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             343.21, subdivisions 2, 3, 7, 10, and by adding a 
  1.8             subdivision; 343.25; and 343.26; repealing Minnesota 
  1.9             Statutes 1998, 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.] ~~"Torture" or~~ "Cruelty" means 
  1.14  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 by hunting, trapping, and 
  1.25  angling; or 
  1.26     (6) acts of God as defined in section 115B.02, subdivision 
  1.27  2. 
  2.1      Sec. 2.  Minnesota Statutes 1998, section 343.20, is 
  2.2   amended by adding a subdivision to read: 
  2.3      Subd. 6.  [BODILY HARM; SUBSTANTIAL BODILY HARM; GREAT 
  2.4   BODILY HARM.] "Bodily harm," "substantial bodily harm," and 
  2.5   "great bodily harm" have the meanings given them in section 
  2.6   609.02, subdivisions 7, 7a, and 8. 
  2.7      Sec. 3.  Minnesota Statutes 1998, section 343.21, 
  2.8   subdivision 2, is amended to read: 
  2.9      Subd. 2.  [NOURISHMENT; SHELTER; REST.] No person shall 
  2.10  deprive any animal over which the person has ownership, custody, 
  2.11  charge, or control of necessary food, water, ~~or~~ shelter, or 
  2.12  rest; or overdrive, overload, or cruelly work an animal. 
  2.13     Sec. 4.  Minnesota Statutes 1998, section 343.21, 
  2.14  subdivision 3, is amended to read: 
  2.15     Subd. 3.  [ENCLOSURE.] (a) Except as provided in paragraph 
  2.16  (b), no person shall keep any ~~cow or other~~ animal in any 
  2.17  enclosure without providing ~~wholesome~~ necessary exercise 
  2.18  and ~~change of air~~ ventilation. 
  2.19     (b) No person shall raise or care for livestock without 
  2.20  providing housing, pen space, pasture, adequate exercise, and 
  2.21  ventilation that are consistent with commonly accepted animal 
  2.22  husbandry practices. 
  2.23     Sec. 5.  Minnesota Statutes 1998, section 343.21, 
  2.24  subdivision 7, is amended to read: 
  2.25     Subd. 7.  [CRUELTY.] No person shall ~~willfully~~ knowingly 
  2.26  instigate or in any way further any act of cruelty to any animal 
  2.27  or animals, or any act or omission tending to produce cruelty to 
  2.28  animals. 
  2.29     Sec. 6.  Minnesota Statutes 1998, section 343.21, is 
  2.30  amended by adding a subdivision to read: 
  2.31     Subd. 9a.  [PENALTY.] (a) A violation of subdivision 2 or 7 
  2.32  that results in great bodily harm or death is a felony.  A 
  2.33  person guilty of a violation of subdivision 2 or 7 may be 
  2.34  sentenced to imprisonment for not more than two years or to 
  2.35  payment of a fine of not more than $5,000, or both. 
  2.36     (b) A violation of subdivision 2 or 7 that results in 
  3.1   substantial bodily harm is a gross misdemeanor.  A person 
  3.2   convicted of a violation under this paragraph within three years 
  3.3   of a previous gross misdemeanor conviction for violating this 
  3.4   section is guilty of a felony and may be sentenced to 
  3.5   imprisonment for not more than two years or to payment of a fine 
  3.6   of not more than $5,000, or both. 
  3.7      (c) A violation of subdivision 2 or 7 that results in 
  3.8   bodily harm is a misdemeanor.  A person convicted of a violation 
  3.9   under this paragraph within three years of a previous conviction 
  3.10  for violating this section is guilty of a gross misdemeanor. 
  3.11     (d) A violation of subdivision 3, 4, 5, 6, or 8 is a 
  3.12  misdemeanor.  A person convicted of a violation under this 
  3.13  paragraph within three years of a previous conviction for 
  3.14  violating this section is guilty of a gross misdemeanor. 
  3.15     Sec. 7.  Minnesota Statutes 1998, section 343.21, 
  3.16  subdivision 10, is amended to read: 
  3.17     Subd. 10.  [RESTRICTIONS.] If a person is convicted of 
  3.18  violating this section, the court shall require that ~~pet or~~ 
  3.19  ~~companion~~ animals~~, as defined in section 346.36, subdivision 6,~~ 
  3.20  that have not been seized by a peace officer or agent and are in 
  3.21  the custody or control of the person must be turned over to a 
  3.22  peace officer or other appropriate officer or agent unless the 
  3.23  court determines that the person is able and fit to provide 
  3.24  adequately for an animal.  If the evidence indicates lack of 
  3.25  proper and reasonable care of an animal, the burden is on the 
  3.26  person to affirmatively demonstrate by clear and convincing 
  3.27  evidence that the person is able and fit to have custody of and 
  3.28  provide adequately for an animal.  The court may limit the 
  3.29  person's further possession or custody of ~~pet or companion~~ 
  3.30  ~~animals,~~ an animal and may impose other conditions the court 
  3.31  considers appropriate, including, but not limited to: 
  3.32     (1) imposing a probation period during which the person may 
  3.33  not have ownership, custody, or control of ~~a pet or companion~~ an 
  3.34  animal; 
  3.35     (2) requiring periodic visits of the person by an animal 
  3.36  control officer or agent appointed pursuant to section 343.01, 
  4.1   subdivision 1; 
  4.2      (3) requiring performance by the person of community 
  4.3   service, but not in a humane facility; and 
  4.4      (4) requiring the person to receive psychological or 
  4.5   behavioral counseling. 
  4.6      Sec. 8.  Minnesota Statutes 1998, section 343.25, is 
  4.7   amended to read: 
  4.8      343.25 [DOCKING HORSES; PENALTY.] 
  4.9      A person who cuts the bony part of a horse's tail for the 
  4.10  purpose of docking it, or who causes or knowingly permits the 
  4.11  same to be done upon premises of which the person is owner, 
  4.12  lessee, or user, or who assists in the cutting is guilty of a 
  4.13  misdemeanor.  When a horse is found so cut, upon the premises or 
  4.14  in the custody of any person, and the wound resulting is 
  4.15  unhealed, that fact shall constitute prima facie evidence that 
  4.16  the offense was committed by the person.  All fines resulting 
  4.17  from complaint made by an officer or agent of any society of 
  4.18  this state for the prevention of cruelty to animals for any 
  4.19  offense specified in this section shall be paid to the society 
  4.20  whose officer or agent made the complaint.  This section does 
  4.21  not apply to a licensed veterinarian who docks a horse's tail 
  4.22  for public safety reasons or for injury or illness as provided 
  4.23  in chapter 156. 
  4.24     Sec. 9.  Minnesota Statutes 1998, section 343.26, is 
  4.25  amended to read: 
  4.26     343.26 [CLIPPED ANIMALS; PENALTY.] 
  4.27     ~~No person who has custody of any animal which has had its~~ 
  4.28  ~~hair removed by clipping or shearing shall cause or permit the~~ 
  4.29  ~~animal to stand on a road, street, or other unsheltered place~~ 
  4.30  ~~between November 1 and May 1 within 60 days after the clipping~~ 
  4.31  ~~or shearing, unless the animal is blanketed.~~  An animal which 
  4.32  has had its hair clipped or sheared between November 1 and May 1 
  4.33  must be provided, at a minimum, free choice access to shelter 
  4.34  during inclement weather.  Violation of this section is a 
  4.35  misdemeanor. 
  4.36     Sec. 10.  [REPEALER.] 
  5.1      Minnesota Statutes 1998, section 343.21, subdivisions 1 and 
  5.2   9, are repealed. 
  5.3      Sec. 11.  [EFFECTIVE DATE.] 
  5.4      Sections 1 to 10 are effective August 1, 2000, and apply to 
  5.5   crimes committed on or after that date.