SF 2066

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to animals; providing criminal penalties for 
  1.3             activities related to cockfighting, dogfighting, and 
  1.4             fighting of other domestic animals; creating 
  1.5             procedures for disposition and care of the animals; 
  1.6             providing for hearings; clarifying admissibility of 
  1.7             certain evidence; amending Minnesota Statutes 2004, 
  1.8             section 343.31. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2004, section 343.31, is 
  1.11  amended to read: 
  1.12     343.31 [ANIMAL FIGHTS PROHIBITED AND POSSESSION OF FIGHTING 
  1.13  ANIMALS.] 
  1.14     Subdivision 1.  [PENALTY FOR ANIMAL FIGHTING; ATTENDING 
  1.15  ANIMAL FIGHT.] Any A person who: 
  1.16     (1) promotes or, engages in, or is employed at in the 
  1.17  activity of cockfighting, dogfighting, or violent pitting of one 
  1.18  domestic animal against another of the same or a different kind; 
  1.19  or 
  1.20     (2) receives money for the admission of any a person to any 
  1.21  a place used, or about to be used, for that activity; or 
  1.22     (3) willfully permits any a person to enter or use for that 
  1.23  activity premises of which the permitter is the owner, agent, or 
  1.24  occupant; or 
  1.25     (4) uses, trains, or possesses a dog or other animal for 
  1.26  the purpose of participating in, engaging in, or promoting that 
  1.27  activity 
  2.1   is guilty of a felony.  Any A person who purchases a ticket of 
  2.2   admission or otherwise gains admission to that activity is 
  2.3   guilty of a misdemeanor. 
  2.4      Subd. 2.  [PENALTY FOR POSSESSING A FIGHTING DOG.] It is a 
  2.5   gross misdemeanor for a person to own, possess, or have custody 
  2.6   of a dog that has been trained or is being trained for use in 
  2.7   dog fights.  There is a rebuttable presumption that a dog has 
  2.8   been trained or is being trained to fight if: 
  2.9      (1) the dog exhibits fresh wounds, scarring, or other 
  2.10  indications that the dog has been or will be used for fighting; 
  2.11  and 
  2.12     (2) the person possesses training apparatus, paraphernalia, 
  2.13  or drugs known to be used to prepare dogs to be fought. 
  2.14     Subd. 3.  [PENALTY FOR POSSESSING FIGHTING BIRDS.] It is a 
  2.15  gross misdemeanor for a person to own, possess, or have custody 
  2.16  of a cock or other type of bird that has been trained or is 
  2.17  being trained for use in bird fights.  There is a rebuttable 
  2.18  presumption that a bird has been trained or is being trained to 
  2.19  fight if: 
  2.20     (1) the bird exhibits fresh wounds, scarring, or other 
  2.21  indications that the bird has been or will be used for fighting; 
  2.22  and 
  2.23     (2) the person possesses training apparatus, paraphernalia, 
  2.24  or drugs known to be used to prepare birds to be fought. 
  2.25     Subd. 4.  [PEACE OFFICER DUTIES.] Animals described in 
  2.26  subdivisions 2 and 3 are dangerous weapons and constitute an 
  2.27  immediate danger to the safety of humans.  A peace officer or 
  2.28  animal control authority may remove, shelter, and care for an 
  2.29  animal found in the circumstances described in subdivision 2 or 
  2.30  3.  If necessary, a peace officer or animal control authority 
  2.31  may deliver the animal to another person to be sheltered and 
  2.32  cared for.  In all cases, the peace officer or animal control 
  2.33  authority must immediately notify the owner, if known, as 
  2.34  provided in subdivision 5.  The peace officer, animal control 
  2.35  authority, or other person assuming care of the animal shall 
  2.36  have a lien on it for the actual cost of care and keeping of the 
  3.1   animal.  If the owner or custodian is unknown and cannot by 
  3.2   reasonable effort be ascertained, or does not, within ten days 
  3.3   after notice, redeem the animal by paying the expenses 
  3.4   authorized by this subdivision, the animal may be disposed of as 
  3.5   provided in subdivision 5. 
  3.6      Subd. 5.  [DISPOSITION.] (a) An animal taken into custody 
  3.7   under subdivision 4 may be humanely disposed of at the 
  3.8   discretion of the jurisdiction having custody of the animal ten 
  3.9   days after the animal is taken into custody, if the procedures 
  3.10  in paragraph (c) are followed. 
  3.11     (b) The owner of an animal taken into custody under 
  3.12  subdivision 4 may prevent disposition of the animal by posting 
  3.13  security in an amount sufficient to provide for the actual costs 
  3.14  of care and keeping of the animal.  The security must be posted 
  3.15  within ten days of the seizure inclusive of the date of the 
  3.16  seizure.  If, however, a hearing is scheduled within ten days of 
  3.17  the seizure, the security amount must be posted prior to the 
  3.18  hearing. 
  3.19     (c)(1) The authority taking custody of an animal under 
  3.20  subdivision 4 must give notice of this section by delivering or 
  3.21  mailing it to the owner of the animal, posting a copy of it at 
  3.22  the place where the animal is taken into custody, or delivering 
  3.23  it to a person residing on the property and telephoning, if 
  3.24  possible.  The notice must include: 
  3.25     (i) a description of the animal seized; the authority and 
  3.26  purpose for the seizure; the time, place, and circumstances 
  3.27  under which the animal was seized; and a contact person and 
  3.28  telephone number; 
  3.29     (ii) a statement that the owner of the animal may post 
  3.30  security to prevent disposition of the animal and may request a 
  3.31  hearing concerning the seizure and impoundment and that failure 
  3.32  to do so within ten days of the date of the notice will result 
  3.33  in disposition of the animal; and 
  3.34     (iii) a statement that all actual costs of the care, 
  3.35  keeping, and disposal of the animal are the responsibility of 
  3.36  the owner of the animal, except to the extent that a court or 
  4.1   hearing officer finds that the seizure or impoundment was not 
  4.2   substantially justified by law.  The notice must also include a 
  4.3   form that can be used by a person claiming an interest in the 
  4.4   animal for requesting a hearing. 
  4.5      (2) The owner may request a hearing within ten days of the 
  4.6   date of the seizure.  If requested, a hearing must be held 
  4.7   within five business days of the request to determine the 
  4.8   validity of the impoundment.  The municipality taking custody of 
  4.9   the animal or the municipality from which the animal was seized 
  4.10  may either (i) authorize a licensed veterinarian with no 
  4.11  financial interest in the matter or professional association 
  4.12  with either party, or (ii) use the services of a hearing officer 
  4.13  to conduct the hearing.  An owner may appeal the hearing 
  4.14  officer's decision to the district court within five days of the 
  4.15  notice of the decision. 
  4.16     (3) The judge or hearing officer may authorize the return 
  4.17  of the animal if the judge or hearing officer finds that (i) the 
  4.18  animal is physically fit; (ii) the person claiming an interest 
  4.19  in the animal can and will provide the care required by law for 
  4.20  the animal; and (iii) the animal has not been used for violent 
  4.21  pitting or fighting. 
  4.22     (4) The person claiming an interest in the animal is liable 
  4.23  for all actual costs of care, keeping, and disposal of the 
  4.24  animal, except to the extent that a court or hearing officer 
  4.25  finds that the seizure or impoundment was not substantially 
  4.26  justified by law.  The costs must be paid in full or a mutually 
  4.27  satisfactory arrangement for payment must be made between the 
  4.28  municipality and the person claiming an interest in the animal 
  4.29  before the return of the animal to the person.