Senate Bill No. 396–Senators Townsend and Titus

March 12, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Revises provisions relating to certain animals. (BDR 15-987)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to animals; making certain acts regarding the treatment of certain animals unlawful; increasing the penalties for certain mistreatment of animals; clarifying the definition of a service animal; providing penalties; providing certain exceptions with respect to rodeos, livestock shows and ranches; prohibiting a place of public accommodation from refusing admission or service to a person who is accompanied by a police dog; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 206.150 is hereby amended to read as follows:

1-2 206.150 1. Except as otherwise provided in [subsection 2,]

1-3 subsections 2 and 3, any person who willfully and maliciously kills, maims

1-4 or disfigures any animal belonging to another, or exposes any poison or

1-5 noxious substance with intent that it should be taken by the animal is guilty

1-6 of a public offense proportionate to the value of the loss resulting therefrom

1-7 but in no event less than a gross misdemeanor.

1-8 2. Except as otherwise provided in NRS 205.220, a person who

1-9 willfully and maliciously kills an estray or one or more head of livestock,

1-10 without the authority to do so, is guilty of a category C felony and shall

1-11 be punished as provided in NRS 193.130.

1-12 3. The provisions of subsection 1 do not apply to any person who kills

1-13 a dog pursuant to NRS 575.020.

1-14 4. As used in this section:

2-1 (a) "Estray" means any livestock running at large upon public or

2-2 private lands in this state, whose owner is unknown in the section where

2-3 the animal is found.

2-4 (b) "Livestock" has the meaning ascribed to it in NRS 205.219.

2-5 Sec. 2. NRS 426.097 is hereby amended to read as follows:

2-6 426.097 "Service animal" means an animal which has been or is being

2-7 trained to provide a specialized service to a handicapped person [.] by a

2-8 school that is approved by the division to train such an animal.

2-9 Sec. 3. NRS 426.790 is hereby amended to read as follows:

2-10 426.790 1. [It is unlawful for any person to beat, harass, intimidate or

2-11 interfere with] A person shall not willfully and maliciously:

2-12 (a) Interfere with;

2-13 (b) Beat, harass or intimidate; or

2-14 (c) Kill,

2-15 a guide dog, hearing dog, helping dog or other service animal.

2-16 2. Any person who violates [subsection 1 shall be punished by

2-17 imprisonment in the county jail for not more than 6 months, or by a fine
2-18 of not less than $100 nor more than $500, or by both fine and

2-19 imprisonment.] :

2-20 (a) Paragraph (a) of subsection 1 is guilty of a misdemeanor.

2-21 (b) Paragraph (b) of subsection 1 is guilty of a gross misdemeanor.

2-22 (c) Paragraph (c) of subsection 1 is guilty of a category E felony and

2-23 shall be punished as provided in NRS 193.130.

2-24 Sec. 4. NRS 504.490 is hereby amended to read as follows:

2-25 504.490 1. Any person, not authorized to do so, who:

2-26 [1.] (a) Removes or attempts to remove a wild horse from the public

2-27 lands;

2-28 [2.] (b) Converts a wild horse to private use;

2-29 [3.] (c) Harasses a wild horse or , except as otherwise provided in

2-30 subsection 2, kills a wild horse;

2-31 [4.] (d) Uses an aircraft or a motor vehicle to hunt any wild horse;

2-32 [5.] (e) Pollutes or causes the pollution of a watering hole on public

2-33 land to trap, wound, kill or maim a wild horse;

2-34 [6.] (f) Makes or causes the remains of a wild horse to be made into any

2-35 commercial product;

2-36 [7.] (g) Sells a wild horse which strays onto private property; or

2-37 [8.] (h) Willfully violates a regulation adopted by the commission for

2-38 the preservation of wild horses,

2-39 is guilty of a gross misdemeanor.

2-40 2. A person who willfully and maliciously kills a wild horse is guilty

2-41 of a category C felony and shall be punished as provided in NRS

2-42 193.130.

3-1 Sec. 5. Chapter 574 of NRS is hereby amended by adding thereto the

3-2 provisions set forth as sections 6 and 7 of this act.

3-3 Sec. 6. 1. A person shall not willfully and maliciously:

3-4 (a) Taunt, torment, tease, beat, strike or administer a desensitizing

3-5 drug, chemical or substance to a police animal;

3-6 (b) Interfere with a police animal or a handler thereof in the

3-7 performance of duties assigned to the police animal or handler; or

3-8 (c) Torture, mutilate, injure, poison, disable or kill a police animal.

3-9 2. A person who violates:

3-10 (a) Paragraph (a) or (b) of subsection 1 is guilty of a misdemeanor.

3-11 (b) Paragraph (c) of subsection 1 is guilty of:

3-12 (1) If the police animal is not totally disabled or killed, a gross

3-13 misdemeanor.

3-14 (2) If the police animal is totally disabled or killed, a category C

3-15 felony and shall be punished as provided in NRS 193.130. In addition to

3-16 the punishment imposed pursuant to this subparagraph, the court may

3-17 require a person who is punished pursuant to this subparagraph to pay

3-18 restitution to the agency that owns the police animal, including, without

3-19 limitation, payment for veterinary services and the cost of replacing the

3-20 police animal.

3-21 3. The provisions of this section do not prohibit a euthanasia

3-22 technician licensed pursuant to chapter 638 of NRS, a peace officer or a

3-23 veterinarian from euthanizing a police animal in an emergency if the

3-24 police animal is critically wounded and would otherwise endure undue

3-25 suffering and pain.

3-26 Sec. 7. 1. A person shall not:

3-27 (a) Willfully, unjustifiably and maliciously tamper or interfere with;

3-28 (b) Willfully and unjustifiably abuse or injure, or willfully and

3-29 unjustifiably set on foot, instigate, engage in or in any way further an act

3-30 of abusing or injuring; or

3-31 (c) Willfully and unjustifiably kill or willfully and unjustifiably set on

3-32 foot, instigate, engage in or in any way further an act of killing,

3-33 a dog owned by another person that is used in an exhibition, show,

3-34 contest or other event in which the skill, breeding or stamina of the dog is

3-35 judged or examined.

3-36 2. A person who violates:

3-37 (a) Paragraph (a) of subsection 1 is guilty of a misdemeanor.

3-38 (b) Paragraph (b) of subsection 1 is guilty of a gross misdemeanor.

3-39 (c) Paragraph (c) of subsection 1 is guilty of a category E felony and

3-40 shall be punished as provided in NRS 193.130.

3-41 Sec. 8. NRS 574.050 is hereby amended to read as follows:

3-42 574.050 As used in NRS 574.050 to 574.200, inclusive [:] , and

3-43 sections 6 and 7 of this act:

4-1 1. "Animal" does not include the human race, but includes every other

4-2 living creature.

4-3 2. "Police animal" means an animal which is owned by a state or

4-4 local governmental agency and which is used by a peace officer in

4-5 performing his duties as a peace officer.

4-6 3. "Torture" or "cruelty" includes every act, omission or neglect,

4-7 whereby unjustifiable physical pain, suffering or death is caused or

4-8 permitted.

4-9 Sec. 9. NRS 574.055 is hereby amended to read as follows:

4-10 574.055 1. Any peace officer or officer of a society for the

4-11 prevention of cruelty to animals who is authorized to make arrests pursuant

4-12 to NRS 574.040 shall, upon discovering any animal which is being treated

4-13 cruelly, take possession of it and provide it with shelter and care or, upon

4-14 obtaining written permission from the owner of the animal, may destroy it

4-15 in a humane manner.

4-16 2. When an officer takes possession of an animal, he shall give to the

4-17 owner, if the owner can be found, a notice containing a written statement of

4-18 the reasons for the taking, the location where the animal will be cared for

4-19 and sheltered, and the fact that there is a limited lien on the animal for the

4-20 cost of shelter and care. If the owner is not present at the taking and the

4-21 officer cannot find the owner after a reasonable search, he shall post the

4-22 notice on the property from which he takes the animal. If the identity and

4-23 address of the owner are later determined, the notice must be mailed to the

4-24 owner immediately after the determination is made.

4-25 3. An officer who takes possession of an animal pursuant to this section

4-26 has a lien on the animal for the reasonable cost of care and shelter furnished

4-27 to the animal and, if applicable, for its humane destruction. The lien does

4-28 not extend to the cost of care and shelter for more than 2 weeks.

4-29 4. Upon proof that the owner has been notified in accordance with

4-30 subsection 2 or, if he has not been found or identified, that the required

4-31 notice has been posted on the property where the animal was found, a court

4-32 of competent jurisdiction may, after providing an opportunity for a hearing,

4-33 order the animal sold at auction, humanely destroyed or continued in the

4-34 care of the officer for such disposition as the officer sees fit.

4-35 5. An officer who seizes an animal pursuant to this section is not liable

4-36 for any action arising out of the taking or humane destruction of the animal.

4-37 6. This section does not apply to any animal which is located on land

4-38 being employed for an agricultural use as defined in NRS 361A.030 unless

4-39 the owner of the animal or the person charged with the care of the animal is

4-40 in violation of paragraph (b) of subsection [2] 1 of NRS 574.100 and the

4-41 impoundment is accomplished with the concurrence and supervision of the

4-42 sheriff or his designee, a licensed veterinarian and the district brand

4-43 inspector or his designee. In such a case, the sheriff shall direct that the

5-1 impoundment occur no later than 48 hours after the veterinarian determines

5-2 that a violation of paragraph (b) of subsection [2] 1 of NRS 574.100

5-3 exists.

5-4 7. The owner of an animal impounded in accordance with subsection 6

5-5 must, before the animal is released to his custody, pay the charges approved

5-6 by the sheriff as reasonably related to the impoundment, including the

5-7 charges for the animal’s food and water. If the owner is unable or refuses to

5-8 pay the charges, the division of agriculture of the department of business

5-9 and industry shall sell the animal. The division shall pay to the owner the

5-10 proceeds of the sale remaining after deducting the charges reasonably

5-11 related to the impoundment.

5-12 Sec. 10. NRS 574.100 is hereby amended to read as follows:

5-13 574.100 [Except in any case involving a willful or malicious act for

5-14 which a greater penalty is provided by NRS 206.150, a person who:

5-15 1. Overdrives, overloads, tortures or cruelly beats or unjustifiably

5-16 injures, maims, mutilates or kills any]

5-17 1. A person shall not:

5-18 (a) Overdrive, overload, torture, cruelly beat or unjustifiably injure,

5-19 maim, mutilate or kill an animal, whether belonging to himself or to

5-20 another;

5-21 [2. Deprives any]

5-22 (b) Deprive an animal of necessary sustenance, food or drink, or

5-23 [neglects or refuses] neglect or refuse to furnish it such sustenance or

5-24 drink;

5-25 [3. Causes, procures or permits any]

5-26 (c) Cause, procure or allow an animal to be overdriven, overloaded,

5-27 tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or

5-28 killed, or to be deprived of necessary food or drink;

5-29 [4. Willfully sets on foot, instigates, engages]

5-30 (d) Instigate, engage in, or in any way [furthers] further an act of

5-31 cruelty to any animal, or any act tending to produce such cruelty; or

5-32 [5. Abandons]

5-33 (e) Abandon an animal in circumstances other than those prohibited in

5-34 NRS 574.110 . [,

5-35 is guilty of a misdemeanor.]

5-36 2. A person who violates subsection 1:

5-37 (a) For the first offense within the immediately preceding 7 years, is

5-38 guilty of a misdemeanor and shall be sentenced to:

5-39 (1) Imprisonment in the city or county jail or detention facility for

5-40 not less than 2 days, but not more than 6 months; and

5-41 (2) Perform not less than 48 hours, but not more than 120 hours, of

5-42 community service.

6-1 The person shall be further punished by a fine of not less than $200, but

6-2 not more than $1,000. A term of imprisonment imposed pursuant to this

6-3 paragraph may be served intermittently at the discretion of the judge or

6-4 justice of the peace, except that each period of confinement must be not

6-5 less than 4 consecutive hours and must occur either at a time when the

6-6 person is not required to be at his place of employment or on a weekend.

6-7 (b) For the second offense within the immediately preceding 7 years,

6-8 is guilty of a misdemeanor and shall be sentenced to:

6-9 (1) Imprisonment in the city or county jail or detention facility for

6-10 not less than 10 days, but not more than 6 months; and

6-11 (2) Perform not less than 100 hours, but not more than 200 hours,

6-12 of community service.

6-13 The person shall be further punished by a fine of not less than $500, but

6-14 not more than $1,000.

6-15 (c) For the third and any subsequent offense within the immediately

6-16 preceding 7 years, is guilty of a category C felony and shall be punished

6-17 as provided in NRS 193.130.

6-18 3. In addition to any other fine or penalty provided in subsection 2, a

6-19 court shall order a person convicted of violating subsection 1 to pay

6-20 restitution for all costs associated with the care and impoundment of any

6-21 mistreated animal under subsection 1, including, without limitation,

6-22 money expended for veterinary treatment, feed and housing.

6-23 4. The court may order the person convicted of violating subsection 1

6-24 to surrender ownership or possession of the mistreated animal.

6-25 5. The provisions of this section do not apply with respect to an

6-26 injury to or the death of an animal that occurs accidentally in the normal

6-27 course of:

6-28 (a) Carrying out the activities of a rodeo or livestock show; or

6-29 (b) Operating a ranch.

6-30 Sec. 11. NRS 651.075 is hereby amended to read as follows:

6-31 651.075 1. It is unlawful for a place of public accommodation to:

6-32 (a) Refuse admittance or service to a person with a visual, aural or

6-33 physical disability because he is accompanied by a guide dog, hearing dog,

6-34 helping dog or other service animal . [;]

6-35 (b) Refuse admittance or service to a person training such an animal . [;]

6-36 (c) Refuse to permit an employee of the place of public accommodation

6-37 who is training such an animal to bring the animal into:

6-38 (1) The place of public accommodation; or

6-39 (2) Any area within the place of public accommodation to which

6-40 employees of the place have access, regardless of whether the area is open

6-41 to the public . [; or]

6-42 (d) Refuse admittance or service to a person because he is

6-43 accompanied by a police dog.

7-1 (e) Charge an additional fee for such an animal.

7-2 2. A place of accommodation may require proof that an animal is a

7-3 guide dog, hearing dog, helping dog or other service animal, or that a

7-4 person is training such an animal. This requirement may be satisfied, by

7-5 way of example and not of limitation, by exhibition of the identification

7-6 card normally presented to a trainer of such an animal or to a person with a

7-7 visual, aural or physical disability upon his graduation from a school for

7-8 guide dogs, school for hearing dogs , [or] school for helping dogs [.] or

7-9 other school that is approved by the rehabilitation division of the

7-10 department of employment, training and rehabilitation to train a service

7-11 animal to provide a specialized service to a handicapped person.

7-12 3. A guide dog, hearing dog, helping dog or other service animal may

7-13 not be presumed dangerous by reason of the fact it is not muzzled.

7-14 4. This section does not relieve [a] :

7-15 (a) A person with a disability or a person who trains such an animal

7-16 from liability for damage caused by his guide dog, hearing dog, helping

7-17 dog or other service animal.

7-18 (b) A person who is accompanied by a police dog from liability for

7-19 damage caused by the police dog.

7-20 5. Persons with disabilities who are accompanied by guide dogs,

7-21 hearing dogs, helping dogs or other service animals are subject to the same

7-22 conditions and limitations that apply to persons who are not so disabled and

7-23 accompanied.

7-24 6. Persons who are accompanied by police dogs are subject to the

7-25 same conditions and limitations that apply to persons who are not so

7-26 accompanied.

7-27 7. For the purposes of this section [, the] :

7-28 (a) The terms "guide dog," "hearing dog," "helping dog" and "service

7-29 animal" have the meanings ascribed to them respectively in NRS 426.075,

7-30 426.081, 426.083 and 426.097.

7-31 (b) "Police dog" means a dog which is owned by a state or local

7-32 governmental agency and which is used by a peace officer in performing

7-33 his duties as a peace officer.

7-34 Sec. 12. The amendatory provisions of this act do not apply to

7-35 offenses that were committed before October 1, 1999.

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