To repeal sections 578.005, 578.007, 578.018, 578.030 and 578.050, RSMo 1994, and section 578.012, RSMo Supp. 1996, relating to crimes and punishments, and to enact in lieu thereof six new sections relating to the same subject, with penalty provisions.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Sections 578.005, 578.007, 578.018, 578.030 and 578.050, RSMo 1994, and section 578.012, RSMo Supp. 1996, are repealed and six new sections enacted in lieu thereof, to be known as sections 578.005, 578.007, 578.012, 578.018, 578.030 and 578.050, to read a follows:

     578.005. As used in sections 578.005 to [578.023] 578.050, the following terms shall mean:

     (1) "Adequate care", normal and prudent attention to the needs of an animal, including wholesome food, clean water, shelter and health care as necessary to maintain good health in a specific species of animal;

     (2) "Adequate control", to reasonably restrain or govern an animal so that the animal does not injure itself, any person, any other animal[,] or property;

     (3) "Animal", every living vertebrate except a human being;

     (4) "Animal baiting", to provoke or harass an animal, with an implement or one or more animals, for the purpose of training an animal for, or to cause such animal to engage in, wrestling or fights with or among other animals or a person or persons;

     [(4)] (5) "Animal shelter", a facility which is used to house or contain animals and which is owned, operated[,] or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals[,] or other not for profit organization devoted to the welfare, protection[,] and humane treatment of animals;

     (6) "Exhibition or event", an assembly of people which is conducted for the purpose of fighting, wrestling or baiting animals;

     [(5)] (7) "Farm animal", an animal raised on a farm or ranch and used, or intended for, use in farm or ranch production, or as food or fiber;

     [(6)] (8) "Harbor", to feed or shelter an animal at the same location for three or more consecutive days;

     [(7)] (9) "Humane killing", the destruction of an animal accomplished by a method approved by the American Veterinary Medical Association's Panel on Euthanasia (JAVMA 173: 59-72, 1978)[;] or more recent editions, but animals killed during the feeding of pet carnivores shall be considered humanely killed;

     [(8)] (10) "Owner", in addition to its ordinary meaning, any person who keeps or harbors an animal or professes to be owning, keeping[,] or harboring an animal;

     [(9)] (11) "Person", any individual, partnership, firm, joint stock company, corporation, association, trust, estate[,] or other legal entity;

     [(10)] (12) "Pests", birds, rabbits[,] or rodents which damage property or have an adverse effect on the public health, but shall not include any endangered species listed by the United States Department of the Interior [nor] or any endangered species listed in the Wildlife Code of Missouri;

     (13) "Spectator", a person who is present as an onlooker at an exhibition or event.

     578.007. The provisions of sections 578.005 to [578.023] 578.050 shall not apply to:

     (1) Care or treatment performed by a licensed veterinarian within the provisions of chapter 340, RSMo;

     (2) Bona fide scientific experiments;

     (3) Hunting, fishing[,] or trapping as allowed by chapter 252, RSMo, including all practices and privileges as allowed under the Missouri Wildlife Code;

     (4) Facilities and publicly funded zoological parks currently in compliance with the federal ["]Animal Welfare Act["] as amended;

     (5) Rodeo practices currently accepted by the Professional Rodeo Cowboy's Association;

     (6) The killing of an animal by the owner [thereof] of such animal, the agent of such owner[,] or by a veterinarian at the request of the owner [thereof] of such animal;

     (7) The lawful, humane killing of an animal by an animal control officer, the operator of an animal shelter, a veterinarian[,] or law enforcement or health official;

     (8) With respect to farm animals, normal or accepted practices of animal husbandry;

     (9) The killing of an animal by any person at any time if such animal is outside of the owned or rented property of the owner or custodian of such animal and the animal is injuring any person or farm animal but [shall not include] the provisions of this subdivision shall not permit the killing of police or guard dogs while working;

     (10) The killing of house or garden pests; or

     (11) Field trials, training and hunting practices as accepted by the Professional Houndsmen of Missouri.

     578.012. 1. A person is guilty of animal abuse when a person:

     (1) Intentionally or purposely kills an animal in any manner not allowed by or expressly exempted from the provisions of sections 578.005 to [578.023] 578.050 and 273.030, RSMo;

     (2) Purposely or intentionally causes injury or suffering to an animal; or

     (3) Having ownership or custody of an animal knowingly fails to provide adequate care or adequate control.

     2. Animal abuse is a class A misdemeanor, unless the defendant has previously plead guilty to or has been found guilty of animal abuse or the suffering involved in subdivision (2) of subsection 1 of this section is the result of torture or mutilation, or both, consciously inflicted while the animal was alive, in which case it is a class D felony.

     3. For purposes of this section, "animal" shall be defined as a mammal.

     578.018. 1. Any duly authorized public health official or law enforcement official may seek a warrant from the appropriate court to enable [him] the official to enter private property in order to inspect, care for[,] or impound neglected or abused animals. All requests for such warrants shall be accompanied by an affidavit stating the probable cause to believe a violation of sections 578.005 to [578.023] 578.050 has occurred. A person acting under the authority of a warrant shall:

     (1) Be given a disposition hearing before the court through which the warrant was issued, within thirty days of the filing of the request for the purpose of granting immediate disposition of the animals impounded;

     (2) Place impounded animals in the care or custody of a veterinarian, the appropriate animal control authority[,] or an animal shelter. If no appropriate veterinarian, animal control authority[,] or animal shelter is available, the animal shall not be impounded unless it is diseased or disabled beyond recovery for any useful purpose;

     (3) Humanely kill any animal impounded if it is determined by a licensed veterinarian that the animal is diseased or disabled beyond recovery for any useful purpose;

     (4) Not be liable for any necessary damage to property while acting under such warrant.

     2. The owner [or], custodian or any person claiming an interest in any animal that has been impounded because of neglect or abuse may prevent disposition of the animal by posting bond or security in an amount sufficient to provide for the animal's care and keeping for at least thirty days, inclusive of the date on which the animal was taken into custody. Notwithstanding the fact that bond may be posted pursuant to this subsection, the authority having custody of the animal may humanely dispose of the animal at the end of the time for which expenses are covered by the bond or security, unless there is a court order prohibiting such disposition. Such order shall provide for a bond or other security in the amount necessary to protect the authority having custody of the animal from any cost of the care, keeping or disposal of the animal. The authority taking custody of an animal shall give notice of the provisions of this section by posting a copy of this section at the place where the animal was taken into custody or by delivering it to a person residing on the property.

     3. The owner or custodian of any animal humanely killed pursuant to this section shall not be entitled to recover any damages related to nor the actual value of the animal if the animal was found by a licensed veterinarian to be diseased or disabled beyond recovery for any useful purpose, or if the owner or custodian failed to post bond or security for the care, keeping and disposition of the animal after being notified of impoundment.

     578.030. 1. Notwithstanding the provisions of section 43.200, RSMo, [notwithstanding,] any member of the state highway patrol or other law enforcement officer may apply for and serve a search warrant, and shall have the power of search and seizure in order to enforce the provisions of sections 578.025 to 578.050.

     2. Any member of the state highway patrol or other law enforcement officer making an arrest [under section] pursuant to sections 578.025 to 578.050 shall lawfully take possession of all dogs, fowls, birds or other animals and all paraphernalia, implements[,] or other property or things used or employed, or about to be employed, in the violation of any of the provisions of [section] sections 578.025 to 578.050. Such officer, after taking possession of such dogs, animals, fowls, birds, paraphernalia, implements or other property or things, shall file with the court before [whom] which the complaint is made against any person so arrested an evidentiary affidavit and the officer's affidavit, stating [therein] in such affidavit the name of the person charged in such complaint, a description of the property [so] taken and the time and place of the taking [thereof] of such property together with the name of the person from whom the [same] property was taken and the name of the person who claims to own such property, if known, and that the affiant has reason to believe and does believe, stating the ground of such belief, that the property [so] taken was used or employed, or was about to be used or employed, in [such] violation of [section] sections 578.025 to 578.050. [He] The officer shall thereupon deliver the property so taken to the court, which shall, by order in writing, place the [same] property in the custody of an officer or other proper person named and designated in such order, to be kept by [him] such person until the conviction or final discharge of [such] the person [complained against,] named in the complaint, and shall send a copy of such order without delay to the prosecuting attorney of the county. Impounded animals shall be treated as provided in sections 578.016 to 578.018. The officer, [or] person or agency [so] named and designated in such order shall immediately [thereupon] upon the issuance of such order assume the custody of such property and shall retain the [same] property, subject to the order of the court before which such person [so complained against] named in the complaint may be required to appear for trial. Upon the conviction of the person [so] charged, all property [so] seized shall be adjudged by the court to be forfeited and shall [thereupon] be destroyed or otherwise disposed of as the court may order. In the event of the acquittal or final discharge without conviction of the person so charged, such court shall, on demand, direct the delivery of such property [so held in custody] that remains viable to the owner [thereof] of such property.

     578.050. [Any person who shall keep or use, or in any way be connected with or interested in the management of, or shall receive money for the admission of any person to, any place kept or used for the purpose of fighting or baiting any bull, bear, cock or other creature, except dogs, and any person who shall encourage, aid or assist or be present thereat, or who shall permit or suffer any place belonging to him or under his control to be so kept or used, shall, on conviction thereof, be guilty of a class A misdemeanor.] 1. Except as provided in section 578.025, a person is guilty of the crime of animal fighting, animal wrestling or animal baiting if such person:

     (1) Owns, possesses, keeps, trains or surgically alters any animal, fowl or bird, with the intent that such animal, fowl or bird will be engaged in an exhibition or event of fighting, wrestling or animal baiting with another animal, fowl, bird or person within the state;

     (2) For amusement or gain, causes any animal, fowl or bird to fight, wrestle or be used as bait with another animal, fowl, bird or person; or

     (3) Knowingly permits or promotes any exhibition or event as prohibited by subdivision (1) or (2) of this subsection to be committed on any premises under the ownership, charge or control of such person, or aids or abets any such exhibition or event.

     2. Animal fighting, animal wrestling or animal baiting is a class D felony.

     3. A spectator at any place, building or structure where an exhibition or event is taking place in violation of subdivision (2) of subsection 1 of this section is guilty of an infraction for the first offense and a class A misdemeanor for each subsequent offense.