1.1                          A bill for an act 
  1.2             relating to animals; increasing certain penalties for 
  1.3             cruelty to animals; defining acts or omissions 
  1.4             constituting cruelty or abuse; imposing criminal 
  1.5             penalties; amending Minnesota Statutes 1996, sections 
  1.6             343.20, subdivision 3, and by adding subdivisions; 
  1.7             343.21, subdivisions 1, 2, 7, 10, and by adding 
  1.8             subdivisions; and 343.27; repealing Minnesota Statutes 
  1.9             1996, sections 343.21, subdivision 9; and 346.57. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1996, section 343.20, 
  1.12  subdivision 3, is amended to read: 
  1.13     Subd. 3.  [TORTURE; CRUELTY.] "Torture" or "cruelty" means 
  1.14  every act, omission, or neglect which causes or permits 
  1.15  unnecessary or unjustifiable pain, suffering, bodily harm, 
  1.16  substantial bodily harm, great bodily harm, or death.  
  1.17     Sec. 2.  Minnesota Statutes 1996, section 343.20, is 
  1.18  amended by adding a subdivision to read: 
  1.19     Subd. 6.  [NECESSARY FOOD.] "Necessary food" means 
  1.20  wholesome food suitable for an animal's age and species, 
  1.21  provided in sufficient quantity and quality and at suitable 
  1.22  intervals to allow for normal growth of the animal or the normal 
  1.23  maintenance of its body weight. 
  1.24     Sec. 3.  Minnesota Statutes 1996, section 343.20, is 
  1.25  amended by adding a subdivision to read: 
  1.26     Subd. 7.  [NECESSARY WATER.] "Necessary water" means clean, 
  1.27  fresh, potable water, provided in a sanitary manner to satisfy 
  2.1   an animal's needs.  Snow and ice are not adequate sources of 
  2.2   necessary water. 
  2.3      Sec. 4.  Minnesota Statutes 1996, section 343.20, is 
  2.4   amended by adding a subdivision to read: 
  2.5      Subd. 8.  [NECESSARY SHELTER.] "Necessary shelter" means 
  2.6   protection from heat, cold, wind, direct and prolonged exposure 
  2.7   to the rays of the sun, and other elements provided as required 
  2.8   to maintain the health and comfort of an animal. 
  2.9      Sec. 5.  Minnesota Statutes 1996, section 343.20, is 
  2.10  amended by adding a subdivision to read: 
  2.11     Subd. 9.  [BODILY HARM.] "Bodily harm" means physical pain 
  2.12  or injury, illness, or other impairment of physical condition. 
  2.13     Sec. 6.  Minnesota Statutes 1996, section 343.20, is 
  2.14  amended by adding a subdivision to read: 
  2.15     Subd. 10.  [SUBSTANTIAL BODILY HARM.] "Substantial bodily 
  2.16  harm" means bodily injury that involves a temporary but 
  2.17  substantial injury, illness, or disfigurement, or that causes a 
  2.18  temporary but substantial loss or impairment of the function of 
  2.19  a bodily member or organ, or that causes a fracture of a bone. 
  2.20     Sec. 7.  Minnesota Statutes 1996, section 343.20, is 
  2.21  amended by adding a subdivision to read: 
  2.22     Subd. 11.  [GREAT BODILY HARM.] "Great bodily harm" means 
  2.23  bodily injury that results in a high probability of death or 
  2.24  that causes serious permanent disfigurement, a permanent or 
  2.25  protracted loss or impairment of the function of a bodily member 
  2.26  or organ, or other serious bodily harm. 
  2.27     Sec. 8.  Minnesota Statutes 1996, section 343.21, 
  2.28  subdivision 1, is amended to read: 
  2.29     Subdivision 1.  [TORTURE.] No person shall overdrive, 
  2.30  overload, torture, cruelly beat, neglect, or unjustifiably 
  2.31  injure, maim, mutilate, inflict great bodily harm on, or kill 
  2.32  any animal, or cruelly work any animal when it is unfit for 
  2.33  labor, whether it belongs to that person or to another 
  2.34  person.  No person shall procure or permit to be done any of the 
  2.35  acts or omissions prescribed by this subdivision. 
  2.36     Sec. 9.  Minnesota Statutes 1996, section 343.21, 
  3.1   subdivision 2, is amended to read: 
  3.2      Subd. 2.  [NOURISHMENT; SHELTER; REST.] No person shall 
  3.3   deprive any animal over which the person has ownership, custody, 
  3.4   charge, or control of necessary food, water, or shelter, or 
  3.5   rest, or overdrive, overload, or cruelly work an animal when it 
  3.6   is unfit for labor. 
  3.7      Sec. 10.  Minnesota Statutes 1996, section 343.21, 
  3.8   subdivision 7, is amended to read: 
  3.9      Subd. 7.  [CRUELTY.] No person shall willfully, 
  3.10  maliciously, intentionally, or negligently instigate or in any 
  3.11  way further any act of cruelty to any animal or animals, or any 
  3.12  act or omission tending to produce cruelty to animals. 
  3.13     Sec. 11.  Minnesota Statutes 1996, section 343.21, is 
  3.14  amended by adding a subdivision to read: 
  3.15     Subd. 8a.  [DOGS AND CATS IN MOTOR VEHICLES.] A person may 
  3.16  not leave a dog or cat unattended in a standing or parked motor 
  3.17  vehicle in a manner that endangers the dog's or cat's health or 
  3.18  safety.  A peace officer, as defined in section 626.84, a humane 
  3.19  agent, an animal control officer, or a volunteer or professional 
  3.20  member of a fire or rescue department of a political subdivision 
  3.21  may use reasonable force to enter a motor vehicle and remove a 
  3.22  dog or cat that has been left in the vehicle in violation of 
  3.23  this subdivision.  A person removing a dog or cat under this 
  3.24  subdivision shall use reasonable means to communicate with the 
  3.25  owner of the dog or cat to arrange for its return home.  If the 
  3.26  person is unable to communicate with the owner, the person may 
  3.27  take the dog or cat to an animal shelter. 
  3.28     Sec. 12.  Minnesota Statutes 1996, section 343.21, is 
  3.29  amended by adding a subdivision to read: 
  3.30     Subd. 9a.  [PENALTY.] (a) A violation of subdivision 1 is a 
  3.31  felony.  Each violation involving each separate animal is a 
  3.32  separate felony.  A person guilty of a violation of subdivision 
  3.33  1 may be sentenced to imprisonment for not more than 15 years or 
  3.34  be fined a maximum of $25,000, or both. 
  3.35     (b) A violation of subdivision 2 or 7 that results in great 
  3.36  bodily harm or death is a felony.  Each violation involving each 
  4.1   separate animal is a separate felony.  A person guilty of a 
  4.2   violation of subdivision 2 or 7 may be sentenced to imprisonment 
  4.3   for not more than 15 years or be fined a maximum of $25,000, or 
  4.4   both. 
  4.5      (c) A violation of subdivision 2 or 7 that results in 
  4.6   substantial bodily harm is a gross misdemeanor.  Each violation 
  4.7   involving each separate animal is a separate gross misdemeanor.  
  4.8   A person convicted of a second or subsequent violation under 
  4.9   this paragraph within three years of a previous violation is 
  4.10  guilty of a felony. 
  4.11     (d) A violation of subdivision 2 or 7 that results in 
  4.12  bodily harm is a misdemeanor.  Each violation involving each 
  4.13  separate animal is a separate misdemeanor.  A person convicted 
  4.14  of a second or subsequent violation under this paragraph within 
  4.15  three years of a previous violation is guilty of a gross 
  4.16  misdemeanor. 
  4.17     (e) A violation of subdivision 3, 4, 5, 6, 8, or 8a is a 
  4.18  misdemeanor.  Each violation involving each separate animal is a 
  4.19  separate misdemeanor.  A person convicted of a second or 
  4.20  subsequent violation under this paragraph within three years of 
  4.21  a previous violation is guilty of a gross misdemeanor. 
  4.22     Sec. 13.  Minnesota Statutes 1996, section 343.21, 
  4.23  subdivision 10, is amended to read: 
  4.24     Subd. 10.  [RESTRICTIONS.] If a person is convicted of 
  4.25  violating this section, the court shall require that pet or 
  4.26  companion animals, as defined in section 346.36, subdivision 6, 
  4.27  that have not been seized by a peace officer or agent and are in 
  4.28  the custody of the person must be turned over to a peace officer 
  4.29  or other appropriate officer or agent unless the court 
  4.30  determines that the person is able and fit to provide adequately 
  4.31  for an animal.  If the evidence indicates lack of proper and 
  4.32  reasonable care of an animal, the burden is on the person to 
  4.33  affirmatively demonstrate by clear and convincing evidence that 
  4.34  the person is able and fit to have custody of and provide 
  4.35  adequately for an animal.  The court may shall limit the 
  4.36  person's further possession or custody of pet or companion 
  5.1   animals, an animal and may shall impose other conditions the 
  5.2   court considers appropriate, including, but not limited to: 
  5.3      (1) imposing a probation period during which the person may 
  5.4   not have ownership, custody, or control of a pet or companion an 
  5.5   animal; 
  5.6      (2) requiring periodic visits of the person by an animal 
  5.7   control officer or agent appointed pursuant to section 343.01, 
  5.8   subdivision 1; 
  5.9      (3) requiring performance by the person of community 
  5.10  service, but not in a humane facility; and 
  5.11     (4) requiring the person to receive psychological or 
  5.12  behavioral counseling at the person's expense. 
  5.13     Sec. 14.  Minnesota Statutes 1996, section 343.27, is 
  5.14  amended to read: 
  5.15     343.27 [POISONING ANIMALS.] 
  5.16     Any person who unjustifiably administers any poisonous, or 
  5.17  noxious drug or substance to any animal, or procures or permits 
  5.18  it to be done, or unjustifiably exposes that drug or substance 
  5.19  with intent that the drug be taken by any animal, whether the 
  5.20  animal is the property of the person or another, is guilty of a 
  5.21  gross misdemeanor.  If great bodily harm or death results, the 
  5.22  person is guilty of a felony. 
  5.23     Sec. 15.  [REPEALER.] 
  5.24     Minnesota Statutes 1996, sections 343.21, subdivision 9; 
  5.25  and 346.57, are repealed.