MISSISSIPPI LEGISLATURE REGULAR SESSION 2010 By: Senator(s) Dearing To: Judiciary, Division B COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 3085 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 AN ACT TO CREATE SECTION 97-41-25, MISSISSIPPI CODE OF 1972, TO PROHIBIT CRUELTY TO VERTEBRATE ANIMALS; TO CREATE SECTION 97-41-27, MISSISSIPPI CODE OF 1972, TO ESTABLISH THE CRIME OF AGGRAVATED CRUELTY TO ANY DOMESTICATED DOG OR CAT; TO CREATE SECTION 97-41-29, MISSISSIPPI CODE OF 1972, TO PROVIDE EXEMPTIONS FROM CRIMINAL LIABILITY UNDER THE CHAPTER; TO REPEAL SECTIONS 97-41-1, 97-41-5, 97-41-7, 97-41-9 AND 97-41-16, MISSISSIPPI CODE OF 1972, WHICH DEAL WITH ANIMAL CRUELTY; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. The following shall be codified as Section 97-41-25, Mississippi Code of 1972: 97-41-25. If any person shall knowingly or with criminal negligence torment, unjustifiably injure, deprive of necessary sustenance, food or drink; or cruelly beat or mutilate; or cause or procure to be tortured, unjustifiably injured, tormented, or deprived of necessary sustenance, food or drink; or to be cruelly beaten or mutilated or killed, any living vertebrate creature, except human beings and fish, every such offender, for each offense, shall be guilty of cruelty to animals, which is a misdemeanor punishable by not more than one (1) year in jail, a fine of not more than One Thousand Dollars ($1,000.00), or both. SECTION 2. The following shall be codified as Section 97-41-27, Mississippi Code of 1972: 97-41-27. (1) If any person with malice shall torture, mutilate, maim, burn, starve, disfigure or kill any domesticated dog or cat, every such offender, for every offense, shall be guilty of aggravated cruelty to a dog or cat, a misdemeanor, punished by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00), and G1/2 PAGE 1
30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 imprisoned for not more than one (1) year in jail; the defendant my additionally be sentenced to not more than thirty (30) days of community service. For a second offense or subsequent offense of aggravated cruelty to a dog or cat, the person shall be guilty of a felony and punished by a fine of not less than One Thousand Five Hundred Dollars ($1,500.00) nor more than Ten Thousand Dollars ($10,000.00) and commitment to the custody of the Department of Corrections for not more than five (5) years. (2) A person alleged to have committed the offense of aggravated cruelty to a dog or cat shall not also be alleged to have committed the offense of cruelty to animals for an alleged offense that involves the same animal. (3) In addition to such fine or imprisonment as may be imposed: (a) The court shall order that restitution be made to the owner of any such dog or cat. The measure for such restitution in money shall be the current replacement value of such loss and the actual veterinarian fees, special supplies, loss of income and other cost incurred as a result of actions in violation of subsection (1) of this section. (b) The court shall also order that restitution be made to all law enforcement agencies, animal control, or humane societies for the costs of investigation, sheltering, transporting, rehabilitation and other costs directly related to the case. (c) The court may also require: (i) Psychiatric or psychological evaluation, and if determined appropriate, psychiatric or psychological counseling or treatment for a length of time prescribed by the court. The cost of any psychiatric or psychological evaluation, counseling, or treatment shall be ordered paid by such person up the the jurisdictional limit of the court. PAGE 2
62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 (ii) Forfeiture of any future right to own or care for any animal for a period which the court deems appropriate. (iii) Periodic unannounced visits for a period up to one (1) year by a humane officer to inspect the care and condition of any animal permitted by the court to remain in the care, custody or possession of the guilty party. Such period may be extended by the court upon motion made by the state. SECTION 3. The following shall be codified as Section 97-41-29, Mississippi Code of 1972: 97-41-29. (1) Nothing in this chapter shall be construed as prohibiting a person from: (a) Defending himself or herself or another person from physical or economic injury being threatened or caused by an animal; (b) Injuring or killing of an unconfined animal on the person's property if the unconfined animal is reasonably believed to constitute a threat of physical injury or damage to any animal under the care or control of the person; (c) Acting in accordance with the provisions of Section 95-5-19; (d) Engaging in practices lawful under the Mississippi Veterinary Practice Act, Section 73-39-51 et seq., or engaging in activities by any licensed veterinarian while following accepted standards of practice of the profession, including, but not limited to, the euthanizing, spaying or neutering, earcropping, taildocking, declawing, or debarking of an animal; (e) Humanely killing an animal that is suffering from an incurable or untreatable illness or condition or if there appears to be no reasonable probability that the life or usefulness of the animal can be saved; (f) Rendering emergency care, treatment or assistance to an animal that is abandoned, ill, injured or in distress PAGE 3
94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 related to an accident or disaster if the person rendering the care, treatment or assistance is: (i) Acting in good faith; and (ii) Not receiving compensation; (g) Performing accepted agricultural and animal husbandry practices on livestock or poultry, including, but not limited to, slaughter, butchering, food processing and marketing practices; (h) Performing professional pest control activities in a lawful manner; (i) Training for or participating in a rodeo, equine activity, or competitive event, any lawful animal exhibition or competition practice, or any lawful zoological practice; (j) Engaging in normal or accepted practices of animal identification, including, but not limited to, use of microchips, tatoos, eartags, branding, ear notching, or any similar practice to identify ownership of an animal; (k) Engaging in lawful hunting, trapping, fishing, wildlife management, or any activity regulated by the Mississippi Department of Wildlife, Fisheries and Parks; (l) Any lawful scientific research or medical practice, or activities undertaken by research and education facilities or institutions that are: (i) Regulated under the provisions of the Animal Welfare Act, 7 USC 2131 et seq., as in effect on July 1, 2010; (ii) Regulated under the provisions of the Health Research Extension Act of 1985, Public Law No. 99-158; or (iii) Subject to any other applicable state or federal law or regulation governing animal research as in effect on July 1, 2010; (m) Activities involving the training and deployment of dogs for the purpose of hunting and pursuit of game; PAGE 4
126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 (n) Any conduct which is otherwise permitted under the laws of this state or of the United States. (2) An owner of an animal or a person in control of an animal shall not be guilty for either the offense of cruelty to animals or the offense of aggravated cruelty to a dog or cat if the person, as the result of causes beyond the person's reasonable control, including, without limitation, acts of God, declarations of disaster, emergencies, acts of war, earthquakes, fires, floods or other natural disasters, reasonably engaged in an act or omission that might otherwise constitute an allegation of the offense of cruelty to animals or the offense of aggravated cruelty to a dog or cat. SECTION 4. Section 97-41-2, Mississippi Code of 1972, is amended as follows: 97-41-2. (1) All courts in the State of Mississippi may order the seizure of an animal by a law enforcement agency, for its care and protection upon a finding of probable cause to believe said animal is being cruelly treated, neglected or abandoned. Such probable cause may be established upon sworn testimony of any person who has witnessed the condition of said animal. The court may appoint an animal control agency, agent of an animal shelter organization, veterinarian or other person as temporary custodian for the said animal, pending final disposition of the animal pursuant to this section. Such temporary custodian shall directly contract and be responsible for any care rendered to such animal, and may make arrangements for such care as may be necessary. Upon seizure of an animal, the law enforcement agency responsible for removal of the animal shall serve notice upon the owner of the animal, if possible, and shall also post prominently a notice to the owner or custodian to inform such person that the animal has been seized. Such process and notice shall contain a description of the animal seized, the date seized, the name of the law enforcement agency seizing the animal, the name of the PAGE 5
159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 temporary custodian, if known at the time, and shall include a copy of the order of the court authorizing the seizure. (2) Within five (5) days of seizure of an animal, the owner of the animal may request a hearing in the court ordering the animal to be seized to determine whether the owner is able to provide adequately for the animal and is fit to have custody of the animal. The court shall hold such hearing within fourteen (14) days of receiving such request. The hearing shall be concluded and the court order entered thereon within twenty-one (21) days after the hearing is commenced. * * * (3) In determining the owner's fitness to have custody of an animal, the court may consider, among other matters: (a) Testimony from law enforcement officers, animal control officers, animal protection officials, and other witnesses as to the condition the animal was kept in by its owner or custodian. (b) Testimony and evidence as to the type and amount of care provided to the animal by its owner or custodian. (c) Expert testimony as to the proper and reasonable care of the same type of animal. (d) Testimony from any witnesses as to prior treatment or condition of this or other animals in the same custody. (e) Violations of laws relating to animal cruelty that the owner or custodian has been convicted of prior to the hearing. (f) Any other evidence the court considers to be material or relevant. (4) If a defendant is found guilty of a violation of this chapter, and upon proof of costs incurred as a result of the animal's seizure, including, but not limited to, animal medical and boarding, the court may order that the animal's owner reimburse the temporary custodian for such costs. A lien for authorized expenses is hereby created upon all animals seized PAGE 6
191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 under this section, and shall have priority to any other lien on such animal. (5) If the court finds the owner of the animal is unable or unfit to adequately provide for the animal, or that the animal is severely injured, diseased, or suffering, and, therefore, not likely to recover, the court may order that the animal be permanently forfeited and released to an animal control agency, animal protection organization or to the appropriate entity to be euthanized or the court may order that such animal be sold at public sale in the manner now provided for judicial sales; any proceeds from such sale shall go first toward the payment of expenses and costs relating to the care and treatment of such animal, and any excess amount shall be paid to the owner of the animal. (6) Upon notice and hearing as provided in this section, or as a part of any preceding conducted under the terms of this section, the court may order that other animals in the custody of the owner that were not seized be surrendered and further enjoin the owner from having custody of other animals in the future. (7) If the court determines the owner is able to provide adequately for, and have custody of, the animal, the court shall order the animal be claimed and removed by the owner within seven (7) days after the date of the order. (8) Nothing in this section shall be construed to prevent or otherwise interfere with a law enforcement officer's authority to seize an animal as evidence or require court action for the taking into custody and making proper disposition of animals as authorized in Sections 21-19-9 and 41-53-11. (9) For the purposes of this section, the term "animal" or "animals" means any feline, exotic animal, canine, horse, pony, mule, jack or jennet. SECTION 5. The following shall be codified as Section 97-41-31, Mississippi Code of 1972:: PAGE 7
224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 97-41-31. For purposes of this chapter, the following words shall have the meanings ascribed unless the context clearly requires otherwise: (a) "Maim" means to injure so severely as to cause lasting damage. (b) "Mutilate" means to seriously wound, injure, maim or disfigure an animal by irreparably damaging the body parts of the animal or to render useless any part of the body of the animal. (c) "Torment" means the infliction of extreme pain or agony. (d) "Torture" means the infliction of inhumane treatment or gross physical abuse to a dog or cat meant to cause the dog or cat intense or prolonged pain or serious physical injury, or thereby causing death to the dog or cat, with the intent of increasing or prolonging the pain of the dog or cat. SECTION 6. Section 97-41-1, Mississippi Code of 1972, which deals with cruelty to animals, Section 97-41-5, Mississippi Code of 1972, which deals with carrying a creature in a cruel manner, Section 97-41-7, Mississippi Code of 1972, which deals with confining animals without food or water, Section 97-41-9, Mississippi Code of 1972, which deals with failure to provide sustenance to animals, and Section 97-41-16, Mississippi Code of 1972, which deals with malicious or mischievous injury to cats and dogs, are repealed. SECTION 7. This act shall take effect and be in force from and after July 1, 2010. ST: Animal cruelty; revise. PAGE 8