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 | |||
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