Senate Bill No. 62–Senator O’Connell (by
request)
Prefiled January 31, 2001
____________
Referred to Committee on Natural Resources
SUMMARY—Increases penalties for certain
mistreatment of animals. (BDR 50‑713)
FISCAL NOTE: Effect on Local Government: No.
~
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; increasing the penalties for certain mistreatment of animals;
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 574.060
is hereby amended to read as follows:
1-2 574.060 1. A person who keeps or uses, or is in any
manner
1-3 connected with, or
interested in the management of, or receives money for
1-4 the admission of any person
to, a house, apartment, pit or place kept or
1-5 used for baiting or fighting
any bird or animal, and any owner or occupant
1-6 of a house, apartment, pit
or place who willfully procures or permits the
1-7 same to be used or occupied
for such baiting or fighting, is guilty of a
1-8 [misdemeanor,] category D felony and shall be punished as provided in
1-9 NRS 193.130, but if a dog is used in such baiting or fighting the
person is
1-10 guilty of a [gross misdemeanor.] category D felony and shall be punished
1-11 as provided in NRS 193.130, and may be further punished by a fine
of
1-12 not more than $10,000.
1-13 2. Upon complaint under
oath or affirmation to any magistrate
1-14 authorized to issue warrants
in criminal cases that the complainant has just
1-15 and reasonable cause to
suspect that any [of the provisions] provision of
1-16 law relating to or in any [wise]
way affecting
animals [are] is being
or is
1-17 about to be violated in any
particular building or place, [such] the
1-18 magistrate shall immediately
issue and deliver a warrant to any person
1-19 authorized by law to make
arrests for such offenses, authorizing him to
1-20 enter and search [such]
the building or
place, [and] to arrest any person
1-21 there present found violating
any [of such laws,] such law and to bring
1-22 [such] the person before the nearest magistrate of
competent jurisdiction to
1-23 be dealt with according to
law.
2-1 Sec. 2. NRS 574.070 is hereby amended to read as follows:
2-2 574.070 1. Except as otherwise provided in this section,
a person
2-3 who sets on foot,
instigates, promotes or carries on, or does any act as
2-4 assistant, umpire or
principal, or in any way aids in or engages in the
2-5 furtherance of any fight
between cocks or other birds, or bulls, bears or
2-6 other animals in an
exhibition or for amusement or gain, premeditated by a
2-7 person owning or having
custody of such birds or animals, is guilty of a
2-8 [gross misdemeanor,] category D felony and shall be punished as
2-9 provided in NRS 193.130, and may be further punished by a fine of
not
2-10 more than $10,000, but if any dog is used in such a fight the person is
2-11 guilty of a category [D] C felony and shall be
punished as provided in NRS
2-12 193.130. If a person who
violates this section is not a natural person, he
2-13 shall be punished by a fine
of not more than [$10,000.] $20,000.
2-14 2. A person who is a
witness of any fight between cocks or other birds,
2-15 or bulls, bears or other animals
in an exhibition or for amusement or gain,
2-16 premeditated by a person
having custody of such birds or animals, is guilty
2-17 of a [misdemeanor.] category D felony and shall be punished
as provided
2-18 in NRS 193.130.
2-19 3. This section does not
prohibit the use of dogs or birds for:
2-20 (a) The management of livestock by the owner thereof, his employees
2-21 or agents or any other
person in the lawful custody of the livestock; or
2-22 (b) Hunting as permitted by law.
2-23 Sec. 3. NRS 574.100 is hereby amended to read as follows:
2-24 574.100 1. A person shall not:
2-25 (a) Overdrive, overload, torture, cruelly beat or unjustifiably
injure,
2-26 maim, mutilate or kill an
animal, whether belonging to himself or to
2-27 another;
2-28 (b) Deprive an animal of necessary sustenance, food or drink, or
neglect
2-29 or refuse to furnish it such
sustenance or drink;
2-30 (c) Cause, procure or allow an animal to be overdriven, overloaded,
2-31 tortured, cruelly beaten, or
unjustifiably injured, maimed, mutilated or
2-32 killed, or to be deprived of
necessary food or drink;
2-33 (d) Instigate, engage in, or in any way further an act of cruelty
to any
2-34 animal, or any act tending
to produce such cruelty; or
2-35 (e) Abandon an animal in circumstances other than those prohibited
in
2-36 NRS 574.110.
2-37 2. A person who violates
subsection 1:
2-38 (a) For the first offense , [within the
immediately preceding 7 years,]
is
2-39 guilty of a [misdemeanor]
category D felony and
shall be [sentenced to:
2-40 (1) Imprisonment in the
city or county jail or detention facility for not
2-41 less than 2 days, but not more than 6 months; and
2-42 (2) Perform not less than
48 hours, but not more than 120 hours, of
2-43 community service.
2-44 The person shall be further punished by a fine of not less than
$200, but not
2-45 more than $1,000. A term of imprisonment imposed pursuant to this
2-46 paragraph may be served intermittently at the discretion of the judge
or
2-47 justice of the peace, except that each period of confinement must be
not
2-48 less than 4 consecutive hours and must occur either at a time when
the
3-1 person is not required to be at his place of employment or on a
weekend.]
3-2 punished as provided in NRS 193.130.
3-3 (b) For the second [offense
within the immediately preceding 7 years, is
3-4 guilty of a misdemeanor and shall be sentenced to:
3-5 (1) Imprisonment in the
city or county jail or detention facility for not
3-6 less than 10 days, but not more than 6 months; and
3-7 (2) Perform not less than
100 hours, but not more than 200 hours, of
3-8 community service.
3-9 The person shall be further punished by a fine of not less than
$500, but not
3-10 more than $1,000.
3-11 (c) For the third] and any subsequent offense , [within the immediately
3-12 preceding 7 years,] is guilty of a category C
felony and shall be punished
3-13 as provided in NRS 193.130.
3-14 3. In addition to any other
fine or penalty provided in subsection 2, a
3-15 court shall order a person
convicted of violating subsection 1 to pay
3-16 restitution for all costs
associated with the care and impoundment of any
3-17 mistreated animal under
subsection 1, including, without limitation, money
3-18 expended for veterinary
treatment, feed and housing.
3-19 4. The court may order the
person convicted of violating subsection 1
3-20 to surrender ownership or
possession of the mistreated animal.
3-21 5. The provisions of this
section do not apply with respect to an injury
3-22 to or the death of an animal
that occurs accidentally in the normal course
3-23 of:
3-24 (a) Carrying out the activities of a rodeo or livestock show; or
3-25 (b) Operating a ranch.
3-26 Sec. 4. NRS 574.105 is hereby amended to read as follows:
3-27 574.105 1. A person shall not willfully and maliciously:
3-28 (a) Taunt, torment, tease, beat, strike or administer a
desensitizing drug,
3-29 chemical or substance to a
police animal;
3-30 (b) Interfere with a police animal or a handler thereof in the
3-31 performance of duties
assigned to the police animal or handler; or
3-32 (c) Torture, mutilate, injure, poison, disable or kill a police
animal.
3-33 2. A person who violates:
3-34 (a) Paragraph (a) or (b) of subsection 1 is guilty of a [misdemeanor.]
3-35 category D felony and shall be punished as provided in NRS 193.130.
3-36 (b) Paragraph (c) of subsection 1 is guilty of:
3-37 (1) If the police animal is not totally disabled or killed, a [gross
3-38 misdemeanor.] category D felony and shall be punished as provided in
3-39 NRS 193.130, and may be further punished by a fine of not more than
3-40 $10,000.
3-41 (2) If the police animal is totally disabled or killed, a
category C
3-42 felony and shall be punished
as provided in NRS 193.130. In addition to
3-43 the punishment imposed
pursuant to this subparagraph, the court may
3-44 require a person who is
punished pursuant to this subparagraph to pay
3-45 restitution to the agency
that owns the police animal, including, without
3-46 limitation, payment for
veterinary services and the cost of replacing the
3-47 police animal.
3-48 3. The provisions of this
section do not prohibit a euthanasia
3-49 technician licensed pursuant
to chapter 638 of NRS, a peace officer or a
4-1 veterinarian from
euthanizing a police animal in an emergency if the police
4-2 animal is critically wounded
and would otherwise endure undue suffering
4-3 and pain.
4-4 Sec. 5. NRS 574.107 is hereby amended to read as follows:
4-5 574.107 1. A person shall not:
4-6 (a) Willfully, unjustifiably and maliciously tamper or interfere
with;
4-7 (b) Willfully and unjustifiably abuse or injure, or willfully and
4-8 unjustifiably set on foot,
instigate, engage in or in any way further an act of
4-9 abusing or injuring; or
4-10 (c) Willfully and unjustifiably kill or willfully and unjustifiably
set on
4-11 foot, instigate, engage in
or in any way further an act of killing,
4-12 a dog owned by another
person that is used in an exhibition, show, contest
4-13 or other event in which the
skill, breeding or stamina of the dog is judged
4-14 or examined.
4-15 2. A person who violates:
4-16 (a) Paragraph (a) of subsection 1 is guilty of a [misdemeanor.] category
4-17 D felony and shall be punished as provided in NRS 193.130.
4-18 (b) Paragraph (b) of subsection 1 is guilty of a [gross misdemeanor.]
4-19 category D felony and shall be punished as provided in NRS 193.130,
4-20 and may be further punished by a fine of not more than $10,000.
4-21 (c) Paragraph (c) of subsection 1 is guilty of a category [E] C felony and
4-22 shall be punished as
provided in NRS 193.130.
4-23 Sec. 6. NRS 574.110 is hereby amended to read as follows:
4-24 574.110 1. A person being the owner or possessor, or
having charge
4-25 or custody, of a maimed,
diseased, disabled or infirm animal, who
4-26 abandons [such]
the animal or leaves
it to die in a public street, road or
4-27 public place, or who allows
it to lie in a public street, road or public place
4-28 more than 3 hours after he
receives notice that it is left disabled, is guilty of
4-29 a [misdemeanor.] category D felony and shall be punished
as provided in
4-30 NRS 193.130.
4-31 2. Any agent or officer of
any society for the prevention of cruelty to
4-32 animals, or of any society
duly incorporated for that purpose, or any police
4-33 officer, may lawfully
destroy or cause to be destroyed any animal found
4-34 abandoned and not properly
cared for, appearing, in the judgment of two
4-35 reputable citizens called by
him to view the [same] animal
in his presence,
4-36 to be glandered, injured or
diseased past recovery for any useful purpose,
4-37 or after [such]
the agent or officer
has obtained in writing from the owner
4-38 of [such]
the animal his
consent to such destruction.
4-39 3. When any person arrested
is, at the time of [such] the arrest,
in
4-40 charge of any animal or of
any vehicle drawn by or containing any animal,
4-41 any agent or officer of such
a society [or societies]
or any police officer
4-42 may take charge of [such]
the animal and of [such]
the vehicle and its
4-43 contents and deposit the
same in a safe place of custody, or deliver the
4-44 same into the possession of
the police or sheriff of the county or place
4-45 wherein [such]
the arrest was made,
who shall thereupon assume the
4-46 custody thereof. All
necessary expenses incurred in taking charge of such
4-47 property [shall be]
are a charge
thereon.
5-1 Sec. 7. NRS 574.120 is hereby amended to read as follows:
5-2 574.120 1. A person who, having impounded or confined
any
5-3 animal, refuses or neglects
to supply to [such] the animal
during its
5-4 confinement a sufficient
supply of good and wholesome air, food, shelter
5-5 and water is guilty of a [misdemeanor.] category D felony and shall be
5-6 punished as provided in NRS 193.130.
5-7 2. If any animal [shall be]
is at any time
impounded as provided in
5-8 subsection 1, and [shall continue]
continues to be
without necessary food
5-9 and water for more than 12
successive hours, [it shall be lawful for
any
5-10 person from time to time, and] any person may, as often as it [shall be
5-11 necessary, to] is necessary, enter into and upon any pound in
which [any
5-12 such animal shall be] the animal is so confined and [to]
supply it with
5-13 necessary food and water, so
long as it [shall remain] remains so confined.
5-14 Such a person [shall not be]
is not liable to any
action for such entry, and
5-15 the reasonable cost of such
food and water may be collected by him from
5-16 the owner of [such]
the animal, and the
animal [shall not be] is not exempt
5-17 from levy and sale upon
execution issued upon a judgment therefor.
5-18 Sec. 8. NRS 574.130 is hereby amended to read as follows:
5-19 574.130 A person who
willfully sells or offers to sell, uses, exposes, or
5-20 causes or permits to be
sold, offered for sale, used or exposed, any horse or
5-21 other animal having the disease
known as glanders or farcy, or other
5-22 contagious or infectious
disease dangerous to the life or health of human
5-23 beings or animals, or which
is diseased past recovery, or who refuses upon
5-24 demand to deprive of life an
animal affected with any such disease, is
5-25 guilty of a [misdemeanor.] category D felony and shall be punished
as
5-26 provided in NRS 193.130.
5-27 Sec. 9. NRS 574.150 is hereby amended to read as follows:
5-28 574.150 1. A person who unjustifiably administers any
poisonous or
5-29 noxious drug or substance to
a horse, mule or domestic cattle, or
5-30 unjustifiably exposes any
such drug or substance with the intent that it be
5-31 taken by a horse, mule or [by]
domestic cattle, whether the horse, mule or
5-32 domestic cattle are the
property of himself or another, is guilty of a
5-33 category C felony and shall
be punished as provided in NRS 193.130. In
5-34 addition to any other
penalty, the court shall order the person to pay
5-35 restitution.
5-36 2. A person who
unjustifiably administers any poisonous or noxious
5-37 drug or substance to any
animal other than a horse, mule or domestic cattle,
5-38 or unjustifiably exposes any
such drug or substance with the intent that it
5-39 be taken by an animal other
than a horse, mule or domestic cattle, whether
5-40 the animal is the property
of himself or another, is guilty of a [gross
5-41 misdemeanor.] category D felony and shall be punished as provided in
5-42 NRS 193.130, and may be further punished by a fine of not more than
5-43 $10,000. In addition to any other penalty, the court shall order
the person
5-44 to pay restitution.
5-45 3. This section does not
prohibit the destruction of noxious animals.
5-46 Sec. 10. NRS 574.160 is hereby amended to read as follows:
5-47 574.160 A person who
willfully throws, drops or places, or causes to
5-48 be thrown, dropped or
placed, upon any road, highway, street or public
5-49 place, any glass, nails,
pieces of metal, or other substance which might
6-1 wound, disable or injure any
animal is guilty of a [misdemeanor.] category
6-2 D felony and shall be punished as provided in NRS 193.130.
6-3 Sec. 11. NRS 574.170 is hereby amended to read as follows:
6-4 574.170 A person who keeps
a cow or any animal for the production
6-5 of milk in a crowded or
unhealthy place, or in a diseased condition, or
6-6 feeds such a cow or animal upon any
food that produces impure or
6-7 unwholesome milk, is guilty
of a [misdemeanor.] category D felony and
6-8 shall be punished as provided in NRS 193.130.
6-9 Sec. 12. NRS 574.180 is hereby amended to read as follows:
6-10 574.180 A person driving
any vehicle upon any plank road, turnpike or
6-11 public highway, who
unjustifiably runs the horses drawing the same, or
6-12 causes or permits them to
run, is guilty of a [misdemeanor.] category D
6-13 felony and shall be punished as provided in NRS 193.130.
6-14 Sec. 13. NRS 574.190 is hereby amended to read as follows:
6-15 574.190 A person who
carries or causes to be carried in or upon any
6-16 vessel or vehicle or
otherwise any animal in a cruel or [inhuman]
6-17 inhumane manner, or so as to produce torture, is guilty of a
6-18 [misdemeanor.] category D felony and shall be punished as provided in
6-19 NRS 193.130.
6-20 Sec. 14. NRS 206.150 is hereby amended to read as follows:
6-21 206.150 1. Except as otherwise provided in subsections 2
and 3, any
6-22 person who willfully and
maliciously kills, maims or disfigures any animal
6-23 belonging to another, or
exposes any poison or noxious substance with
6-24 intent that it should be
taken by the animal is guilty of a [public
offense
6-25 proportionate to the value of the loss resulting therefrom but in no
event
6-26 less than a gross misdemeanor.] category D felony and shall be punished
6-27 as provided in NRS 193.130, and may be further punished by a fine
of
6-28 not more than $10,000.
6-29 2. Except as otherwise
provided in NRS 205.220, a person who
6-30 willfully and maliciously
kills an estray or one or more head of livestock,
6-31 without the authority to do
so, is guilty of a category C felony and shall be
6-32 punished as provided in NRS
193.130.
6-33 3. The provisions of
subsection 1 do not apply to any person who kills
6-34 a dog pursuant to NRS
575.020.
6-35 4. As used in this section:
6-36 (a) “Estray” means any livestock running at large upon public or
private
6-37 lands in this state, whose
owner is unknown in the section where the
6-38 animal is found.
6-39 (b) “Livestock” has the meaning ascribed to it in NRS 205.219.
6-40 Sec. 15. NRS 426.790 is hereby amended to read as follows:
6-41 426.790 1. A person shall not willfully and maliciously:
6-42 (a) Interfere with;
6-43 (b) [Beat, harass] Harass or intimidate; [or]
6-44 (c) Beat; or
6-45 (d) Kill,
6-46 a guide dog, hearing dog,
helping dog or other service animal.
6-47 2. Any person who violates:
6-48 (a) Paragraph (a) of subsection 1 is guilty of a misdemeanor.
6-49 (b) Paragraph (b) of subsection 1 is guilty of a gross misdemeanor.
7-1 (c) Paragraph (c) of subsection 1 is guilty of a category [E] D felony
7-2 and shall be punished as
provided in NRS 193.130.
7-3 (d) Paragraph (d) of
subsection 1 is guilty of a category C felony and
7-4 shall be punished as provided in NRS 193.130.
7-5 Sec. 16. The amendatory provisions of this act do not apply to
7-6 offenses committed before
the effective date of this act.
7-7 Sec. 17. This act becomes effective upon passage and approval.
7-8 H