Minnesota Legislature
HF 1869
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 03/16/2005 |
Current Version - as introduced
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A bill for an act
relating to animals; providing criminal penalties for
activities related to cockfighting, dogfighting, and
fighting of other domestic animals; creating
procedures for disposition and care of the animals;
providing for hearings; clarifying admissibility of
certain evidence; amending Minnesota Statutes 2004,
section 343.31.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, section 343.31, is
amended to read:
343.31 ANIMAL FIGHTS deleted text begin PROHIBITED deleted text end new text begin AND POSSESSION OF FIGHTING
ANIMALSnew text end .
new text begin Subdivision 1. new text end
new text begin
Penalty for animal fighting; attending
animal fight.
new text end
deleted text begin Any deleted text end new text begin A new text end person whonew text begin :
new text end
(1) promotes deleted text begin or deleted text end new text begin ,new text end engages in, or is employed deleted text begin at deleted text end new text begin in new text end the
activity of cockfighting, dogfighting, or violent pitting of one
domestic animal against another of the same or a different kind;
deleted text begin
or
deleted text end
(2) receives money for the admission of deleted text begin any deleted text end new text begin a new text end person to deleted text begin any
deleted text end new text begin
a new text end place used, or about to be used, for that activity; deleted text begin or
deleted text end
(3) willfully permits deleted text begin any deleted text end new text begin a new text end person to enter or use for that
activity premises of which the permitter is the owner, agent, or
occupant; or
(4) uses, trainsnew text begin ,new text end or possesses a dog or other animal for
the purpose of participating in, engaging innew text begin ,new text end or promoting that
activity
is guilty of a felony. deleted text begin Any deleted text end new text begin A new text end person who purchases a ticket of
admission or otherwise gains admission to that activity is
guilty of a misdemeanor.
new text begin Subd. 2. new text end
new text begin Penalty for possessing a fighting dog. new text end
new text begin
It is a
gross misdemeanor for a person to own, possess, or have custody
of a dog that has been trained or is being trained for use in
dog fights. It is conclusive that a dog has been trained or is
being trained to fight if:
new text end
new text begin
(1) the dog exhibits fresh wounds, scarring, or other
indications that the dog has been or will be used for fighting;
and
new text end
new text begin
(2) the person possesses training apparatus, paraphernalia,
or drugs known to be used to prepare dogs to be fought.
new text end
new text begin Subd. 3. new text end
new text begin Affirmative defense. new text end
new text begin
It is an affirmative
defense to prosecution, if it is proven by a preponderance of
the evidence, that:
new text end
new text begin
(1) the person does not use the dog in dog fighting or
train the dog to be used in dog fighting; and
new text end
new text begin
(2) drugs, accompanying drug paraphernalia, or exercise
equipment found in the person's possession are used solely to
maintain the health of the dog.
new text end
new text begin Subd. 4. new text end
new text begin Penalty for possessing fighting birds. new text end
new text begin
It is a
gross misdemeanor for a person to own, possess, or have custody
of a cock or other type of bird that has been trained or is
being trained for use in bird fights. It is conclusive that a
bird has been trained or is being trained to fight if:
new text end
new text begin
(1) the bird exhibits fresh wounds, scarring, or other
indications that the bird has been or will be used for fighting;
and
new text end
new text begin
(2) the person possesses training apparatus, paraphernalia,
or drugs known to be used to prepare birds to be fought.
new text end
new text begin Subd. 5. new text end
new text begin Affirmative defense. new text end
new text begin
It is an affirmative
defense to prosecution, if it is proven by a preponderance of
the evidence, that:
new text end
new text begin
(1) the person does not use the bird in bird fighting or
train the bird to be used in bird fighting; and
new text end
new text begin
(2) drugs, accompanying drug paraphernalia, or exercise
equipment found in the person's possession are used solely to
maintain the health of the bird.
new text end
new text begin Subd. 6. new text end
new text begin Peace officer duties. new text end
new text begin
Animals described in
subdivisions 2 and 4 are dangerous weapons and constitute an
immediate danger to the safety of humans. A peace officer or
animal control authority may remove, shelter, and care for an
animal found in the circumstances described in subdivision 2 or
4. If necessary, a peace officer or animal control authority
may deliver the animal to another person to be sheltered and
cared for. In all cases, the peace officer must immediately
notify the owner, if known, as provided in subdivision 7. The
peace officer, animal control authority, or other person
assuming care of the animal shall have a lien on it for the
actual cost of care and keeping of the animal. If the owner or
custodian is unknown and cannot by reasonable effort be
ascertained, or does not, within ten days after notice, redeem
the animal by paying the expenses authorized by this
subdivision, the animal may be disposed of as provided in
subdivision 7.
new text end
new text begin Subd. 7. new text end
new text begin Disposition. new text end
new text begin
(a) An animal taken into custody
under subdivision 6 may be humanely disposed of at the
discretion of the jurisdiction having custody of the animal ten
days after the animal is taken into custody, if the procedures
in paragraph (c) are followed.
new text end
new text begin
(b) The owner of an animal taken into custody under
subdivision 6 may prevent disposition of the animal by posting
security in an amount sufficient to provide for the actual costs
of care and keeping of the animal. The security must be posted
within ten days of the seizure inclusive of the date of the
seizure.
new text end
new text begin
(c)(1) The authority taking custody of an animal under
subdivision 6 must give notice of this section by delivering or
mailing it to the owner of the animal, posting a copy of it at
the place where the animal is taken into custody, or delivering
it to a person residing on the property and telephoning, if
possible. The notice must include:
new text end
new text begin
(i) a description of the animal seized; the authority and
purpose for the seizure; the time, place, and circumstances
under which the animal was seized; and the location, address,
telephone number, and contact person where the animal is kept;
new text end
new text begin
(ii) a statement that the owner of the animal may post
security to prevent disposition of the animal and may request a
hearing concerning the seizure and impoundment and that failure
to do so within ten days of the date of the notice will result
in disposition of the animal; and
new text end
new text begin
(iii) a statement that all actual costs of the care,
keeping, and disposal of the animal are the responsibility of
the owner of the animal, except to the extent that a court or
hearing officer finds that the seizure or impoundment was not
substantially justified by law. The notice must also include a
form that can be used by a person claiming an interest in the
animal for requesting a hearing.
new text end
new text begin
(2) The owner may request a hearing within ten days of the
date of the seizure. If requested, a hearing must be held
within five business days of the request to determine the
validity of the impoundment. The municipality taking custody of
the animal or the municipality from which the animal was seized
may either (i) authorize a licensed veterinarian with no
financial interest in the matter or professional association
with either party, or (ii) use the services of a hearing officer
to conduct the hearing. An owner may appeal the hearing
officer's decision to the district court within five days of the
notice of the decision.
new text end
new text begin
(3) The judge or hearing officer may authorize the return
of the animal if the judge or hearing officer finds that (i) the
animal is physically fit; (ii) the person claiming an interest
in the animal can and will provide the care required by law for
the animal; and (iii) the animal has not been used for violent
pitting or fighting.
new text end
new text begin
(4) The person claiming an interest in the animal is liable
for all actual costs of care, keeping, and disposal of the
animal, except to the extent that a court or hearing officer
finds that the seizure or impoundment was not substantially
justified by law. The costs must be paid in full or a mutually
satisfactory arrangement for payment must be made between the
municipality and the person claiming an interest in the animal
before the return of the animal to the person.
new text end
new text begin Subd. 8. new text end
new text begin Photographs. new text end
new text begin
(a) Photographs of animals seized
during an investigation are competent evidence if the
photographs are admissible into evidence under all the rules of
law governing the admissibility of photographs into evidence. A
satisfactorily identified photographic record is as admissible
in evidence as the animal itself.
new text end
new text begin
(b) A photograph must be accompanied by a written
description of the animals seized, the name of the owner of the
animals seized, the date of the photograph, and the signature of
the photographer.
new text end
new text begin Subd. 9. new text end
new text begin Veterinary investigative report. new text end
new text begin
(a) A report
completed by a Minnesota licensed veterinarian following an
examination of an animal seized during an investigation is
competent evidence. A satisfactorily identified veterinary
investigative report is as admissible in evidence as the animal
itself.
new text end
new text begin
(b) The veterinary investigative report may contain a
written description of the animal seized, the medical evaluation
of the physical findings, the prognosis for recovery, and the
date of the examination and must contain the signature of the
veterinarian performing the examination.
new text end