2001 REGULAR SESSION (71st) A SB62 149
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend section 1, page 1, by deleting lines 2 through 13 and inserting:
“574.060 1. A person [who keeps or uses, or is] shall not keep or use, or in any manner be connected with, or be interested in the management of, or [receives] receive money for the admission of any person to, a house, apartment, pit or place kept or used for baiting or fighting any bird or animal, [and any] or be an owner or occupant of a house, apartment, pit or place who willfully procures or permits the same to be used or occupied for such baiting or fighting . [, is guilty of a misdemeanor, but if a dog is used in such baiting or fighting the person is guilty of a gross misdemeanor.]
2. A person who violates any provision of subsection 1 is guilty of:
(a) For a first offense, a gross misdemeanor.
(b) For a second offense, a category E felony and shall be punished as provided in NRS 193.130.
(c) For a third or subsequent offense, a category D felony and shall be punished as provided in NRS 193.130.
3. Upon complaint under oath or affirmation to any magistrate”.
Amend sec. 2, page 2, by deleting lines 2 through 19 and inserting:
“574.070 1. Except as otherwise provided in this section, a person [who sets on foot, instigates, promotes or carries on, or does] shall not set on foot, instigate, promote, carry on or do any act as an assistant, umpire or principal, or in any way [aids] aid in or [engages] engage in the furtherance of any fight between cocks or other birds, or bulls, bears or other animals in an exhibition or for amusement or gain, premeditated by a person owning or having custody of such birds or animals . [, is guilty of a gross misdemeanor, but if any dog is used in such a fight the person is guilty of a category D felony and shall be punished as provided in NRS 193.130. If a person who violates this section is not a natural person, he shall be punished by a fine of not more than $10,000.]
2. A person [who is a witness of] shall not witness any fight between cocks or other birds, or bulls, bears or other animals in an exhibition or for amusement or gain, which is premeditated by a person having custody of such birds or animals . [, is guilty of a misdemeanor.]
3. Except as otherwise provided in subsection 5, a person who violates any provision of subsection 1 is guilty of:
(a) For a first offense, a gross misdemeanor.
(b) For a second offense, a category E felony and shall be punished as provided in NRS 193.130.
(c) For a third or subsequent offense, a category D felony and shall be punished as provided in NRS 193.130.
4. Except as otherwise provided in subsection 5, a person who violates any provision of subsection 2 is guilty of:
(a) For a first offense, a misdemeanor.
(b) For a second offense, a gross misdemeanor.
(c) For a third or subsequent offense, a category E felony and shall be punished as provided in NRS 193.130.
5. If a violation of subsection 1 or 2 involves a dog, a person who commits such a violation is guilty of:
(a) For a first offense, a category D felony and shall be punished as provided in NRS 193.130.
(b) For a second offense, a category C felony and shall be punished as provided in NRS 193.130.
(c) For a third or subsequent offense, a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.
6. If a person who violates this section is not a natural person, he shall be punished by a fine of not more than $10,000.
7. This section does not prohibit the use of dogs or birds for:”.
Amend sec. 3, pages 2 and 3, by deleting lines 37 through 48 on page 2 and lines 1 through 12 on page 3, and inserting:
“2. A person who violates subsection 1 [:
(a) For the first offense within the immediately preceding 7 years is guilty of misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and
(2) Perform not less than 48 hours, but not more than 120 hours, of community service.
FLUSH
The person
shall be further punished by a fine of not less than $200, but not more than
$1,000. A term of imprisonment imposed pursuant to this paragraph may be served
intermittently at the discretion of the judge or justice of the peace, except
that each period of confinement must be not less than 4 consecutive hours and
must occur either at a time when the person is not required to be at his place
of employment or on a weekend.
(b) For the second offense within the immediately preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months; and
(2) Perform not less than 100 hours, but not more than 200 hours, of community service.
FLUSH
The person
shall be further punished by a fine of not less than $500, but not more than
$1,000.
(c) For the third and any subsequent offense within the immediately preceding 7 years,] is guilty of :
(a) If no physical injury results to the animal, a misdemeanor.
(b) If physical injury results to the animal, but substantial bodily harm or death does not result to the animal, a gross misdemeanor.
(c) If substantial bodily harm or death results to the animal, a category C felony and shall be punished”.
Amend sec. 6, page 4, by deleting lines 24 through 31 and inserting:
“574.110 1. A person being the owner or possessor, or having charge or custody, of a maimed, diseased, disabled or infirm animal [, who abandons such] shall not abandon the animal or [leaves] leave it to die in a public street, road or public place, or [who allows] allow it to lie in a public street, road or public place for more than 3 hours after he receives notice that it is left disabled . [, is guilty of a misdemeanor.]
2. A person who violates subsection 1 is guilty of:
(a) If death does not result to the animal, a gross misdemeanor.
(b) If death results to the animal, a category E felony and shall be punished as provided in NRS 193.130.
3. Any agent or officer of any society for the prevention of cruelty to”.
Amend sec. 6, page 4, line 39, by deleting “3.” and inserting “[3.] 4.”.
Amend sec. 7, page 5, by deleting lines 2 through 7 and inserting:
“574.120 1. A person who [, having] has impounded or confined any animal [, refuses or neglects] shall not refuse or neglect to supply to [such] the animal during its confinement a sufficient supply of good and wholesome air, food, shelter and water . [is guilty of a misdemeanor.]
2. A person who violates subsection 1 is guilty of:
(a) If no physical injury results to the animal, a misdemeanor.
(b) If physical injury results to the animal, but substantial bodily harm or death does not result to the animal, a gross misdemeanor.
(c) If substantial bodily harm or death results to the animal, a category D felony and shall be punished as provided in NRS 193.130.
3. If any animal [shall be] is at any time impounded as provided in”.
Amend sec. 11, page 6, by deleting lines 4 through 8 and inserting:
“574.170 1. A person [who keeps] shall not keep a cow or any animal for the production of milk in a crowded or unhealthy place, or in a diseased condition, or [feeds] feed such a cow or animal upon any food that produces impure or unwholesome milk . [, is guilty of a misdemeanor.]
2. A person who violates subsection 1 is guilty of:
(a) For a first offense, a gross misdemeanor.
(b) For a second offense, a category D felony and shall be punished as provided in NRS 193.130.”.
Amend sec. 12, page 6, by deleting lines 10 through 13 and inserting:
“574.180 1. A person driving any vehicle upon any plank road, turnpike or public highway [, who unjustifiably runs] shall not unjustifiably run the horses drawing the same, or [causes or permits] cause or permit them to run . [, is guilty of a misdemeanor.]
2. A person who violates subsection 1 is guilty of:
(a) For a first offense, a misdemeanor.
(b) For a second offense, a gross misdemeanor.
(c) For a third or subsequent offense, a category E felony and shall be punished as provided in NRS 193.130.”.
Amend sec. 13, page 6, by deleting lines 15 through 19 and inserting:
“574.190 1. A person [who carries or causes] shall not carry or cause to be carried in or upon any vessel or vehicle or otherwise any animal in a cruel or [inhuman] inhumane manner, or so as to produce torture . [, is guilty of a misdemeanor.]
2. A person who violates subsection 1 is guilty of:
(a) If no physical injury results to the animal, a misdemeanor.
(b) If physical injury results to the animal, but substantial bodily harm or death does not result to the animal, a gross misdemeanor.
(c) If substantial bodily harm or death results to the animal, a category D felony and shall be punished as provided in NRS 193.130.”.
Amend the bill as a whole by renumbering sections 14 through 17 as sections 15 through 18 and adding a new section designated sec. 14, following sec. 13, to read as follows:
“Sec. 14. Chapter 176A of NRS is hereby amended by adding thereto a new section to read as follows:
1. As a condition of probation, the court may order a defendant who is convicted of a violation of chapter 574 of NRS that is punishable as a felony or gross misdemeanor to:
(a) Submit to a psychiatric evaluation; and
(b) Participate in any counseling or therapy recommended in the evaluation.
2. The court shall order a defendant, to the extent of his financial ability, to pay the cost for an evaluation and any counseling or therapy pursuant to this section.”.
Amend sec. 16, page 7, by deleting lines 5 and 6 and inserting:
“Sec. 17. 1. Except as otherwise provided in subsection 2, the amendatory provisions of this act do not apply to offenses committed before the effective date of this act.
2. The amendatory provisions of this act apply to offenses committed before the effective date of this act for the purpose of determining whether a person is subject to the provisions of paragraph (b) or (c) of subsection 2 of NRS 574.060, paragraph (b) or (c) of subsection 3 of NRS 574.070, paragraph (b) or (c) of subsection 4 of NRS 574.070, paragraph (b) or (c) of subsection 5 of NRS 574.070, paragraph (b) of subsection 2 of NRS 574.170, or paragraph (b) or (c) of subsection 2 of 574.180, as amended by this act.”.
Amend the title of the bill to read as follows:
“AN ACT relating to animals; increasing the penalties for certain mistreatment of animals; authorizing a court to require a defendant convicted of certain offenses involving the mistreatment of animals to submit to a psychiatric evaluation and to participate in counseling or therapy as a condition of probation; and providing other matters properly relating thereto.”.