SF 613

1st Unofficial Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to animals; changing certain penalties for 
  1.3             cruelty to animals; defining acts or omissions 
  1.4             constituting cruelty or abuse; prohibiting certain 
  1.5             acts; providing for enforcement; imposing criminal 
  1.6             penalties; amending Minnesota Statutes 1998, sections 
  1.7             343.01, subdivision 1; 343.20, subdivision 3, and by 
  1.8             adding a subdivision; 343.21, subdivisions 2, 3, 7, 
  1.9             10, and by adding a subdivision; 343.22, subdivision 
  1.10            1; 343.25; and 343.26; repealing Minnesota Statutes 
  1.11            1998, sections 343.21, subdivisions 1 and 9. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1998, section 343.01, 
  1.14  subdivision 1, is amended to read: 
  1.15     Subdivision 1.  [FORMATION AUTHORIZED.] (a) A state 
  1.16  federation of county and district societies for the prevention 
  1.17  of cruelty to animals may be created as a corporation under 
  1.18  chapter 317A for the purpose provided in section 343.06.  The 
  1.19  federation may appoint representatives in any county where no 
  1.20  active county or district society exists for the purpose of 
  1.21  receiving and accounting for funds from any source, and may also 
  1.22  appoint agents at large to carry out the work of the federation 
  1.23  throughout the state.  
  1.24     (b) In a county that has not adopted an animal control 
  1.25  ordinance or that lacks facilities and equipment for animal 
  1.26  control purposes, the federation and all county and district 
  1.27  societies may appoint agents for the purpose of investigating or 
  1.28  otherwise assisting lawfully empowered officials in the 
  2.1   prosecution of persons charged with cruelty to animals.  
  2.2   Appointed agents must have training and experience in activities 
  2.3   relating to prevention of cruelty to animals or enforcement of 
  2.4   laws relating to cruelty to animals.  The federation may make 
  2.5   bylaws as are necessary to implement its authority under this 
  2.6   chapter and under chapter 317A. 
  2.7      Sec. 2.  Minnesota Statutes 1998, section 343.20, 
  2.8   subdivision 3, is amended to read: 
  2.9      Subd. 3.  [TORTURE; CRUELTY.] "Torture" or "Cruelty" means 
  2.10  every act, omission, or neglect which causes or permits 
  2.11  unnecessary or unjustifiable pain, suffering, harm or death. 
  2.12     "Cruelty" does not include: 
  2.13     (1) commonly accepted veterinary procedures performed by a 
  2.14  licensed veterinarian; 
  2.15     (2) lawful slaughtering of animals; 
  2.16     (3) commonly accepted animal husbandry practices; 
  2.17     (4) the taking of wild animals by hunting, trapping, and 
  2.18  angling; or 
  2.19     (5) acts of God as defined in section 115B.02, subdivision 
  2.20  2. 
  2.21     Sec. 3.  Minnesota Statutes 1998, section 343.20, is 
  2.22  amended by adding a subdivision to read: 
  2.23     Subd. 6.  [BODILY HARM; SUBSTANTIAL BODILY HARM; GREAT 
  2.24  BODILY HARM.] (a) "Bodily harm" means physical pain or injury, 
  2.25  illness, or any impairment of physical condition. 
  2.26     (b) "Substantial bodily harm" means bodily injury that 
  2.27  involves a temporary but substantial disfigurement, causes a 
  2.28  temporary but substantial loss or impairment of the function of 
  2.29  any bodily member or organ, or causes a fracture of any bodily 
  2.30  member. 
  2.31     (c) "Great bodily harm" means bodily injury that creates a 
  2.32  high probability of death, causes serious permanent 
  2.33  disfigurement, or causes a permanent or protracted loss or 
  2.34  impairment of the function of any bodily member or organ or 
  2.35  other serious bodily harm. 
  2.36     Sec. 4.  Minnesota Statutes 1998, 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. 
  3.6      Sec. 5.  Minnesota Statutes 1998, section 343.21, 
  3.7   subdivision 3, is amended to read: 
  3.8      Subd. 3.  [ENCLOSURE.] (a) Except as provided in paragraph 
  3.9   (b), no person shall keep any cow or other animal in any 
  3.10  enclosure without providing wholesome necessary exercise 
  3.11  and change of air ventilation. 
  3.12     (b) No person shall raise or care for livestock without 
  3.13  providing housing, pen space, pasture, adequate exercise, and 
  3.14  ventilation that are consistent with commonly accepted animal 
  3.15  husbandry practices. 
  3.16     Sec. 6.  Minnesota Statutes 1998, section 343.21, 
  3.17  subdivision 7, is amended to read: 
  3.18     Subd. 7.  [CRUELTY.] No person shall willfully knowingly 
  3.19  instigate or in any way further any act of cruelty to any animal 
  3.20  or animals, or any act or omission tending to produce cruelty to 
  3.21  animals. 
  3.22     Sec. 7.  Minnesota Statutes 1998, section 343.21, is 
  3.23  amended by adding a subdivision to read: 
  3.24     Subd. 9a.  [PENALTY.] (a) A violation of subdivision 2 or 7 
  3.25  that results in death, great bodily harm, or substantial bodily 
  3.26  harm is a gross misdemeanor.  A person convicted of a violation 
  3.27  under this paragraph within three years of a previous gross 
  3.28  misdemeanor conviction for violating this section is guilty of a 
  3.29  felony and may be sentenced to imprisonment for not more than 
  3.30  two years or to payment of a fine of not more than $5,000, or 
  3.31  both. 
  3.32     (b) A violation of subdivision 2 or 7 that results in 
  3.33  bodily harm is a misdemeanor.  A person convicted of a violation 
  3.34  under this paragraph within three years of a previous conviction 
  3.35  for violating this section is guilty of a gross misdemeanor. 
  3.36     (c) A violation of subdivision 3, 4, 5, 6, or 8 is a 
  4.1   misdemeanor.  A person convicted of a violation under this 
  4.2   paragraph within three years of a previous conviction for 
  4.3   violating this section is guilty of a gross misdemeanor. 
  4.4      Sec. 8.  Minnesota Statutes 1998, section 343.21, 
  4.5   subdivision 10, is amended to read: 
  4.6      Subd. 10.  [RESTRICTIONS; EXEMPTIONS FOR CERTAIN 
  4.7   RESEARCH.] (a) If a person is convicted of violating this 
  4.8   section, the court shall require that pet or companion animals, 
  4.9   as defined in section 346.36, subdivision 6, that have not been 
  4.10  seized by a peace officer or agent and are in the custody or 
  4.11  control of the person must be turned over to a peace officer or 
  4.12  other appropriate officer or agent unless the court determines 
  4.13  that the person is able and fit to provide adequately for an 
  4.14  animal.  If the evidence indicates lack of proper and reasonable 
  4.15  care of an animal, the burden is on the person to affirmatively 
  4.16  demonstrate by clear and convincing evidence that the person is 
  4.17  able and fit to have custody of and provide adequately for an 
  4.18  animal.  The court may limit the person's further possession or 
  4.19  custody of pet or companion animals, an animal and may impose 
  4.20  other conditions the court considers appropriate, including, but 
  4.21  not limited to: 
  4.22     (1) imposing a probation period during which the person may 
  4.23  not have ownership, custody, or control of a pet or companion an 
  4.24  animal; 
  4.25     (2) requiring periodic visits of the person by an animal 
  4.26  control officer or agent appointed pursuant to section 343.01, 
  4.27  subdivision 1; 
  4.28     (3) requiring performance by the person of community 
  4.29  service, but not in a humane facility; and 
  4.30     (4) requiring the person to receive psychological or 
  4.31  behavioral counseling. 
  4.32     (b) This section does not apply to educational and research 
  4.33  activities conducted by accredited schools, colleges, or 
  4.34  universities; drug manufacturers; product manufacturers; or any 
  4.35  other entity performing medical, toxicological, or other 
  4.36  scientific research at facilities licensed by a federal or state 
  5.1   department or agency. 
  5.2      Sec. 9.  Minnesota Statutes 1998, section 343.22, 
  5.3   subdivision 1, is amended to read: 
  5.4      Subdivision 1.  [REPORTING.] (a) In a county that has 
  5.5   adopted an animal control ordinance and that has facilities and 
  5.6   equipment in place for purposes of animal control needs, all 
  5.7   reports of cruelty, neglect, or strays must be directed to a 
  5.8   peace officer or county animal control officer.  The officer 
  5.9   shall carry out the duties under sections 343.01 to 343.40 and 
  5.10  other applicable law or rule. 
  5.11     (b) Except as provided in paragraph (a), any person who has 
  5.12  reason to believe that a violation of this chapter has taken 
  5.13  place or is taking place may apply to any court having 
  5.14  jurisdiction over actions alleging violation of that section for 
  5.15  a warrant and for investigation.  The court shall examine under 
  5.16  oath the person so applying and any witnesses the applicant 
  5.17  produces and the court shall take their affidavits in writing.  
  5.18  The affidavits must set forth facts tending to establish the 
  5.19  grounds for believing a violation of this chapter has occurred 
  5.20  or is occurring, or probable cause to believe that a violation 
  5.21  exists.  If the court is satisfied of the existence of the 
  5.22  grounds of the application, or that there is probable cause to 
  5.23  believe a violation exists, it shall issue a signed search 
  5.24  warrant and order for investigation to a peace officer in the 
  5.25  county.  The order shall command the officer to proceed promptly 
  5.26  to the location of the alleged violation.  The order may command 
  5.27  that a doctor of veterinary medicine accompany the officer. 
  5.28     Sec. 10.  Minnesota Statutes 1998, section 343.25, is 
  5.29  amended to read: 
  5.30     343.25 [DOCKING HORSES; PENALTY.] 
  5.31     A person who cuts the bony part of a horse's tail for the 
  5.32  purpose of docking it, or who causes or knowingly permits the 
  5.33  same to be done upon premises of which the person is owner, 
  5.34  lessee, or user, or who assists in the cutting is guilty of a 
  5.35  misdemeanor.  When a horse is found so cut, upon the premises or 
  5.36  in the custody of any person, and the wound resulting is 
  6.1   unhealed, that fact shall constitute prima facie evidence that 
  6.2   the offense was committed by the person.  All fines resulting 
  6.3   from complaint made by an officer or agent of any society of 
  6.4   this state for the prevention of cruelty to animals for any 
  6.5   offense specified in this section shall be paid to the society 
  6.6   whose officer or agent made the complaint.  This section does 
  6.7   not apply to a licensed veterinarian who docks a horse's tail 
  6.8   for public safety reasons or for injury or illness as provided 
  6.9   in chapter 156. 
  6.10     Sec. 11.  Minnesota Statutes 1998, section 343.26, is 
  6.11  amended to read: 
  6.12     343.26 [CLIPPED ANIMALS; PENALTY.] 
  6.13     No person who has custody of any animal which has had its 
  6.14  hair removed by clipping or shearing shall cause or permit the 
  6.15  animal to stand on a road, street, or other unsheltered place 
  6.16  between November 1 and May 1 within 60 days after the clipping 
  6.17  or shearing, unless the animal is blanketed.  An animal which 
  6.18  has had its hair clipped or sheared between November 1 and May 1 
  6.19  must be provided, at a minimum, free choice access to shelter 
  6.20  during inclement weather.  Violation of this section is a 
  6.21  misdemeanor. 
  6.22     Sec. 12.  [REPEALER.] 
  6.23     Minnesota Statutes 1998, section 343.21, subdivisions 1 and 
  6.24  9, are repealed. 
  6.25     Sec. 13.  [EFFECTIVE DATE.] 
  6.26     Sections 1 to 12 are effective August 1, 2000, and apply to 
  6.27  crimes committed on or after that date.