Download Zipped Introduced WordPerfect HB0061.ZIP
[Status][Bill Documents][Fiscal Note][Bills Directory]
H.B. 61
1
CRIMINAL PENALTY FOR ANIMAL CRUELTY
2
2006 GENERAL SESSION
3
STATE OF UTAH
4
Chief Sponsor: Scott L Wyatt
5
Senate Sponsor:
Peter C. Knudson
6
7
LONG TITLE
8
General Description:
9
This bill modifies the Criminal Code regarding animal cruelty by providing that torture
10
of an animal is a felony. This bill amends references to criminal intent and amends
11
certain definitions.
12
Highlighted Provisions:
13
This bill:
14
. amends the definition of necessary food, care, and shelter to include water and
15
shelter as appropriate to the animal and moves the definitions to the beginning of
16
the section;
17
. clarifies the general applicability of the exemption for acting under a legal privilege;
18
. provides an exemption for animals kept and used for training hunting dogs and
19
falcons and also for animals kept or owned by a zoological park;
20
. includes the offense of seriously injuring an animal;
21
. provides that torturing an animal is a third degree felony;
22
. provides that the court shall state on the record the reasons a person convicted of
23
animal cruelty is not required to receive treatment, pay restitution, or to not have
24
possession of animals for a specified period;
25
. provides that after the first priority of placing the animal through adoption, the
26
option of offering the animal for sale at auction precedes the option of euthanasia;
27
and
28
. amends the definition of conviction to include pleas in abeyance or of nolo
29
contendere.
30
Monies Appropriated in this Bill:
31
None
32
Other Special Clauses:
33
None
34
Utah Code Sections Affected:
35
AMENDS:
36
76-9-301, as last amended by Chapter 7, Laws of Utah 1996, Second Special Session
37
76-9-301.5, as last amended by Chapter 7, Laws of Utah 1996, Second Special Session
38
76-9-301.6, as last amended by Chapter 282, Laws of Utah 1998
39
76-9-301.7, as enacted by Chapter 7, Laws of Utah 1996, Second Special Session
40
76-10-1602, as last amended by Chapters 104, 140 and 319, Laws of Utah 2004
41
42
Be it enacted by the Legislature of the state of Utah:
43
Section 1.
Section
76-9-301
is amended to read:
44
76-9-301. Cruelty to animals -- Definitions -- Offenses -- Penalties -- Sentencing.
45
(1) As used in this section:
46
(a) "Abandon" means to deposit, leave, or drop off any live animal:
47
(i) without providing for the care of that animal; or
48
(ii) in a situation where conditions present an immediate, direct, and serious threat to
49
the life, safety, or health of the animal.
50
(b) (i) "Animal" means a live, nonhuman, vertebrate creature.
51
(ii) "Animal" does not include:
52
(A) animals kept or owned for agricultural purposes and cared for in accordance with
53
accepted husbandry practices;
54
(B) animals used for rodeo purposes and cared for in accordance with accepted
55
husbandry practices;
56
(C) animals kept or owned by a zoological park that is accredited by the American Zoo
57
and Aquarium Association and cared for in accordance with accepted husbandry practices;
58
(D) protected and unprotected wildlife as defined in Section
23-13-2
; and
59
(E) animals kept or owned for the purpose of hunting dog or falcon training and cared
60
for in accordance with accepted husbandry practices.
61
(c) "Custody" means ownership, possession, or control over an animal.
62
(d) "Legal privilege" means an act:
63
(i) authorized by state law, including Division of Wildlife Resources statutes and rules;
64
and
65
(ii) conducted in compliance with local ordinances.
66
(e) "Necessary food, water, care, and shelter" means the following, taking into account
67
the species, age, and physical condition of the animal:
68
(i) appropriate and essential food and water;
69
(ii) veterinary care; and
70
(iii) adequate protection, including appropriate shelter, against extreme weather
71
conditions.
72
[(1)] (2) A person is guilty of cruelty to animals if the person, without having legal
73
privilege to do so, intentionally, knowingly, recklessly, or with criminal negligence:
74
(a) fails to provide necessary food, water, care, or shelter for an animal in his custody;
75
(b) abandons an animal in the person's custody;
76
(c) transports or confines an animal in a cruel manner;
77
(d) injures an animal;
78
(e) causes any animal, not including a dog, to fight with another animal of like kind for
79
amusement or gain; or
80
(f) causes any animal, including a dog, to fight with a different kind of animal or
81
creature for amusement or gain.
82
[(2)] (3) A violation of Subsection [(1)] (2) is:
83
(a) a class B misdemeanor if committed intentionally or knowingly; and
84
(b) a class C misdemeanor if committed recklessly or with criminal negligence.
85
[(3)] (4) A person is guilty of aggravated cruelty to an animal if the person, without
86
having legal privilege to do so:
87
[(a) tortures an animal;]
88
[(b)] (a) (i) administers or causes to be administered poison or poisonous substances to
89
an animal [without having a legal privilege to do so]; or
90
(ii) knowingly or intentionally places or causes to be placed in a location accessible to
91
an animal, a poison or poisonous substance that is attractive to one or more species of animals;
92
(b) causes to an animal serious bodily injury as defined in Section
76-1-601
; or
93
(c) kills an animal or causes an animal to be killed [an animal without having a legal
94
privilege to do so], except that causing an animal's death by torture is a third degree felony
95
under Subsection (6).
96
[(4)] (5) A violation of Subsection [(3)] (4) is:
97
(a) a class A misdemeanor if committed intentionally or knowingly;
98
(b) a class B misdemeanor if committed recklessly; and
99
(c) a class C misdemeanor if committed with criminal negligence.
100
(6) (a) A person is guilty of felony animal cruelty if a person tortures an animal,
101
including if the person causes the animal's death by torture.
102
(b) A violation of Subsection (6)(a) is a third degree felony.
103
[(5)] (7) It is a defense to prosecution under this section that the conduct of the actor
104
towards the animal was:
105
(a) by a licensed veterinarian using accepted veterinary practice;
106
(b) directly related to bona fide experimentation for scientific research, provided that if
107
the animal is to be destroyed, the manner employed will not be unnecessarily cruel unless
108
directly necessary to the veterinary purpose or scientific research involved;
109
(c) permitted under Section
18-1-3
, which concerns dogs attacking specified types of
110
animals;
111
(d) by a person who humanely destroys any animal found suffering past recovery for
112
any useful purpose; or
113
(e) by a person who humanely destroys any apparently abandoned animal found on the
114
person's property.
115
[(6)] (8) For purposes of Subsection [(5)] (7)(d), before destroying the suffering
116
animal, the person who is not the owner of the animal shall obtain:
117
(a) the judgment of a veterinarian of the animal's nonrecoverable condition;
118
(b) the judgment of two other persons called by the person to view the unrecoverable
119
condition of the animal in the person's presence;
120
(c) the consent from the owner of the animal to the destruction of the animal; or
121
(d) a reasonable conclusion that the animal's suffering is beyond recovery, through the
122
person's own observation, if the person is in a location or circumstance where the person is
123
unable to contact another person.
124
[(7)] (9) This section does not affect or prohibit the training, instruction, and grooming
125
of animals, so long as the methods used are in accordance with accepted husbandry practices.
126
[(8)] (10) (a) This section does not affect or prohibit the use of an electronic locating or
127
training collar by the owner of an animal for the purpose of lawful animal training, lawful
128
hunting practices, or protecting against loss of that animal.
129
(b) County and municipal governments may not prohibit the use of an electronic
130
locating or training collar.
131
[(9)] (11) (a) (i) Upon conviction under this section, the court [may in its discretion, in
132
addition to other] shall order that the defendant comply with the requirements in Subsections
133
(11)(b) and (c) unless the court states on the record the reasons the court finds imposition of
134
any of the provisions to be inappropriate.
135
(ii) The court may impose any additional penalties[:] as the court finds appropriate to
136
the case before it.
137
[(a)] (b) The court shall order the defendant:
138
(i) to [be evaluated to determine the need for psychiatric or] undergo a psychological
139
[counseling, to] evaluation and receive [counseling as the court determines to be appropriate,]
140
treatment addressing the issues involved in animal abuse and to pay the costs of the evaluation
141
and [counseling] treatment to the extent the court finds the defendant is able to do so;
142
[(b) require the defendant] (ii) to forfeit any rights the defendant has to the animal
143
subjected to a violation of this section [and];
144
(iii) to repay the reasonable costs incurred by any person or agency in caring for each
145
animal subjected to violation of this section; and
146
[(c) order the defendant] (iv) to no longer possess or retain custody of any animal, as
147
specified by the court, during the period of the defendant's probation or parole or other period
148
as designated by the court[; and].
149
[(d)] (c) The court shall order the animal to be [placed] cared for or disposed of in the
150
following order of priority, with Subsection (11)(c)(i) being the first priority:
151
(i) place the animal for the purpose of adoption or care in the custody of a county and
152
municipal animal control agency[,] or an animal welfare agency registered with the state[,
153
sold];
154
(ii) sell the animal at public auction[, or humanely destroyed]; or
155
(iii) euthanize the animal humanely.
156
[(10)] (12) This section does not prohibit the use of animals in lawful training.
157
[(11) As used in this section:]
158
[(a) "Abandons" means to intentionally deposit, leave, or drop off any live animal:]
159
[(i) without providing for the care of that animal; or]
160
[(ii) in a situation where conditions present an immediate, direct, and serious threat to
161
the life, safety, or health of the animal.]
162
[(b) (i) "Animal" means a live, nonhuman vertebrate creature.]
163
[(ii) "Animal" does not include animals kept or owned for agricultural purposes and
164
cared for in accordance with accepted husbandry practices, animals used for rodeo purposes,
165
and does not include protected and unprotected wildlife as defined in Section
23-13-2
.]
166
[(c) "Custody" means ownership, possession, or control over an animal.]
167
[(d) "Legal privilege" means an act authorized by state law, including Division of
168
Wildlife Resources statutes and rules, and conducted in conformance with local ordinances.]
169
[(e) "Necessary food, care, and shelter" means appropriate and essential food and other
170
needs of the animal, including veterinary care, and adequate protection against extreme weather
171
conditions.]
172
Section 2.
Section
76-9-301.5
is amended to read:
173
76-9-301.5. Spectator at organized animal fighting exhibitions -- Penalty.
174
(1) It is unlawful for a person to knowingly be present as a spectator at any place,
175
building, or tenement where preparations are being made for an exhibition of the fighting of
176
animals, as prohibited by [Subsection] Subsections
76-9-301
[(1)](2)(e) and (f), or to be present
177
at [such] an exhibition, regardless of whether any entrance fee has been charged.
178
(2) A person who violates [this subsection] Subsection (1) is guilty of a class B
179
misdemeanor.
180
Section 3.
Section
76-9-301.6
is amended to read:
181
76-9-301.6. Dog fighting exhibition -- Authority to arrest and take possession of
182
dogs and property.
183
(1) A peace officer, as defined in Title 53, Chapter 13, Peace Officer Classifications,
184
may enter any place, building, or tenement where an exhibition of dog fighting is occurring, or
185
where preparations are being made for [such] an exhibition and, without a warrant, arrest all
186
persons present.
187
(2) (a) Notwithstanding the provisions of Section
76-9-305
, any authorized officer who
188
makes an arrest under Subsection (1) may lawfully take possession of all dogs, paraphernalia,
189
implements, or other property or things used or employed, or to be employed, in an exhibition
190
of dog fighting prohibited by Subsection
76-9-301
[(1)](2)(f) or Section
76-9-301.1
.
191
(b) The officer, at the time of the taking of property pursuant to Subsection (2)(a), shall
192
state his name and provide other identifying information to the person in charge of the dogs or
193
property taken.
194
(3) (a) After taking possession of dogs, paraphernalia, implements, or other property or
195
things under Subsection (2), the officer shall file an affidavit with the judge or magistrate
196
before whom a complaint has been made against any person arrested under this section.
197
(b) The affidavit shall include:
198
(i) the name of the person charged in the complaint;
199
(ii) a description of all property taken;
200
(iii) the time and place of the taking of the property;
201
(iv) the name of the person from whom the property was taken;
202
(v) the name of the person who claims to own the property, if known; and
203
(vi) a statement that the officer has reason to believe and believes that the property
204
taken was used or employed, or was to be used or employed, in violation of Section
76-9-301
205
or
76-9-301.1
, and the grounds for the belief.
206
(4) (a) The officer shall deliver the confiscated property to the judge or magistrate who
207
shall, by order, place the property in the custody of the officer or any other person designated in
208
the order, and that person shall keep the property until conviction or final discharge of the
209
person against whom the complaint was made.
210
(b) The person designated in Subsection (4)(a) shall assume immediate custody of the
211
property, and retain the property until further order of the court.
212
(c) Upon conviction of the person charged, all confiscated property shall be forfeited
213
and destroyed or otherwise disposed of, as the court may order.
214
(d) If the person charged is acquitted or discharged without conviction, the court shall,
215
on demand, order the property to be returned to its owner.
216
Section 4.
Section
76-9-301.7
is amended to read:
217
76-9-301.7. Cruelty to animals -- Enhanced penalties.
218
(1) "Conviction":
219
(a) means a conviction by plea [or by] of guilty, nolo contendere, guilty and mentally
220
ill, or no contest, or a verdict[.] of guilty; and
221
(b) includes a plea that is held in abeyance under Title 77, Chapter 2a, Pleas in
222
Abeyance, even if the charge has been subsequently reduced or dismissed in accordance with
223
the plea in abeyance agreement.
224
(2) A person who commits any violation of Section
76-9-301
, Section
76-9-301.5
, or
225
Subsection
76-9-301.1
(1) or (4) within the state and on at least one previous occasion has been
226
convicted of violating Section
76-9-301
, Section
76-9-301.5
, or Subsection
76-9-301.1
(1) or
227
(4) [shall be] or has been convicted in another jurisdiction of an offense that is substantially
228
similar to any of these offenses is subject to an enhanced penalty [as provided in] under
229
Subsection (3).
230
(3) The enhanced degree of offense for offenses committed under this section are:
231
(a) if the offense is a class C misdemeanor, it is a class B misdemeanor; and
232
(b) if the offense is a class B misdemeanor, it is a class A misdemeanor.
233
(4) (a) The prosecuting attorney, or grand jury if an indictment is returned, shall
234
provide written notice upon the information or indictment that the defendant is subject to an
235
enhanced degree of offense or penalty under Subsection (3). The notice shall be served upon
236
the defendant or his attorney not later than ten days prior to trial.
237
(b) If the notice is not included initially, the court may subsequently allow the
238
prosecutor to amend the charging document to include the notice if the court finds:
239
(i) that the amended charging documents, including any statement of probable cause,
240
provide notice that the defendant is subject to an enhanced penalty provided under this section;
241
and
242
(ii) that the defendant has not otherwise been substantially prejudiced by the
243
amendment.
244
Section 5.
Section
76-10-1602
is amended to read:
245
76-10-1602. Definitions.
246
As used in this part:
247
(1) "Enterprise" means any individual, sole proprietorship, partnership, corporation,
248
business trust, association, or other legal entity, and any union or group of individuals
249
associated in fact although not a legal entity, and includes illicit as well as licit entities.
250
(2) "Pattern of unlawful activity" means engaging in conduct which constitutes the
251
commission of at least three episodes of unlawful activity, which episodes are not isolated, but
252
have the same or similar purposes, results, participants, victims, or methods of commission, or
253
otherwise are interrelated by distinguishing characteristics. Taken together, the episodes shall
254
demonstrate continuing unlawful conduct and be related either to each other or to the
255
enterprise. At least one of the episodes comprising a pattern of unlawful activity shall have
256
occurred after July 31, 1981. The most recent act constituting part of a pattern of unlawful
257
activity as defined by this part shall have occurred within five years of the commission of the
258
next preceding act alleged as part of the pattern.
259
(3) "Person" includes any individual or entity capable of holding a legal or beneficial
260
interest in property, including state, county, and local governmental entities.
261
(4) "Unlawful activity" means to directly engage in conduct or to solicit, request,
262
command, encourage, or intentionally aid another person to engage in conduct which would
263
constitute any offense described by the following crimes or categories of crimes, or to attempt
264
or conspire to engage in an act which would constitute any of those offenses, regardless of
265
whether the act is in fact charged or indicted by any authority or is classified as a misdemeanor
266
or a felony:
267
(a) any act prohibited by the criminal provisions of Title 13, Chapter 10, Unauthorized
268
Recording Practices Act;
269
(b) any act prohibited by the criminal provisions of Title 19, Environmental Quality
270
Code, Sections
19-1-101
through
19-7-109
;
271
(c) taking, destroying, or possessing wildlife or parts of wildlife for the primary
272
purpose of sale, trade, or other pecuniary gain, in violation of Title 23, [Chapter 13,] Wildlife
273
Resources Code of Utah, or Section
23-20-4
;
274
(d) false claims for medical benefits, kickbacks, and any other act prohibited by False
275
Claims Act, Sections
26-20-1
through
26-20-12
;
276
(e) any act prohibited by the criminal provisions of Title 32A, Chapter 12, Criminal
277
Offenses;
278
(f) any act prohibited by the criminal provisions of Title 57, Chapter 11, Utah Uniform
279
Land Sales Practices Act;
280
(g) any act prohibited by the criminal provisions of Title 58, Chapter 37, Utah
281
Controlled Substances Act, or Title 58, Chapter 37b, Imitation Controlled Substances Act,
282
Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, or Title 58, Chapter 37d,
283
Clandestine Drug Lab Act;
284
(h) any act prohibited by the criminal provisions of Title 61, Chapter 1, Utah Uniform
285
Securities Act;
286
(i) any act prohibited by the criminal provisions of Title 63, Chapter 56, Utah
287
Procurement Code;
288
(j) assault or aggravated assault, Sections
76-5-102
and
76-5-103
;
289
(k) a terroristic threat, Section
76-5-107
;
290
(l) criminal homicide, Sections
76-5-201
,
76-5-202
, and
76-5-203
;
291
(m) kidnapping or aggravated kidnapping, Sections
76-5-301
and
76-5-302
;
292
(n) sexual exploitation of a minor, Section
76-5a-3
;
293
(o) arson or aggravated arson, Sections
76-6-102
and
76-6-103
;
294
(p) causing a catastrophe, Section
76-6-105
;
295
(q) burglary or aggravated burglary, Sections
76-6-202
and
76-6-203
;
296
(r) burglary of a vehicle, Section
76-6-204
;
297
(s) manufacture or possession of an instrument for burglary or theft, Section
76-6-205
;
298
(t) robbery or aggravated robbery, Sections
76-6-301
and
76-6-302
;
299
(u) theft, Section
76-6-404
;
300
(v) theft by deception, Section
76-6-405
;
301
(w) theft by extortion, Section
76-6-406
;
302
(x) receiving stolen property, Section
76-6-408
;
303
(y) theft of services, Section
76-6-409
;
304
(z) forgery, Section
76-6-501
;
305
(aa) fraudulent use of a credit card, Sections
76-6-506.1
,
76-6-506.2
, and
76-6-506.4
;
306
(bb) deceptive business practices, Section
76-6-507
;
307
(cc) bribery or receiving bribe by person in the business of selection, appraisal, or
308
criticism of goods, Section
76-6-508
;
309
(dd) bribery of a labor official, Section
76-6-509
;
310
(ee) defrauding creditors, Section
76-6-511
;
311
(ff) acceptance of deposit by insolvent financial institution, Section
76-6-512
;
312
(gg) unlawful dealing with property by fiduciary, Section
76-6-513
;
313
(hh) bribery or threat to influence contest, Section
76-6-514
;
314
(ii) making a false credit report, Section
76-6-517
;
315
(jj) criminal simulation, Section
76-6-518
;
316
(kk) criminal usury, Section
76-6-520
;
317
(ll) fraudulent insurance act, Section
76-6-521
;
318
(mm) computer crimes, Section
76-6-703
;
319
(nn) identity fraud, Section
76-6-1102
;
320
(oo) sale of a child, Section
76-7-203
;
321
(pp) bribery to influence official or political actions, Section
76-8-103
;
322
(qq) threats to influence official or political action, Section
76-8-104
;
323
(rr) receiving bribe or bribery by public servant, Section
76-8-105
;
324
(ss) receiving bribe or bribery for endorsement of person as public servant, Section
325
76-8-106
;
326
(tt) official misconduct, Sections
76-8-201
and
76-8-202
;
327
(uu) obstruction of justice, Section
76-8-306
;
328
(vv) acceptance of bribe or bribery to prevent criminal prosecution, Section
76-8-308
;
329
(ww) false or inconsistent material statements, Section
76-8-502
;
330
(xx) false or inconsistent statements, Section
76-8-503
;
331
(yy) written false statements, Section
76-8-504
;
332
(zz) tampering with a witness or soliciting or receiving a bribe, Section
76-8-508
;
333
(aaa) retaliation against a witness, victim, or informant, Section
76-8-508.3
;
334
(bbb) extortion or bribery to dismiss criminal proceeding, Section
76-8-509
;
335
(ccc) public assistance fraud in violation of Section
76-8-1203
,
76-8-1204
, or
336
76-8-1205
;
337
(ddd) unemployment insurance fraud, Section
76-8-1301
;
338
(eee) intentionally or knowingly causing one animal to fight with another, Subsection
339
76-9-301
[(1)(f)](2)(e) or (f) or Section
76-9-301.1
;
340
(fff) possession, use, or removal of explosives, chemical, or incendiary devices or
341
parts, Section
76-10-306
;
342
(ggg) delivery to common carrier, mailing, or placement on premises of an incendiary
343
device, Section
76-10-307
;
344
(hhh) possession of a deadly weapon with intent to assault, Section
76-10-507
;
345
(iii) unlawful marking of pistol or revolver, Section
76-10-521
;
346
(jjj) alteration of number or mark on pistol or revolver, Section
76-10-522
;
347
(kkk) forging or counterfeiting trademarks, trade name, or trade device, Section
348
76-10-1002
;
349
(lll) selling goods under counterfeited trademark, trade name, or trade devices, Section
350
76-10-1003
;
351
(mmm) sales in containers bearing registered trademark of substituted articles, Section
352
76-10-1004
;
353
(nnn) selling or dealing with article bearing registered trademark or service mark with
354
intent to defraud, Section
76-10-1006
;
355
(ooo) gambling, Section
76-10-1102
;
356
(ppp) gambling fraud, Section
76-10-1103
;
357
(qqq) gambling promotion, Section
76-10-1104
;
358
(rrr) possessing a gambling device or record, Section
76-10-1105
;
359
(sss) confidence game, Section
76-10-1109
;
360
(ttt) distributing pornographic material, Section
76-10-1204
;
361
(uuu) inducing acceptance of pornographic material, Section
76-10-1205
;
362
(vvv) dealing in harmful material to a minor, Section
76-10-1206
;
363
(www) distribution of pornographic films, Section
76-10-1222
;
364
(xxx) indecent public displays, Section
76-10-1228
;
365
(yyy) prostitution, Section
76-10-1302
;
366
(zzz) aiding prostitution, Section
76-10-1304
;
367
(aaaa) exploiting prostitution, Section
76-10-1305
;
368
(bbbb) aggravated exploitation of prostitution, Section
76-10-1306
;
369
(cccc) communications fraud, Section
76-10-1801
;
370
(dddd) any act prohibited by the criminal provisions of Title 76, Chapter 10, Part 19,
371
Money Laundering and Currency Transaction Reporting Act;
372
(eeee) any act prohibited by the criminal provisions of the laws governing taxation in
373
this state; and
374
(ffff) any act illegal under the laws of the United States and enumerated in Title 18,
375
Section 1961 (1)(B), (C), and (D) of the United States Code.
Legislative Review Note
as of 9-13-05 2:36 PM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.