SB62_EN

Senate Bill No. 62–Senator O’Connell (by request)

CHAPTER..........

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.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 574.060 is hereby amended to read as follows:

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.

punished as provided in NRS 193.130.

3. Upon complaint under oath or affirmation to any magistrate

authorized to issue warrants in criminal cases that the complainant has just

and reasonable cause to suspect that any [of the provisions] provision of

law relating to or in any [wise] way affecting animals [are] is being or is

about to be violated in any particular building or place, [such] the

magistrate shall immediately issue and deliver a warrant to any person

authorized by law to make arrests for such offenses, authorizing him to

enter and search [such] the building or place, [and] to arrest any person

there present found violating any [of such laws,] such law and to bring

[such] the person before the nearest magistrate of competent jurisdiction to

be dealt with according to law.

Sec. 2. NRS 574.070 is hereby amended to read as follows:

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.

punished as provided in NRS 193.130.

4. 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.

punished as provided in NRS 193.130.

5. If a violation of subsection 1 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.

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:

(a) The management of livestock by the owner thereof, his employees

or agents or any other person in the lawful custody of the livestock; or

(b) Hunting as permitted by law.

Sec. 3. NRS 574.105 is hereby amended to read as follows:

574.105 1. A person shall not willfully and maliciously:

(a) Taunt, torment, tease, beat, strike or administer a desensitizing drug,

chemical or substance to a police animal;

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

performance of duties assigned to the police animal or handler; or

2. A person who violates:

(a) Paragraph (a) or (b) of subsection 1 is guilty of a [misdemeanor.]

category D felony and shall be punished as provided in NRS 193.130.

(b) Paragraph (c) of subsection 1 is guilty of:

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

misdemeanor.] category D felony and shall be punished as provided in

NRS 193.130, and may be further punished by a fine of not more than

$10,000.

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

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

the punishment imposed pursuant to this subparagraph, the court may

require a person who is punished pursuant to this subparagraph to pay

restitution to the agency that owns the police animal, including, without

limitation, payment for veterinary services and the cost of replacing the

police animal.

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

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

veterinarian from euthanizing a police animal in an emergency if the police

animal is critically wounded and would otherwise endure undue suffering

and pain.

Sec. 4. NRS 574.107 is hereby amended to read as follows:

574.107 1. A person shall not:

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

(b) Willfully and unjustifiably abuse or injure, or willfully and

unjustifiably set on foot, instigate, engage in or in any way further an act of

abusing or injuring; or

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

a dog owned by another person that is used in an exhibition, show, contest

or other event in which the skill, breeding or stamina of the dog is judged

or examined.

2. A person who violates:

(a) Paragraph (a) of subsection 1 is guilty of a [misdemeanor.] category

D felony and shall be punished as provided in NRS 193.130.

(b) Paragraph (b) of subsection 1 is guilty of a [gross misdemeanor.]

category D felony and shall be punished as provided in NRS 193.130,

and may be further punished by a fine of not more than $10,000.

shall be punished as provided in NRS 193.130.

Sec. 5. NRS 574.120 is hereby amended to read as follows:

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.]

A person who violates subsection 1:

(a) For the first 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 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.

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 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.

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

not more than $1,000.

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

as provided in NRS 193.130.

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

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

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

mistreated animal under subsection 1, including, without limitation,

money expended for veterinary treatment, feed and housing.

4. If any animal [shall be] is at any time impounded as provided in

subsection 1, and [shall continue] continues to be without necessary food

and water for more than 12 successive hours, [it shall be lawful for any

person from time to time, and] any person may, as often as it [shall be

necessary, to] is necessary, enter into and upon any pound in which [any

such animal shall be] the animal is so confined and [to] supply it with

necessary food and water, so long as it [shall remain] remains so confined.

Such a person [shall not be] is not liable to any action for such entry, and

the reasonable cost of such food and water may be collected by him from

the owner of [such] the animal, and the animal [shall not be] is not exempt

from levy and sale upon execution issued upon a judgment therefor.

Sec. 6. NRS 574.150 is hereby amended to read as follows:

574.150 1. A person who unjustifiably administers any poisonous or

noxious drug or substance to a horse, mule or domestic cattle, or

unjustifiably exposes any such drug or substance with the intent that it be

taken by a horse, mule or [by] domestic cattle, whether the horse, mule or

domestic cattle are the property of himself or another, is guilty of a

category C felony and shall be punished as provided in NRS 193.130. In

addition to any other penalty, the court shall order the person to pay

restitution.

2. A person who unjustifiably administers any poisonous or noxious

drug or substance to any animal other than a horse, mule or domestic cattle,

or unjustifiably exposes any such drug or substance with the intent that it

be taken by an animal other than a horse, mule or domestic cattle, whether

the animal is the property of himself or another, is guilty of a gross

misdemeanor. In addition to any other penalty, the court shall order the

person to pay restitution.

3. This section does not prohibit the destruction of noxious animals.

Sec. 7. 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.

Sec. 8. NRS 206.150 is hereby amended to read as follows:

206.150 1. Except as otherwise provided in subsections 2 and 3, any

person who willfully and maliciously kills, maims or disfigures any animal

belonging to another, or exposes any poison or noxious substance with

intent that it should be taken by the animal is guilty of a [public offense

proportionate to the value of the loss resulting therefrom but in no event

less than a gross misdemeanor.] category D felony and shall be punished

as provided in NRS 193.130, and may be further punished by a fine of

not more than $10,000.

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

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

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

punished as provided in NRS 193.130.

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

a dog pursuant to NRS 575.020.

4. As used in this section:

(a) “Estray” means any livestock running at large upon public or private

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

animal is found.

(b) “Livestock” has the meaning ascribed to it in NRS 205.219.

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

426.790 1. A person shall not willfully and maliciously:

(a) Interfere with;

(b) [Beat, harass] Harass or intimidate; [or]

(d) Kill,

a guide dog, hearing dog, helping dog or other service animal.

2. Any person who violates:

(a) Paragraph (a) of subsection 1 is guilty of a misdemeanor.

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

and shall be punished as provided in NRS 193.130.

(d) Paragraph (d) of subsection 1 is guilty of a category C felony and

shall be punished as provided in NRS 193.130.

Sec. 10. 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 or paragraph (b) or (c)

of subsection 5 of NRS 574.070, as amended by this act.

Sec. 11. This act becomes effective upon passage and approval.

²⁰~~~~~⁰¹