controlling the behavior of
an elephant; or (c) brandishes, exhibits, or displays any device
described in clause (b) in the presence of an elephant; (v) maliciously deprives any companion animal of necessary
food, drink, shelter, or
emergency veterinary treatment; (v) (vi) instigates, engages in,
or in any way furthers any act of cruelty to any animal set forth in clauses
(i) through (iv) (v); or (vi) (vii) causes any of the
actions described in clauses (i) through (v) (vi), 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
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 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,
the estimated amount of the necessary appropriation cannot be determined for
periods of imprisonment in state adult correctional facilities; therefore,
Chapter 665 of the Acts of Assembly of 2015 requires the Virginia Criminal
Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to
§ 30-19.1:4, the estimated amount of the necessary appropriation cannot be
determined for periods of commitment to the custody of the Department of
Juvenile Justice.
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