Bill Text: VA SB1218 | 2017 | Regular Session | Prefiled
Bill Title: Cats or dogs; killing of companion animals.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2017-01-31 - Passed by indefinitely in Finance (16-Y 0-N) [SB1218 Detail]
Download: Virginia-2017-SB1218-Prefiled.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; 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) 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
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. It is unlawful for any person to kill by shooting or by any other manner not otherwise prohibited by this section a dog or cat that is a companion animal unless the animal poses an immediate threat of serious physical harm to a person or is in extreme physical distress and no veterinary care is available without a delay that would cause further suffering. A violation of this subsection is a Class 2 misdemeanor. A second or subsequent violation of this subsection is a Class 6 felony. The provisions of this subsection shall not apply to a veterinarian, animal control officer, animal shelter, or other authorized person who euthanizes a companion animal under the provisions of this chapter.
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, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 780 of the Acts of Assembly of 2016 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.
