(REPRINTED WITH ADOPTED AMENDMENTS)
SECOND REPRINT S.B. 62
Senate Bill No. 62–Senator O’Connell (by request)
Prefiled January 31, 2001
____________
Referred to Committee on Natural Resources
SUMMARY—Revises provisions regarding 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; prohibiting state and local governmental entities from prohibiting or imposing certain restrictions concerning certain events in which animals are used; 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. Chapter 574 of NRS is hereby amended by adding thereto a
1-2 new section to read as follows:
1-3 1. Except as otherwise provided by a specific statute, an agency,
1-4 board, commission or political subdivision of this state, including an
1-5 agency, board, commission or governing body of a local government,
1-6 shall not prohibit or impose restrictions that are more stringent than
1-7 those set forth in this chapter concerning any of the following events in
1-8 which an animal is used:
1-9 (a) A rodeo; or
1-10 (b) A livestock show or exhibition that promotes the proper care,
1-11 husbandry or performance of an animal.
1-12 2. As used in this section, “animal” has the meaning ascribed to it in
1-13 NRS 574.050.
1-14 Sec. 1.5 NRS 574.060 is hereby amended to read as follows:
1-15 574.060 1. A person [who keeps or uses, or is] shall not keep or use,
1-16 or in any manner be connected with, or be interested in the management of,
1-17 or [receives] receive money for the admission of any person to, a house,
1-18 apartment, pit or place kept or used for baiting or fighting any bird or
1-19 animal, [and any] or be an owner or occupant of a house, apartment, pit or
1-20 place who willfully procures or permits the same to be used or occupied for
2-1 such baiting or fighting . [, is guilty of a misdemeanor, but if a dog is used
2-2 in such baiting or fighting the person is guilty of a gross misdemeanor.]
2-3 2. A person who violates any provision of subsection 1 is guilty of:
2-4 (a) For a first offense, a gross misdemeanor.
2-5 (b) For a second offense, a category E felony and shall be punished as
2-6 provided in NRS 193.130.
2-7 (c) For a third or subsequent offense, a category D felony and shall be
2-8 punished as provided in NRS 193.130.
2-9 3. Upon complaint under oath or affirmation to any magistrate
2-10 authorized to issue warrants in criminal cases that the complainant has just
2-11 and reasonable cause to suspect that any [of the provisions] provision of
2-12 law relating to or in any [wise] way affecting animals [are] is being or is
2-13 about to be violated in any particular building or place, [such] the
2-14 magistrate shall immediately issue and deliver a warrant to any person
2-15 authorized by law to make arrests for such offenses, authorizing him to
2-16 enter and search [such] the building or place, [and] to arrest any person
2-17 there present found violating any [of such laws,] such law and to bring
2-18 [such] the person before the nearest magistrate of competent jurisdiction to
2-19 be dealt with according to law.
2-20 Sec. 2. NRS 574.070 is hereby amended to read as follows:
2-21 574.070 1. Except as otherwise provided in this section, a person
2-22 [who sets on foot, instigates, promotes or carries on, or does] shall not set
2-23 on foot, instigate, promote, carry on or do any act as an assistant, umpire
2-24 or principal, or in any way [aids] aid in or [engages] engage in the
2-25 furtherance of any fight between cocks or other birds, or bulls, bears or
2-26 other animals in an exhibition or for amusement or gain, premeditated by a
2-27 person owning or having custody of such birds or animals . [, is guilty of a
2-28 gross misdemeanor, but if any dog is used in such a fight the person is
2-29 guilty of a category D felony and shall be punished as provided in NRS
2-30 193.130. If a person who violates this section is not a natural person, he
2-31 shall be punished by a fine of not more than $10,000.]
2-32 2. A person [who is a witness of] shall not witness any fight between
2-33 cocks or other birds, or bulls, bears or other animals in an exhibition or for
2-34 amusement or gain, which is premeditated by a person having custody of
2-35 such birds or animals . [, is guilty of a misdemeanor.]
2-36 3. Except as otherwise provided in subsection 5, a person who
2-37 violates any provision of subsection 1 is guilty of:
2-38 (a) For a first offense, a gross misdemeanor.
2-39 (b) For a second offense, a category E felony and shall be punished as
2-40 provided in NRS 193.130.
2-41 (c) For a third or subsequent offense, a category D felony and shall be
2-42 punished as provided in NRS 193.130.
2-43 4. A person who violates any provision of subsection 2 is guilty of:
2-44 (a) For a first offense, a misdemeanor.
2-45 (b) For a second offense, a gross misdemeanor.
2-46 (c) For a third or subsequent offense, a category E felony and shall be
2-47 punished as provided in NRS 193.130.
2-48 5. If a violation of subsection 1 involves a dog, a person who
2-49 commits such a violation is guilty of:
3-1 (a) For a first offense, a category D felony and shall be punished as
3-2 provided in NRS 193.130.
3-3 (b) For a second offense, a category C felony and shall be punished as
3-4 provided in NRS 193.130.
3-5 (c) For a third or subsequent offense, a category B felony and shall be
3-6 punished by imprisonment in the state prison for a minimum term of not
3-7 less than 1 year and a maximum term of not more than 6 years.
3-8 6. If a person who violates this section is not a natural person, he
3-9 shall be punished by a fine of not more than $10,000.
3-10 7. This section does not prohibit the use of dogs or birds for:
3-11 (a) The management of livestock by the owner thereof, his employees
3-12 or agents or any other person in the lawful custody of the livestock; or
3-13 (b) Hunting as permitted by law.
3-14 Sec. 3. NRS 574.105 is hereby amended to read as follows:
3-15 574.105 1. A person shall not willfully and maliciously:
3-16 (a) Taunt, torment, tease, beat, strike or administer a desensitizing drug,
3-17 chemical or substance to a police animal;
3-18 (b) Interfere with a police animal or a handler thereof in the
3-19 performance of duties assigned to the police animal or handler; or
3-20 (c) Torture, mutilate, injure, poison, disable or kill a police animal.
3-21 2. A person who violates:
3-22 (a) Paragraph (a) or (b) of subsection 1 is guilty of a [misdemeanor.]
3-23 category D felony and shall be punished as provided in NRS 193.130.
3-24 (b) Paragraph (c) of subsection 1 is guilty of:
3-25 (1) If the police animal is not totally disabled or killed, a [gross
3-26 misdemeanor.] category D felony and shall be punished as provided in
3-27 NRS 193.130, and may be further punished by a fine of not more than
3-28 $10,000.
3-29 (2) If the police animal is totally disabled or killed, a category C
3-30 felony and shall be punished as provided in NRS 193.130. In addition to
3-31 the punishment imposed pursuant to this subparagraph, the court may
3-32 require a person who is punished pursuant to this subparagraph to pay
3-33 restitution to the agency that owns the police animal, including, without
3-34 limitation, payment for veterinary services and the cost of replacing the
3-35 police animal.
3-36 3. The provisions of this section do not prohibit a euthanasia
3-37 technician licensed pursuant to chapter 638 of NRS, a peace officer or a
3-38 veterinarian from euthanizing a police animal in an emergency if the police
3-39 animal is critically wounded and would otherwise endure undue suffering
3-40 and pain.
3-41 Sec. 4. NRS 574.107 is hereby amended to read as follows:
3-42 574.107 1. A person shall not:
3-43 (a) Willfully, unjustifiably and maliciously tamper or interfere with;
3-44 (b) Willfully and unjustifiably abuse or injure, or willfully and
3-45 unjustifiably set on foot, instigate, engage in or in any way further an act of
3-46 abusing or injuring; or
3-47 (c) Willfully and unjustifiably kill or willfully and unjustifiably set on
3-48 foot, instigate, engage in or in any way further an act of killing,
4-1 a dog owned by another person that is used in an exhibition, show, contest
4-2 or other event in which the skill, breeding or stamina of the dog is judged
4-3 or examined.
4-4 2. A person who violates:
4-5 (a) Paragraph (a) of subsection 1 is guilty of a [misdemeanor.] category
4-6 D felony and shall be punished as provided in NRS 193.130.
4-7 (b) Paragraph (b) of subsection 1 is guilty of a [gross misdemeanor.]
4-8 category D felony and shall be punished as provided in NRS 193.130,
4-9 and may be further punished by a fine of not more than $10,000.
4-10 (c) Paragraph (c) of subsection 1 is guilty of a category [E] C felony and
4-11 shall be punished as provided in NRS 193.130.
4-12 Sec. 5. NRS 574.120 is hereby amended to read as follows:
4-13 574.120 1. A person who [, having] has impounded or confined any
4-14 animal [, refuses or neglects] shall not refuse or neglect to supply to [such]
4-15 the animal during its confinement a sufficient supply of good and
4-16 wholesome air, food, shelter and water . [is guilty of a misdemeanor.]
4-17 A person who violates subsection 1:
4-18 (a) For the first offense within the immediately preceding 7 years, is
4-19 guilty of a misdemeanor and shall be sentenced to:
4-20 (1) Imprisonment in the city or county jail or detention facility for
4-21 not less than 2 days, but not more than 6 months; and
4-22 (2) Perform not less than 48 hours, but not more than 120 hours, of
4-23 community service.
4-24 The person shall be further punished by a fine of not less than $200, but
4-25 not more than $1,000. A term of imprisonment imposed pursuant to this
4-26 paragraph may be served intermittently at the discretion of the judge or
4-27 justice of the peace, except that each period of confinement must be not
4-28 less than 4 consecutive hours and must occur at a time when the person
4-29 is not required to be at his place of employment or on a weekend.
4-30 (b) For the second offense within the immediately preceding 7 years,
4-31 is guilty of a misdemeanor and shall be sentenced to:
4-32 (1) Imprisonment in the city or county jail or detention facility for
4-33 not less than 10 days, but not more than 6 months; and
4-34 (2) Perform not less than 100 hours, but not more than 200 hours,
4-35 of community service.
4-36 The person shall be further punished by a fine of not less than $500, but
4-37 not more than $1,000.
4-38 (c) For the third and any subsequent offense within the immediately
4-39 preceding 7 years, is guilty of a category C felony and shall be punished
4-40 as provided in NRS 193.130.
4-41 3. In addition to any other fine or penalty provided in subsection 2, a
4-42 court shall order a person convicted of violating subsection 1 to pay
4-43 restitution for all costs associated with the care and impoundment of any
4-44 mistreated animal under subsection 1, including, without limitation,
4-45 money expended for veterinary treatment, feed and housing.
4-46 4. If any animal [shall be] is at any time impounded as provided in
4-47 subsection 1, and [shall continue] continues to be without necessary food
4-48 and water for more than 12 successive hours, [it shall be lawful for any
4-49 person from time to time, and] any person may, as often as it [shall be
5-1 necessary, to] is necessary, enter into and upon any pound in which [any
5-2 such animal shall be] the animal is so confined and [to] supply it with
5-3 necessary food and water, so long as it [shall remain] remains so confined.
5-4 Such a person [shall not be] is not liable to any action for such entry, and
5-5 the reasonable cost of such food and water may be collected by him from
5-6 the owner of [such] the animal, and the animal [shall not be] is not exempt
5-7 from levy and sale upon execution issued upon a judgment therefor.
5-8 Sec. 6. NRS 574.150 is hereby amended to read as follows:
5-9 574.150 1. A person who unjustifiably administers any poisonous or
5-10 noxious drug or substance to a horse, mule or domestic cattle, or
5-11 unjustifiably exposes any such drug or substance with the intent that it be
5-12 taken by a horse, mule or [by] domestic cattle, whether the horse, mule or
5-13 domestic cattle are the property of himself or another, is guilty of a
5-14 category C felony and shall be punished as provided in NRS 193.130. In
5-15 addition to any other penalty, the court shall order the person to pay
5-16 restitution.
5-17 2. A person who unjustifiably administers any poisonous or noxious
5-18 drug or substance to any animal other than a horse, mule or domestic cattle,
5-19 or unjustifiably exposes any such drug or substance with the intent that it
5-20 be taken by an animal other than a horse, mule or domestic cattle, whether
5-21 the animal is the property of himself or another, is guilty of a gross
5-22 misdemeanor. In addition to any other penalty, the court shall order the
5-23 person to pay restitution.
5-24 3. This section does not prohibit the destruction of noxious animals.
5-25 Sec. 7. Chapter 176A of NRS is hereby amended by adding thereto a
5-26 new section to read as follows:
5-27 1. As a condition of probation, the court may order a defendant who
5-28 is convicted of a violation of chapter 574 of NRS that is punishable as a
5-29 felony or gross misdemeanor to:
5-30 (a) Submit to a psychiatric evaluation; and
5-31 (b) Participate in any counseling or therapy recommended in the
5-32 evaluation.
5-33 2. The court shall order a defendant, to the extent of his financial
5-34 ability, to pay the cost for an evaluation and any counseling or therapy
5-35 pursuant to this section.
5-36 Sec. 8. NRS 206.150 is hereby amended to read as follows:
5-37 206.150 1. Except as otherwise provided in subsections 2 and 3, any
5-38 person who willfully and maliciously kills, maims or disfigures any animal
5-39 belonging to another, or exposes any poison or noxious substance with
5-40 intent that it should be taken by the animal is guilty of a [public offense
5-41 proportionate to the value of the loss resulting therefrom but in no event
5-42 less than a gross misdemeanor.] category D felony and shall be punished
5-43 as provided in NRS 193.130, and may be further punished by a fine of
5-44 not more than $10,000.
5-45 2. Except as otherwise provided in NRS 205.220, a person who
5-46 willfully and maliciously kills an estray or one or more head of livestock,
5-47 without the authority to do so, is guilty of a category C felony and shall be
5-48 punished as provided in NRS 193.130.
6-1 3. The provisions of subsection 1 do not apply to any person who kills
6-2 a dog pursuant to NRS 575.020.
6-3 4. As used in this section:
6-4 (a) “Estray” means any livestock running at large upon public or private
6-5 lands in this state, whose owner is unknown in the section where the
6-6 animal is found.
6-7 (b) “Livestock” has the meaning ascribed to it in NRS 205.219.
6-8 Sec. 9. NRS 426.790 is hereby amended to read as follows:
6-9 426.790 1. A person shall not willfully and maliciously:
6-10 (a) Interfere with;
6-11 (b) [Beat, harass] Harass or intimidate; [or]
6-12 (c) Beat; or
6-13 (d) Kill,
6-14 a guide dog, hearing dog, helping dog or other service animal.
6-15 2. Any person who violates:
6-16 (a) Paragraph (a) of subsection 1 is guilty of a misdemeanor.
6-17 (b) Paragraph (b) of subsection 1 is guilty of a gross misdemeanor.
6-18 (c) Paragraph (c) of subsection 1 is guilty of a category [E] D felony
6-19 and shall be punished as provided in NRS 193.130.
6-20 (d) Paragraph (d) of subsection 1 is guilty of a category C felony and
6-21 shall be punished as provided in NRS 193.130.
6-22 Sec. 10. 1. Except as otherwise provided in subsection 2, the
6-23 amendatory provisions of this act do not apply to offenses committed
6-24 before the effective date of this act.
6-25 2. The amendatory provisions of this act apply to offenses committed
6-26 before the effective date of this act for the purpose of determining whether
6-27 a person is subject to the provisions of paragraph (b) or (c) of subsection 2
6-28 of NRS 574.060, paragraph (b) or (c) of subsection 3 of NRS 574.070,
6-29 paragraph (b) or (c) of subsection 4 of NRS 574.070 or paragraph (b) or (c)
6-30 of subsection 5 of NRS 574.070, as amended by this act.
6-31 Sec. 11. This act becomes effective upon passage and approval.
6-32 H