SF 197

3rd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; imposing a felony 
  1.3             penalty for aggravated cruelty to pet or companion 
  1.4             animals; amending Minnesota Statutes 2000, sections 
  1.5             343.20, by adding subdivisions; and 343.21, 
  1.6             subdivisions 9 and 10. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 343.20, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 6.  [PET OR COMPANION ANIMAL.] "Pet or companion 
  1.11  animal" includes any animal owned, possessed by, cared for, or 
  1.12  controlled by a person for the present or future enjoyment of 
  1.13  that person or another as a pet or companion; or any stray pet 
  1.14  or stray companion animal. 
  1.15     Sec. 2.  Minnesota Statutes 2000, section 343.20, is 
  1.16  amended by adding a subdivision to read: 
  1.17     Subd. 7.  [SUBSTANTIAL BODILY HARM.] "Substantial bodily 
  1.18  harm" means bodily injury which involves a temporary but 
  1.19  substantial disfigurement, or which causes a temporary but 
  1.20  substantial loss or impairment of the function of any bodily 
  1.21  member or organ, or which causes a fracture of any bodily member 
  1.22  to a pet or companion animal. 
  1.23     Sec. 3.  Minnesota Statutes 2000, section 343.20, is 
  1.24  amended by adding a subdivision to read: 
  1.25     Subd. 8.  [GREAT BODILY HARM.] "Great bodily harm" means 
  1.26  bodily injury which creates a high probability of death, or 
  2.1   which causes serious permanent disfigurement, or which causes a 
  2.2   permanent or protracted loss or impairment of the function of 
  2.3   any bodily member or organ, or other serious bodily harm to a 
  2.4   pet or companion animal. 
  2.5      Sec. 4.  Minnesota Statutes 2000, section 343.21, 
  2.6   subdivision 9, is amended to read: 
  2.7      Subd. 9.  [PENALTY.] (a) Except as otherwise provided in 
  2.8   this subdivision, a person who fails to comply with any 
  2.9   provision of this section is guilty of a misdemeanor.  A person 
  2.10  convicted of a second or subsequent violation of subdivision 1 
  2.11  or 7 within five years of a previous violation of subdivision 1 
  2.12  or 7 is guilty of a gross misdemeanor. 
  2.13     (b) A person who intentionally violates subdivision 1 or 7 
  2.14  where the violation results in substantial bodily harm to a pet 
  2.15  or companion animal may be sentenced to imprisonment for not 
  2.16  more than one year or to payment of a fine of not more than 
  2.17  $3,000, or both. 
  2.18     (c) A person convicted of violating paragraph (b) within 
  2.19  five years of a previous gross misdemeanor or felony conviction 
  2.20  for violating this section may be sentenced to imprisonment for 
  2.21  not more than two years or to payment of a fine of not more than 
  2.22  $5,000, or both. 
  2.23     (d) A person who intentionally violates subdivision 1 or 7 
  2.24  where the violation results in death or great bodily harm to a 
  2.25  pet or companion animal may be sentenced to imprisonment for not 
  2.26  more than two years or to payment of a fine of not more than 
  2.27  $5,000, or both. 
  2.28     Sec. 5.  Minnesota Statutes 2000, section 343.21, 
  2.29  subdivision 10, is amended to read: 
  2.30     Subd. 10.  [RESTRICTIONS.] If a person is convicted of 
  2.31  violating this section, the court shall require that pet or 
  2.32  companion animals, as defined in section 346.36, subdivision 6, 
  2.33  that have not been seized by a peace officer or agent and are in 
  2.34  the custody or control of the person must be turned over to a 
  2.35  peace officer or other appropriate officer or agent unless the 
  2.36  court determines that the person is able and fit to provide 
  3.1   adequately for an animal.  If the evidence indicates lack of 
  3.2   proper and reasonable care of an animal, the burden is on the 
  3.3   person to affirmatively demonstrate by clear and convincing 
  3.4   evidence that the person is able and fit to have custody of and 
  3.5   provide adequately for an animal.  The court may limit the 
  3.6   person's further possession or custody of pet or companion 
  3.7   animals, and may impose other conditions the court considers 
  3.8   appropriate, including, but not limited to: 
  3.9      (1) imposing a probation period during which the person may 
  3.10  not have ownership, custody, or control of a pet or companion 
  3.11  animal; 
  3.12     (2) requiring periodic visits of the person by an animal 
  3.13  control officer or agent appointed pursuant to section 343.01, 
  3.14  subdivision 1; 
  3.15     (3) requiring performance by the person of community 
  3.16  service in a humane facility; and 
  3.17     (4) requiring the person to receive psychological, 
  3.18  behavioral, or other counseling. 
  3.19     Sec. 6.  [EFFECTIVE DATE.] 
  3.20     Sections 1 to 5 are effective August 1, 2001, and apply to 
  3.21  crimes committed on or after that date.