HB193 By Representative Rogers RFD Judiciary Rd 1 11-FEB-16

SYNOPSIS: Existing law provides for the crimes of cruelty to animals and aggravated cruelty to animals.

This bill would increase the penalties for those crimes under certain conditions and would require a person convicted under certain conditions to undergo a psychological evaluation and attend counseling.

This bill would also create the crime of animal abandonment and would provide penalties.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

A BILL TO BE ENTITLED AN ACT

To amend Sections 13A-11-14 and 13A-11-14.1 of the Code of Alabama 1975, relating to the crimes of cruelty and aggravated cruelty to animals; to increase the penalties under certain conditions; to require a person convicted under certain conditions to undergo a psychological evaluation and attend counseling; to add Section 13A-11-14.2 to the Code of Alabama 1975, to create the crime of animal abandonment and to provide penalties; and in connection therewith to have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 13A-11-14 and 13A-11-14.1 of the Code of Alabama 1975, are amended to read as follows:

§13A-11-14.

"(a) A Except as otherwise authorized by law, a person commits the crime of cruelty to animals if, except as otherwise authorized by law, he or she recklessly or with criminal negligence does any of the following:

"(1) Subjects any animal to cruel mistreatment; or.

"(2) Subjects any animal in his or her custody to cruel neglect; or.

"(3) Kills or injures without good cause any animal belonging to another.

"(b) Cruelty to animals is a Class A misdemeanor and on (1) On the first conviction of a violation of this section, a person shall be guilty of a Class A misdemeanor. shall be punished by a fine of not more than three thousand dollars ($3,000) or imprisonment in the county jail for not more than one year, or both fine and imprisonment; on

"(2) On a second conviction of a violation of this section, shall be punished by a fine of not less than five hundred dollars ($500) nor more than three thousand dollars ($3,000) or imprisonment in the county jail for not more than one year, or both fine and imprisonment; and on a person shall be guilty of a Class D felony, shall be prohibited from owning, buying, adopting, or having under his or her control any animal for 15 years after his or her conviction, and shall be required to undergo psychological evaluation and attend counseling.

"(3) On a third or subsequent conviction of a violation of this section, a person shall be guilty of a Class C felony shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than three thousand dollars ($3,000) or imprisonment in the county jail for not more than one year, or both fine and imprisonment.

§13A-11-14.1.

"(a) A person commits the crime of aggravated cruelty to animals if the person intentionally, or knowingly, or recklessly violates Section 13A-11-14, and the act of cruelty or neglect involved the infliction of torture to the animal.

"(b) The word torture as used in this section shall mean the act of doing physical injury to an animal by the infliction of inhumane treatment or gross physical abuse meant to cause the animal intensive or prolonged pain or serious physical injury, or by causing the death of the animal.

"(c) For purposes of this section and Section 13A-11-14, the terms torture and cruelty do not include the following:

"(1) Actions taken if there is a reasonable fear of imminent attack, or conduct which is otherwise permitted under the agricultural or animal husbandry laws, customs, or practices of this state or the United States, including, but not limited to, catfish, cattle, goats, horses, pigs, hogs, poultry, sheep, pen-raised game, rodeo stock, and other farm animals.

"(2) Conduct which is permitted under the fishing, hunting, and trapping laws, customs, or practices of this state or the United States.

"(3) Conduct that is permitted under the laws, customs, or practices of this state or the United States related to the training, conditioning, and use of animals for rodeos, equine activities, livestock shows, field trials, and similar activities, or the use of dogs for hunting, service work, or similar activities.

"(4) Conduct that is licensed or lawful under the Alabama Veterinary Practice Act or conduct by any licensed veterinarian that complies with accepted standards of practice of the profession within the State of Alabama, including, but not limited to, euthanasia.

"(5) Conduct that is lawful under the laws of this state or the United States relating to activities undertaken by research and education facilities and institutions.

"(6) Conduct that is prohibited under Section 13A-12-4.

"(d) Aggravated cruelty to animals is a Class C B felony.

"(e) In addition to the fines and penalties imposed on a person for a violation of this section, the person shall be prohibited from owning, buying, adopting, or having under his or her control any animal for 15 years after his or her conviction and shall be required to undergo psychological evaluation and attend counseling.

Section 2. Section 13A-11-14.2 is added to the Code of Alabama 1975, to read as follows:

§13A-11-14.2.

(a) For the purposes of this section, the following terms shall have the following meanings:

(1) ABANDONMENT. Failure to make reasonable arrangements for assumption of custody by another person.

(2) MINIMUM CARE. A sufficient and continuous supply of good, wholesome air, an amount of food sufficient in quantity and quality so as to allow for normal growth or maintenance of body weight, a non-temporary, enclosed structure to provide shelter from wind, rain, snow, or sun with adequate bedding to protect against cold and dampness, potable water sufficient to satisfy the needs of the animal, proper waste disposal sufficiently free of contaminants that could affect the health of the animal, and proper veterinary care sufficient to relieve stress from injury, neglect, or disease, that preserves the health and well-being of the animal.

(b)(1) A person commits the crime of animal abandonment if the person, being the owner or possessor or having charge or custody of an animal, intentionally, knowingly, recklessly, or with criminal negligence leaves the animal at a location without providing continuous minimum care.

(2) It is no defense to the crime defined in subsection (1) that the person abandoned the animal at or near an animal shelter, veterinary clinic, or other place of shelter if the person did not make reasonable arrangements for the minimum care of the animal.

(c)(1) On the first conviction of a violation of this section, a person shall be guilty of a Class B misdemeanor, shall be prohibited from owning, buying, adopting, or having under his or her control any animal for 15 years after his or her conviction, and shall be required to undergo psychological evaluation and attend counseling.

(2) On a second or subsequent conviction, or if the abandonment of an animal results in the serious injury or death of the animal, a person shall be guilty of a Class C felony.

Section 3. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 4. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Animals

Crimes and Offenses

Felonies

Misdemeanors

Code Added

Code Amended