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 a subdivision; 
  1.7             and 343.21, subdivisions 2, 7, 10, and by adding a 
  1.8             subdivision; repealing Minnesota Statutes 1998, 
  1.9             section 343.21, subdivisions 1 and 9. 
  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, harm or death. 
  1.16     "Cruelty" does not include: 
  1.17     (1) commonly accepted veterinary procedures performed by a 
  1.18  licensed veterinarian; 
  1.19     (2) lawful slaughtering of animals; 
  1.20     (3) scientific research activities performed in accordance 
  1.21  with federal and state laws and regulations by licensed or 
  1.22  registered facilities; 
  1.23     (4) commonly accepted animal husbandry practices; 
  1.24     (5) the taking of wild animals in accordance with state, 
  1.25  federal, or local game and fish laws; or 
  1.26     (6) acts of God as defined in section 115B.02, subdivision 
  1.27  2. 
  2.1      (b) The taking of wild animals in violation of federal, 
  2.2   state, or local game and fish laws is not prima facie evidence 
  2.3   of cruelty to 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.  [BODILY HARM; SUBSTANTIAL BODILY HARM; GREAT 
  2.7   BODILY HARM.] "Bodily harm," "substantial bodily harm," and 
  2.8   "great bodily harm" have the meanings given them in section 
  2.9   609.02, subdivisions 7, 7a, and 8. 
  2.10     Sec. 3.  Minnesota Statutes 1998, section 343.21, 
  2.11  subdivision 2, is amended to read: 
  2.12     Subd. 2.  [NOURISHMENT; SHELTER; REST.] No person shall 
  2.13  deprive any animal over which the person has ownership, custody, 
  2.14  charge, or control of necessary food, water, or shelter, or 
  2.15  rest; or overdrive, overload, or cruelly work an animal. 
  2.16     Sec. 4.  Minnesota Statutes 1998, section 343.21, 
  2.17  subdivision 7, is amended to read: 
  2.18     Subd. 7.  [CRUELTY.] No person shall willfully knowingly 
  2.19  instigate or in any way further any act of cruelty to any animal 
  2.20  or animals, or any act or omission tending to produce cruelty to 
  2.21  animals. 
  2.22     Sec. 5.  Minnesota Statutes 1998, section 343.21, is 
  2.23  amended by adding a subdivision to read: 
  2.24     Subd. 9a.  [PENALTY.] (a) A violation of subdivision 2 or 7 
  2.25  that results in great bodily harm or death is a felony.  A 
  2.26  person guilty of a violation of subdivision 2 or 7 may be 
  2.27  sentenced to imprisonment for not more than two years or to 
  2.28  payment of a fine of not more than $5,000, or both. 
  2.29     (b) A violation of subdivision 2 or 7 that results in 
  2.30  substantial bodily harm is a gross misdemeanor.  A person 
  2.31  convicted of a violation under this paragraph within three years 
  2.32  of a previous conviction for violating this section is guilty of 
  2.33  a felony and may be sentenced to imprisonment for not more than 
  2.34  two years or to payment of a fine of not more than $5,000, or 
  2.35  both. 
  2.36     (c) Except as provided in paragraphs (a) and (b), a 
  3.1   violation of subdivision 2, 3, 4, 5, 6, 7, or 8 is a 
  3.2   misdemeanor.  A person convicted of a violation under this 
  3.3   paragraph within three years of a previous conviction for 
  3.4   violating this section is guilty of a gross misdemeanor. 
  3.5      Sec. 6.  Minnesota Statutes 1998, section 343.21, 
  3.6   subdivision 10, is amended to read: 
  3.7      Subd. 10.  [RESTRICTIONS.] If a person is convicted of 
  3.8   violating this section, the court shall require that pet or 
  3.9   companion animals, as defined in section 346.36, subdivision 6, 
  3.10  that have not been seized by a peace officer or agent and are in 
  3.11  the custody of the person must be turned over to a peace officer 
  3.12  or other appropriate officer or agent unless the court 
  3.13  determines that the person is able and fit to provide adequately 
  3.14  for an animal.  If the evidence indicates lack of proper and 
  3.15  reasonable care of an animal, the burden is on the person to 
  3.16  affirmatively demonstrate by clear and convincing evidence that 
  3.17  the person is able and fit to have custody of and provide 
  3.18  adequately for an animal.  The court may limit the person's 
  3.19  further possession or custody of pet or companion animals, an 
  3.20  animal and may impose other conditions the court considers 
  3.21  appropriate, including, but not limited to: 
  3.22     (1) imposing a probation period during which the person may 
  3.23  not have ownership, custody, or control of a pet or companion an 
  3.24  animal; 
  3.25     (2) requiring periodic visits of the person by an animal 
  3.26  control officer or agent appointed pursuant to section 343.01, 
  3.27  subdivision 1; 
  3.28     (3) requiring performance by the person of community 
  3.29  service, but not in a humane facility; and 
  3.30     (4) requiring the person to receive psychological or 
  3.31  behavioral counseling. 
  3.32     Sec. 7.  [REPEALER.] 
  3.33     Minnesota Statutes 1998, section 343.21, subdivisions 1 and 
  3.34  9, are repealed. 
  3.35     Sec. 8.  [EFFECTIVE DATE.] 
  3.36     Sections 1 to 7 are effective August 1, 1999, and apply to 
  4.1   crimes committed on or after that date.