HF 1142

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  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 1998, sections 
  1.6             343.20, subdivision 3, and by adding subdivisions; and 
  1.7             343.21, subdivisions 2, 7, 10, and by adding 
  1.8             subdivisions; repealing Minnesota Statutes 1998, 
  1.9             sections 343.21, subdivisions 1 and 9; and 346.57. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1998, section 343.20, 
  1.12  subdivision 3, is amended to read: 
  1.13     Subd. 3.  [TORTURE; CRUELTY.] (a) "Torture" or "Cruelty" 
  1.14  means 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     Unless gross negligence can be shown, cruelty does not 
  1.18  include: 
  1.19     (1) commonly accepted veterinary procedures performed by a 
  1.20  licensed veterinarian; 
  1.21     (2) lawful slaughtering of animals; 
  1.22     (3) scientific research activities performed in accordance 
  1.23  with federal and state laws and regulations by licensed or 
  1.24  registered facilities; 
  1.25     (4) commonly accepted humane animal husbandry practices; or 
  1.26     (5) the taking of wild animals in accordance with state, 
  1.27  federal, or local laws. 
  2.1      (b) The taking of wild animals in violation of federal, 
  2.2   state, or local laws is not prima facie evidence of cruelty to 
  2.3   animals. 
  2.4      Sec. 2.  Minnesota Statutes 1998, section 343.20, is 
  2.5   amended by adding a subdivision to read: 
  2.6      Subd. 6.  [NECESSARY FOOD.] "Necessary food" means 
  2.7   wholesome food suitable for an animal's age and species, 
  2.8   provided in sufficient quantity and quality and at suitable 
  2.9   intervals to allow for growth of the animal or the maintenance 
  2.10  of its normal body weight. 
  2.11     Sec. 3.  Minnesota Statutes 1998, section 343.20, is 
  2.12  amended by adding a subdivision to read: 
  2.13     Subd. 7.  [NECESSARY WATER.] "Necessary water" means clean, 
  2.14  fresh, potable water provided in a sanitary manner to satisfy an 
  2.15  animal's needs.  Snow and ice are not adequate sources of 
  2.16  necessary water. 
  2.17     Sec. 4.  Minnesota Statutes 1998, section 343.20, is 
  2.18  amended by adding a subdivision to read: 
  2.19     Subd. 8.  [NECESSARY SHELTER.] "Necessary shelter" means 
  2.20  protection from adverse weather conditions, including direct 
  2.21  rays of the sun in extreme heat, or cold, wind, or 
  2.22  precipitation, as required to maintain the health and comfort of 
  2.23  an animal. 
  2.24     Sec. 5.  Minnesota Statutes 1998, section 343.20, is 
  2.25  amended by adding a subdivision to read: 
  2.26     Subd. 9.  [BODILY HARM; SUBSTANTIAL BODILY HARM; GREAT 
  2.27  BODILY HARM.] "Bodily harm," "substantial bodily harm," and 
  2.28  "great bodily harm" have the meanings given them in section 
  2.29  609.02, subdivisions 7, 7a, and 8. 
  2.30     Sec. 6.  Minnesota Statutes 1998, section 343.21, 
  2.31  subdivision 2, is amended to read: 
  2.32     Subd. 2.  [NOURISHMENT; SHELTER; REST.] No person shall 
  2.33  deprive any animal over which the person has ownership, custody, 
  2.34  charge, or control of necessary food, water, or shelter, or 
  2.35  rest, or overdrive, overload, or cruelly work an animal when it 
  2.36  is unfit for labor. 
  3.1      Sec. 7.  Minnesota Statutes 1998, section 343.21, 
  3.2   subdivision 7, is amended to read: 
  3.3      Subd. 7.  [CRUELTY.] No person shall willfully, 
  3.4   intentionally, or negligently instigate or in any way further 
  3.5   any act of cruelty to any animal or animals, or any act or 
  3.6   omission tending to produce cruelty to animals. 
  3.7      Sec. 8.  Minnesota Statutes 1998, section 343.21, is 
  3.8   amended by adding a subdivision to read: 
  3.9      Subd. 8a.  [DOGS AND CATS IN MOTOR VEHICLES.] A person may 
  3.10  not leave a dog or cat unattended in a standing or parked motor 
  3.11  vehicle in a manner that endangers the dog's or cat's health or 
  3.12  safety.  A peace officer, as defined in section 626.84, a humane 
  3.13  agent, an animal control officer, or a volunteer or professional 
  3.14  member of a fire or rescue department of a political subdivision 
  3.15  may use reasonable force to enter a motor vehicle and remove a 
  3.16  dog or cat that has been left in the vehicle in violation of 
  3.17  this subdivision.  The officer, agent, or member removing a dog 
  3.18  or cat under this subdivision shall use reasonable means to 
  3.19  communicate with the owner of the dog or cat to arrange for its 
  3.20  return home.  If the officer, agent, or member removing a dog or 
  3.21  cat under this subdivision is unable to communicate with the 
  3.22  owner, the person may take the dog or cat to an animal shelter, 
  3.23  or, if the animal is in distress, to a licensed veterinarian. 
  3.24     Sec. 9.  Minnesota Statutes 1998, section 343.21, is 
  3.25  amended by adding a subdivision to read: 
  3.26     Subd. 9a.  [PENALTY.] (a) A violation of subdivision 2 or 7 
  3.27  that results in great bodily harm or death is a felony.  Each 
  3.28  violation involving each separate animal is a separate felony.  
  3.29  A person guilty of a violation of subdivision 2 or 7 may be 
  3.30  sentenced to imprisonment for not more than five years or to 
  3.31  payment of a fine of not more than $10,000, or both. 
  3.32     (b) A violation of subdivision 2 or 7 that results in 
  3.33  substantial bodily harm is a gross misdemeanor.  Each violation 
  3.34  involving each separate animal is a separate gross misdemeanor.  
  3.35  A person convicted of a second or subsequent violation under 
  3.36  this paragraph within three years of a previous violation is 
  4.1   guilty of a felony and may be sentenced to imprisonment for not 
  4.2   more than five years or to payment of a fine of not more than 
  4.3   $10,000, or both. 
  4.4      (c) A violation of subdivision 2 or 7 that results in 
  4.5   bodily harm is a misdemeanor.  Each violation involving each 
  4.6   separate animal is a separate misdemeanor.  A person convicted 
  4.7   of a second or subsequent violation under this paragraph within 
  4.8   three years of a previous violation is guilty of a gross 
  4.9   misdemeanor. 
  4.10     (d) A violation of subdivision 3, 4, 5, 6, 8, or 8a is a 
  4.11  misdemeanor.  Each violation involving each separate animal is a 
  4.12  separate misdemeanor.  A person convicted of a second or 
  4.13  subsequent violation under this paragraph within three years of 
  4.14  a previous violation is guilty of a gross misdemeanor. 
  4.15     (e) For the purposes of paragraphs (b) to (d), a second or 
  4.16  subsequent violation does not include multiple violations 
  4.17  involving separate animals arising from the same course of 
  4.18  conduct.  
  4.19     Sec. 10.  Minnesota Statutes 1998, section 343.21, 
  4.20  subdivision 10, is amended to read: 
  4.21     Subd. 10.  [RESTRICTIONS.] If a person is convicted of 
  4.22  violating this section, the court shall require that pet or 
  4.23  companion animals, as defined in section 346.36, subdivision 6, 
  4.24  that have not been seized by a peace officer or agent and are in 
  4.25  the custody of the person must be turned over to a peace officer 
  4.26  or other appropriate officer or agent unless the court 
  4.27  determines that the person is able and fit to provide adequately 
  4.28  for an animal.  If the evidence indicates lack of proper and 
  4.29  reasonable care of an animal, the burden is on the person to 
  4.30  affirmatively demonstrate by clear and convincing evidence that 
  4.31  the person is able and fit to have custody of and provide 
  4.32  adequately for an animal.  The court may shall limit the 
  4.33  person's further possession or custody of pet or companion 
  4.34  animals, an animal and may shall impose other conditions the 
  4.35  court considers appropriate, including, but not limited to: 
  4.36     (1) imposing a probation period during which the person may 
  5.1   not have ownership, custody, or control of a pet or companion an 
  5.2   animal; 
  5.3      (2) requiring periodic visits of the person by an animal 
  5.4   control officer or agent appointed pursuant to section 343.01, 
  5.5   subdivision 1; 
  5.6      (3) requiring performance by the person of community 
  5.7   service, but not in a humane facility; and 
  5.8      (4) requiring the person to receive psychological or 
  5.9   behavioral counseling. 
  5.10     Sec. 11.  [REPEALER.] 
  5.11     Minnesota Statutes 1998, sections 343.21, subdivisions 1 
  5.12  and 9; and 346.57, are repealed.