SB 0594 Removes substantial harm requirement for animal neglect and creates felony offenses of animal neglect and abuse
Sponsor:Johnson
LR Number:S2497.01I Fiscal Note:2497-01
Committee:Agriculture, Conservation, Parks & Tourism
Last Action:01/12/98 - Referred S Agriculture, Conservation, Parks and Journal page:S54
Tourism Committee
Title:
Effective Date:August 28, 1998
Full Bill Text | All Actions | Available Summaries | Senate Home Page | List of 1998 Senate Bills
Current Bill Summary

SB 594 - This act removes the requirement of a finding that substantial harm resulted to an animal before a person can be found guilty of animal neglect pursuant to Section 578.009.

Additionally, the act creates two new felony offenses for abuse or neglect of more than ten animals.

Felony animal neglect arises when one with custody or ownership fails to provide adequate care or control of the animals. The offense is a Class D felony for the first offense, and a Class C felony thereafter. Upon conviction, a court may also restrict the defendant's ability to retain custody or ownership of more than ten animals for five years, or ten years if the defendant has a prior conviction. Additionally, the court may require the defendant to pay reasonable expenses for care of the neglected animals, disposal of any dead or diseased animals, environmental clean-up and minimization of other public health risks.

Felony animal abuse arises when a person intentionally kills more than ten mammals in a manner not authorized by law, intentionally causes injury or suffering to more than ten mammals, or knowingly fails to provide adequate care or control of at least eleven mammals. The offense is a Class D felony for the first offense, and a Class C felony thereafter. However, if the intentional infliction of suffering was precipitated by torture or mutilation, the offense is a Class C felony even upon the first offense. Upon conviction, a court may also restrict the defendant's ability to retain custody or ownership of more than ten mammals for five years, or ten years if the defendant has a prior conviction. Additionally, the court may require the defendant to pay reasonable expenses for care of the neglected mammals, disposal of any dead or diseased mammals, environmental clean-up and minimization of other public health risks.
DENISE GARNIER