(REPRINTED WITH ADOPTED AMENDMENTS)

 

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.

                             Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

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:

 

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] shall not keep or use,

1-3  or in any manner be connected with, or be interested in the management of,

1-4  or [receives] receive money for the admission of any person to, a house,

1-5  apartment, pit or place kept or used for baiting or fighting any bird or

1-6  animal, [and any] or be an owner or occupant of a house, apartment, pit or

1-7  place who willfully procures or permits the same to be used or occupied for

1-8  such baiting or fighting . [, is guilty of a misdemeanor, but if a dog is used

1-9  in such baiting or fighting the person is guilty of a gross misdemeanor.]

1-10  2.  A person who violates any provision of subsection 1 is guilty of:

1-11  (a) For a first offense, a gross misdemeanor.

1-12  (b) For a second offense, a category E felony and shall be punished as

1-13  provided in NRS 193.130.

1-14  (c) For a third or subsequent offense, a category D felony and shall be

1-15  punished as provided in NRS 193.130.

1-16  3.  Upon complaint under oath or affirmation to any magistrate

1-17  authorized to issue warrants in criminal cases that the complainant has just

1-18  and reasonable cause to suspect that any [of the provisions] provision of

1-19  law relating to or in any [wise] way affecting animals [are] is being or is

1-20  about to be violated in any particular building or place, [such] the

1-21  magistrate shall immediately issue and deliver a warrant to any person

1-22  authorized by law to make arrests for such offenses, authorizing him to

2-1  enter and search [such] the building or place, [and] to arrest any person

2-2  there present found violating any [of such laws,] such law and to bring

2-3  [such] the person before the nearest magistrate of competent jurisdiction to

2-4  be dealt with according to law.

2-5    Sec. 2.  NRS 574.070 is hereby amended to read as follows:

2-6    574.070  1.  Except as otherwise provided in this section, a person

2-7  [who sets on foot, instigates, promotes or carries on, or does] shall not set

2-8  on foot, instigate, promote, carry on or do any act as an assistant, umpire

2-9  or principal, or in any way [aids] aid in or [engages] engage in the

2-10  furtherance of any fight between cocks or other birds, or bulls, bears or

2-11  other animals in an exhibition or for amusement or gain, premeditated by a

2-12  person owning or having custody of such birds or animals . [, is guilty of a

2-13  gross misdemeanor, but if any dog is used in such a fight the person is

2-14  guilty of a category D felony and shall be punished as provided in NRS

2-15  193.130. If a person who violates this section is not a natural person, he

2-16  shall be punished by a fine of not more than $10,000.]

2-17  2.  A person [who is a witness of] shall not witness any fight between

2-18  cocks or other birds, or bulls, bears or other animals in an exhibition or for

2-19  amusement or gain, which is premeditated by a person having custody of

2-20  such birds or animals . [, is guilty of a misdemeanor.]

2-21  3.  Except as otherwise provided in subsection 5, a person who

2-22  violates any provision of subsection 1 is guilty of:

2-23  (a) For a first offense, a gross misdemeanor.

2-24  (b) For a second offense, a category E felony and shall be punished as

2-25  provided in NRS 193.130.

2-26  (c) For a third or subsequent offense, a category D felony and shall be

2-27  punished as provided in NRS 193.130.

2-28  4.  Except as otherwise provided in subsection 5, a person who

2-29  violates any provision of subsection 2 is guilty of:

2-30  (a) For a first offense, a misdemeanor.

2-31  (b) For a second offense, a gross misdemeanor.

2-32  (c) For a third or subsequent offense, a category E felony and shall be

2-33  punished as provided in NRS 193.130.

2-34  5.  If a violation of subsection 1 or 2 involves a dog, a person who

2-35  commits such a violation is guilty of:

2-36  (a) For a first offense, a category D felony and shall be punished as

2-37  provided in NRS 193.130.

2-38  (b) For a second offense, a category C felony and shall be punished as

2-39  provided in NRS 193.130.

2-40  (c) For a third or subsequent offense, a category B felony and shall be

2-41  punished by imprisonment in the state prison for a minimum term of not

2-42  less than 1 year and a maximum term of not more than 6 years.

2-43  6.  If a person who violates this section is not a natural person, he

2-44  shall be punished by a fine of not more than $10,000.

2-45  7.  This section does not prohibit the use of dogs or birds for:

2-46  (a) The management of livestock by the owner thereof, his employees

2-47  or agents or any other person in the lawful custody of the livestock; or

2-48  (b) Hunting as permitted by law.

 

3-1    Sec. 3.  NRS 574.100 is hereby amended to read as follows:

3-2    574.100  1.  A person shall not:

3-3    (a) Overdrive, overload, torture, cruelly beat or unjustifiably injure,

3-4  maim, mutilate or kill an animal, whether belonging to himself or to

3-5  another;

3-6    (b) Deprive an animal of necessary sustenance, food or drink, or neglect

3-7  or refuse to furnish it such sustenance or drink;

3-8    (c) Cause, procure or allow an animal to be overdriven, overloaded,

3-9  tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or

3-10  killed, or to be deprived of necessary food or drink;

3-11  (d) Instigate, engage in, or in any way further an act of cruelty to any

3-12  animal, or any act tending to produce such cruelty; or

3-13  (e) Abandon an animal in circumstances other than those prohibited in

3-14  NRS 574.110.

3-15  2.  A person who violates subsection 1 [:

3-16  (a) For the first offense within the immediately preceding 7 years is

3-17  guilty of  misdemeanor and shall be sentenced to:

3-18      (1) Imprisonment in the city or county jail or detention facility for not

3-19  less than 2 days, but not more than 6 months; and

3-20      (2) Perform not less than 48 hours, but not more than 120 hours, of

3-21  community service.

3-22  The person shall be further punished by a fine of not less than $200, but not

3-23  more than $1,000. A term of imprisonment imposed pursuant to this

3-24  paragraph may be served intermittently at the discretion of the judge or

3-25  justice of the peace, except that each period of confinement must be not

3-26  less than 4 consecutive hours and must occur either at a time when the

3-27  person is not required to be at his place of employment or on a weekend.

3-28  (b) For the second offense within the immediately preceding 7 years, is

3-29  guilty of a misdemeanor and shall be sentenced to:

3-30      (1) Imprisonment in the city or county jail or detention facility for not

3-31  less than 10 days, but not more than 6 months; and

3-32      (2) Perform not less than 100 hours, but not more than 200 hours, of

3-33  community service.

3-34  The person shall be further punished by a fine of not less than $500, but not

3-35  more than $1,000.

3-36  (c) For the third and any subsequent offense within the immediately

3-37  preceding 7 years,] is guilty of :

3-38  (a) If no physical injury results to the animal, a misdemeanor.

3-39  (b) If physical injury results to the animal, but substantial bodily harm

3-40  or death does not result to the animal, a gross misdemeanor.

3-41  (c) If substantial bodily harm or death results to the animal, a

3-42  category C felony and shall be punished as provided in NRS 193.130.

3-43  3.  In addition to any other fine or penalty provided in subsection 2, a

3-44  court shall order a person convicted of violating subsection 1 to pay

3-45  restitution for all costs associated with the care and impoundment of any

3-46  mistreated animal under subsection 1, including, without limitation, money

3-47  expended for veterinary treatment, feed and housing.

3-48  4.  The court may order the person convicted of violating subsection 1

3-49  to surrender ownership or possession of the mistreated animal.

4-1    5.  The provisions of this section do not apply with respect to an injury

4-2  to or the death of an animal that occurs accidentally in the normal course

4-3  of:

4-4    (a) Carrying out the activities of a rodeo or livestock show; or

4-5    (b) Operating a ranch.

4-6    Sec. 4.  NRS 574.105 is hereby amended to read as follows:

4-7    574.105  1.  A person shall not willfully and maliciously:

4-8    (a) Taunt, torment, tease, beat, strike or administer a desensitizing drug,

4-9  chemical or substance to a police animal;

4-10  (b) Interfere with a police animal or a handler thereof in the

4-11  performance of duties assigned to the police animal or handler; or

4-12  (c) Torture, mutilate, injure, poison, disable or kill a police animal.

4-13  2.  A person who violates:

4-14  (a) Paragraph (a) or (b) of subsection 1 is guilty of a [misdemeanor.]

4-15  category D felony and shall be punished as provided in NRS 193.130.

4-16  (b) Paragraph (c) of subsection 1 is guilty of:

4-17      (1) If the police animal is not totally disabled or killed, a [gross

4-18  misdemeanor.] category D felony and shall be punished as provided in

4-19  NRS 193.130, and may be further punished by a fine of not more than

4-20  $10,000.

4-21      (2) If the police animal is totally disabled or killed, a category C

4-22  felony and shall be punished as provided in NRS 193.130. In addition to

4-23  the punishment imposed pursuant to this subparagraph, the court may

4-24  require a person who is punished pursuant to this subparagraph to pay

4-25  restitution to the agency that owns the police animal, including, without

4-26  limitation, payment for veterinary services and the cost of replacing the

4-27  police animal.

4-28  3.  The provisions of this section do not prohibit a euthanasia

4-29  technician licensed pursuant to chapter 638 of NRS, a peace officer or a

4-30  veterinarian from euthanizing a police animal in an emergency if the police

4-31  animal is critically wounded and would otherwise endure undue suffering

4-32  and pain.

4-33  Sec. 5.  NRS 574.107 is hereby amended to read as follows:

4-34  574.107  1.  A person shall not:

4-35  (a) Willfully, unjustifiably and maliciously tamper or interfere with;

4-36  (b) Willfully and unjustifiably abuse or injure, or willfully and

4-37  unjustifiably set on foot, instigate, engage in or in any way further an act of

4-38  abusing or injuring; or

4-39  (c) Willfully and unjustifiably kill or willfully and unjustifiably set on

4-40  foot, instigate, engage in or in any way further an act of killing,

4-41  a dog owned by another person that is used in an exhibition, show, contest

4-42  or other event in which the skill, breeding or stamina of the dog is judged

4-43  or examined.

4-44  2.  A person who violates:

4-45  (a) Paragraph (a) of subsection 1 is guilty of a [misdemeanor.] category

4-46  D felony and shall be punished as provided in NRS 193.130.

4-47  (b) Paragraph (b) of subsection 1 is guilty of a [gross misdemeanor.]

4-48  category D felony and shall be punished as provided in NRS 193.130,

4-49  and may be further punished by a fine of not more than $10,000.

5-1    (c) Paragraph (c) of subsection 1 is guilty of a category [E] C felony and

5-2  shall be punished as provided in NRS 193.130.

5-3    Sec. 6.  NRS 574.110 is hereby amended to read as follows:

5-4    574.110 1.  A person being the owner or possessor, or having charge

5-5  or custody, of a maimed, diseased, disabled or infirm animal [, who

5-6  abandons such] shall not abandon the animal or [leaves] leave it to die in a

5-7  public street, road or public place, or [who allows] allow it to lie in a public

5-8  street, road or public place for more than 3 hours after he receives notice

5-9  that it is left disabled . [, is guilty of a misdemeanor.]

5-10  2.  A person who violates subsection 1 is guilty of:

5-11  (a) If death does not result to the animal, a gross misdemeanor.

5-12  (b) If death results to the animal, a category E felony and shall be

5-13  punished as provided in NRS 193.130.

5-14  3. Any agent or officer of any society for the prevention of cruelty to

5-15  animals, or of any society duly incorporated for that purpose, or any police

5-16  officer, may lawfully destroy or cause to be destroyed any animal found

5-17  abandoned and not properly cared for, appearing, in the judgment of two

5-18  reputable citizens called by him to view the [same] animal in his presence,

5-19  to be glandered, injured or diseased past recovery for any useful purpose,

5-20  or after [such] the agent or officer has obtained in writing from the owner

5-21  of [such] the animal his consent to such destruction.

5-22  [3.] 4.  When any person arrested is, at the time of [such] the arrest, in

5-23  charge of any animal or of any vehicle drawn by or containing any animal,

5-24  any agent or officer of such a society [or societies] or any police officer

5-25  may take charge of [such] the animal and of [such] the vehicle and its

5-26  contents and deposit the same in a safe place of custody, or deliver the

5-27  same into the possession of the police or sheriff of the county or place

5-28  wherein [such] the arrest was made, who shall thereupon assume the

5-29  custody thereof. All necessary expenses incurred in taking charge of such

5-30  property [shall be] are a charge thereon.

5-31  Sec. 7.  NRS 574.120 is hereby amended to read as follows:

5-32  574.120  1.  A person who [, having] has impounded or confined any

5-33  animal [, refuses or neglects] shall not refuse or neglect to supply to [such]

5-34  the animal during its confinement a sufficient supply of good and

5-35  wholesome air, food, shelter and water . [is guilty of a misdemeanor.]

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

5-37  (a) If no physical injury results to the animal, a misdemeanor.

5-38  (b) If physical injury results to the animal, but substantial bodily harm

5-39  or death does not result to the animal, a gross misdemeanor.

5-40  (c) If substantial bodily harm or death results to the animal, a

5-41  category D felony and shall be punished as provided in NRS 193.130.

5-42  3.  If any animal [shall be] is at any time impounded as provided in

5-43  subsection 1, and [shall continue] continues to be without necessary food

5-44  and water for more than 12 successive hours, [it shall be lawful for any

5-45  person from time to time, and] any person may, as often as it [shall be

5-46  necessary, to] is necessary, enter into and upon any pound in which [any

5-47  such animal shall be] the animal is so confined and [to] supply it with

5-48  necessary food and water, so long as it [shall remain] remains so confined.

5-49  Such a person [shall not be] is not liable to any action for such entry, and

6-1  the reasonable cost of such food and water may be collected by him from

6-2  the owner of [such] the animal, and the animal [shall not be] is not exempt

6-3  from levy and sale upon execution issued upon a judgment therefor.

6-4    Sec. 8.  NRS 574.130 is hereby amended to read as follows:

6-5    574.130  A person who willfully sells or offers to sell, uses, exposes, or

6-6  causes or permits to be sold, offered for sale, used or exposed, any horse or

6-7  other animal having the disease known as glanders or farcy, or other

6-8  contagious or infectious disease dangerous to the life or health of human

6-9  beings or animals, or which is diseased past recovery, or who refuses upon

6-10  demand to deprive of life an animal affected with any such disease, is

6-11  guilty of a [misdemeanor.] category D felony and shall be punished as

6-12  provided in NRS 193.130.

6-13  Sec. 9.  NRS 574.150 is hereby amended to read as follows:

6-14  574.150  1.  A person who unjustifiably administers any poisonous or

6-15  noxious drug or substance to a horse, mule or domestic cattle, or

6-16  unjustifiably exposes any such drug or substance with the intent that it be

6-17  taken by a horse, mule or [by] domestic cattle, whether the horse, mule or

6-18  domestic cattle are the property of himself or another, is guilty of a

6-19  category C felony and shall be punished as provided in NRS 193.130. In

6-20  addition to any other penalty, the court shall order the person to pay

6-21  restitution.

6-22  2.  A person who unjustifiably administers any poisonous or noxious

6-23  drug or substance to any animal other than a horse, mule or domestic cattle,

6-24  or unjustifiably exposes any such drug or substance with the intent that it

6-25  be taken by an animal other than a horse, mule or domestic cattle, whether

6-26  the animal is the property of himself or another, is guilty of a [gross

6-27  misdemeanor.] category D felony and shall be punished as provided in

6-28  NRS 193.130, and may be further punished by a fine of not more than

6-29  $10,000. In addition to any other penalty, the court shall order the person

6-30  to pay restitution.

6-31  3.  This section does not prohibit the destruction of noxious animals.

6-32  Sec. 10.  NRS 574.160 is hereby amended to read as follows:

6-33  574.160  A person who willfully throws, drops or places, or causes to

6-34  be thrown, dropped or placed, upon any road, highway, street or public

6-35  place, any glass, nails, pieces of metal, or other substance which might

6-36  wound, disable or injure any animal is guilty of a [misdemeanor.] category

6-37  D felony and shall be punished as provided in NRS 193.130.

6-38  Sec. 11.  NRS 574.170 is hereby amended to read as follows:

6-39  574.170  1.  A person [who keeps] shall not keep a cow or any animal

6-40  for the production of milk in a crowded or unhealthy place, or in a diseased

6-41  condition, or [feeds] feed such a cow or animal upon any food that

6-42  produces impure or unwholesome milk . [, is guilty of a misdemeanor.]

6-43  2.  A person who violates subsection 1 is guilty of:

6-44  (a) For a first offense, a gross misdemeanor.

6-45  (b) For a second offense, a category D felony and shall be punished as

6-46  provided in NRS 193.130.

6-47  Sec. 12.  NRS 574.180 is hereby amended to read as follows:

6-48  574.180  1.  A person driving any vehicle upon any plank road,

6-49  turnpike or public highway [, who unjustifiably runs] shall not

7-1  unjustifiably run the horses drawing the same, or [causes or permits]

7-2  cause or permit them to run . [, is guilty of a misdemeanor.]

7-3    2.  A person who violates subsection 1 is guilty of:

7-4    (a) For a first offense, a misdemeanor.

7-5    (b) For a second offense, a gross misdemeanor.

7-6    (c) For a third or subsequent offense, a category E felony and shall be

7-7  punished as provided in NRS 193.130.

7-8    Sec. 13.  NRS 574.190 is hereby amended to read as follows:

7-9    574.190  1.  A person [who carries or causes] shall not carry or cause

7-10  to be carried in or upon any vessel or vehicle or otherwise any animal in a

7-11  cruel or [inhuman] inhumane manner, or so as to produce torture . [, is

7-12  guilty of a misdemeanor.]

7-13  2.  A person who violates subsection 1 is guilty of:

7-14  (a) If no physical injury results to the animal, a misdemeanor.

7-15  (b) If physical injury results to the animal, but substantial bodily harm

7-16  or death does not result to the animal, a gross misdemeanor.

7-17  (c) If substantial bodily harm or death results to the animal, a

7-18  category D felony and shall be punished as provided in NRS 193.130.

7-19  Sec. 14.  Chapter 176A of NRS is hereby amended by adding thereto a

7-20  new section to read as follows:

7-21  1.  As a condition of probation, the court may order a defendant who

7-22  is convicted of a violation of chapter 574 of NRS that is punishable as a

7-23  felony or gross misdemeanor to:

7-24  (a) Submit to a psychiatric evaluation; and

7-25  (b) Participate in any counseling or therapy recommended in the

7-26  evaluation.

7-27  2.  The court shall order a defendant, to the extent of his financial

7-28  ability, to pay the cost for an evaluation and any counseling or therapy

7-29  pursuant to this section.

7-30  Sec. 15.  NRS 206.150 is hereby amended to read as follows:

7-31  206.150  1.  Except as otherwise provided in subsections 2 and 3, any

7-32  person who willfully and maliciously kills, maims or disfigures any animal

7-33  belonging to another, or exposes any poison or noxious substance with

7-34  intent that it should be taken by the animal is guilty of a [public offense

7-35  proportionate to the value of the loss resulting therefrom but in no event

7-36  less than a gross misdemeanor.] category D felony and shall be punished

7-37  as provided in NRS 193.130, and may be further punished by a fine of

7-38  not more than $10,000.

7-39  2.  Except as otherwise provided in NRS 205.220, a person who

7-40  willfully and maliciously kills an estray or one or more head of livestock,

7-41  without the authority to do so, is guilty of a category C felony and shall be

7-42  punished as provided in NRS 193.130.

7-43  3.  The provisions of subsection 1 do not apply to any person who kills

7-44  a dog pursuant to NRS 575.020.

7-45  4.  As used in this section:

7-46  (a) “Estray” means any livestock running at large upon public or private

7-47  lands in this state, whose owner is unknown in the section where the

7-48  animal is found.

7-49  (b) “Livestock” has the meaning ascribed to it in NRS 205.219.

8-1    Sec. 16.  NRS 426.790 is hereby amended to read as follows:

8-2    426.790  1.  A person shall not willfully and maliciously:

8-3    (a) Interfere with;

8-4    (b) [Beat, harass] Harass or intimidate; [or]

8-5    (c) Beat; or

8-6    (d) Kill,

8-7  a guide dog, hearing dog, helping dog or other service animal.

8-8    2.  Any person who violates:

8-9    (a) Paragraph (a) of subsection 1 is guilty of a misdemeanor.

8-10  (b) Paragraph (b) of subsection 1 is guilty of a gross misdemeanor.

8-11  (c) Paragraph (c) of subsection 1 is guilty of a category [E] D felony

8-12  and shall be punished as provided in NRS 193.130.

8-13  (d) Paragraph (d) of subsection 1 is guilty of a category C felony and

8-14  shall be punished as provided in NRS 193.130.

8-15  Sec. 17.  1.  Except as otherwise provided in subsection 2, the

8-16  amendatory provisions of this act do not apply to offenses committed

8-17  before the effective date of this act.

8-18  2.  The amendatory provisions of this act apply to offenses committed

8-19  before the effective date of this act for the purpose of determining whether

8-20  a person is subject to the provisions of paragraph (b) or (c) of subsection 2

8-21  of NRS 574.060, paragraph (b) or (c) of subsection 3 of NRS 574.070,

8-22  paragraph (b) or (c) of subsection 4 of NRS 574.070, paragraph (b) or (c)

8-23  of subsection 5 of NRS 574.070, paragraph (b) of subsection 2 of NRS

8-24  574.170, or paragraph (b) or (c) of subsection 2 of 574.180, as amended by

8-25  this act.

8-26  Sec. 18.  This act becomes effective upon passage and approval.

 

8-27  H