(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.  A person who violates any provision of subsection 2 is guilty of:

2-29    (a) For a first offense, a misdemeanor.

2-30    (b) For a second offense, a gross misdemeanor.

2-31    (c) For a third or subsequent offense, a category E felony and shall be

2-32  punished as provided in NRS 193.130.

2-33    5.  If a violation of subsection 1 involves a dog, a person who

2-34  commits such a violation is guilty of:

2-35    (a) For a first offense, a category D felony and shall be punished as

2-36  provided in NRS 193.130.

2-37    (b) For a second offense, a category C felony and shall be punished as

2-38  provided in NRS 193.130.

2-39    (c) For a third or subsequent offense, a category B felony and shall be

2-40  punished by imprisonment in the state prison for a minimum term of not

2-41  less than 1 year and a maximum term of not more than 6 years.

2-42    6.  If a person who violates this section is not a natural person, he

2-43  shall be punished by a fine of not more than $10,000.

2-44    7.  This section does not prohibit the use of dogs or birds for:

2-45    (a) The management of livestock by the owner thereof, his employees

2-46  or agents or any other person in the lawful custody of the livestock; or

2-47    (b) Hunting as permitted by law.

 

 

3-1    Sec. 3.  NRS 574.105 is hereby amended to read as follows:

3-2    574.105  1.  A person shall not willfully and maliciously:

3-3    (a) Taunt, torment, tease, beat, strike or administer a desensitizing drug,

3-4  chemical or substance to a police animal;

3-5    (b) Interfere with a police animal or a handler thereof in the

3-6  performance of duties assigned to the police animal or handler; or

3-7    (c) Torture, mutilate, injure, poison, disable or kill a police animal.

3-8    2.  A person who violates:

3-9    (a) Paragraph (a) or (b) of subsection 1 is guilty of a [misdemeanor.]

3-10  category D felony and shall be punished as provided in NRS 193.130.

3-11    (b) Paragraph (c) of subsection 1 is guilty of:

3-12      (1) If the police animal is not totally disabled or killed, a [gross

3-13  misdemeanor.] category D felony and shall be punished as provided in

3-14  NRS 193.130, and may be further punished by a fine of not more than

3-15  $10,000.

3-16      (2) If the police animal is totally disabled or killed, a category C

3-17  felony and shall be punished as provided in NRS 193.130. In addition to

3-18  the punishment imposed pursuant to this subparagraph, the court may

3-19  require a person who is punished pursuant to this subparagraph to pay

3-20  restitution to the agency that owns the police animal, including, without

3-21  limitation, payment for veterinary services and the cost of replacing the

3-22  police animal.

3-23    3.  The provisions of this section do not prohibit a euthanasia

3-24  technician licensed pursuant to chapter 638 of NRS, a peace officer or a

3-25  veterinarian from euthanizing a police animal in an emergency if the police

3-26  animal is critically wounded and would otherwise endure undue suffering

3-27  and pain.

3-28    Sec. 4.  NRS 574.107 is hereby amended to read as follows:

3-29    574.107  1.  A person shall not:

3-30    (a) Willfully, unjustifiably and maliciously tamper or interfere with;

3-31    (b) Willfully and unjustifiably abuse or injure, or willfully and

3-32  unjustifiably set on foot, instigate, engage in or in any way further an act of

3-33  abusing or injuring; or

3-34    (c) Willfully and unjustifiably kill or willfully and unjustifiably set on

3-35  foot, instigate, engage in or in any way further an act of killing,

3-36  a dog owned by another person that is used in an exhibition, show, contest

3-37  or other event in which the skill, breeding or stamina of the dog is judged

3-38  or examined.

3-39    2.  A person who violates:

3-40    (a) Paragraph (a) of subsection 1 is guilty of a [misdemeanor.] category

3-41  D felony and shall be punished as provided in NRS 193.130.

3-42    (b) Paragraph (b) of subsection 1 is guilty of a [gross misdemeanor.]

3-43  category D felony and shall be punished as provided in NRS 193.130,

3-44  and may be further punished by a fine of not more than $10,000.

3-45    (c) Paragraph (c) of subsection 1 is guilty of a category [E] C felony and

3-46  shall be punished as provided in NRS 193.130.

3-47    Sec. 5.  NRS 574.120 is hereby amended to read as follows:

3-48    574.120  1.  A person who [, having] has impounded or confined any

3-49  animal [, refuses or neglects] shall not refuse or neglect to supply to [such]

4-1  the animal during its confinement a sufficient supply of good and

4-2  wholesome air, food, shelter and water . [is guilty of a misdemeanor.]

4-3  A person who violates subsection 1:

4-4    (a) For the first offense within the immediately preceding 7 years, is

4-5  guilty of a misdemeanor and shall be sentenced to:

4-6       (1) Imprisonment in the city or county jail or detention facility for

4-7  not less than 2 days, but not more than 6 months; and

4-8       (2) Perform not less than 48 hours, but not more than 120 hours, of

4-9  community service.

4-10  The person shall be further punished by a fine of not less than $200, but

4-11  not more than $1,000. A term of imprisonment imposed pursuant to this

4-12  paragraph may be served intermittently at the discretion of the judge or

4-13  justice of the peace, except that each period of confinement must be not

4-14  less than 4 consecutive hours and must occur at a time when the person

4-15  is not required to be at his place of employment or on a weekend.

4-16    (b) For the second offense within the immediately preceding 7 years,

4-17  is guilty of a misdemeanor and shall be sentenced to:

4-18      (1) Imprisonment in the city or county jail or detention facility for

4-19  not less than 10 days, but not more than 6 months; and

4-20      (2) Perform not less than 100 hours, but not more than 200 hours,

4-21  of community service.

4-22  The person shall be further punished by a fine of not less than $500, but

4-23  not more than $1,000.

4-24    (c) For the third and any subsequent offense within the immediately

4-25  preceding 7 years, is guilty of a category C felony and shall be punished

4-26  as provided in NRS 193.130.

4-27    3.  In addition to any other fine or penalty provided in subsection 2, a

4-28  court shall order a person convicted of violating subsection 1 to pay

4-29  restitution for all costs associated with the care and impoundment of any

4-30  mistreated animal under subsection 1, including, without limitation,

4-31  money expended for veterinary treatment, feed and housing.

4-32    4.  If any animal [shall be] is at any time impounded as provided in

4-33  subsection 1, and [shall continue] continues to be without necessary food

4-34  and water for more than 12 successive hours, [it shall be lawful for any

4-35  person from time to time, and] any person may, as often as it [shall be

4-36  necessary, to] is necessary, enter into and upon any pound in which [any

4-37  such animal shall be] the animal is so confined and [to] supply it with

4-38  necessary food and water, so long as it [shall remain] remains so confined.

4-39  Such a person [shall not be] is not liable to any action for such entry, and

4-40  the reasonable cost of such food and water may be collected by him from

4-41  the owner of [such] the animal, and the animal [shall not be] is not exempt

4-42  from levy and sale upon execution issued upon a judgment therefor.

4-43    Sec. 6.  NRS 574.150 is hereby amended to read as follows:

4-44    574.150  1.  A person who unjustifiably administers any poisonous or

4-45  noxious drug or substance to a horse, mule or domestic cattle, or

4-46  unjustifiably exposes any such drug or substance with the intent that it be

4-47  taken by a horse, mule or [by] domestic cattle, whether the horse, mule or

4-48  domestic cattle are the property of himself or another, is guilty of a

4-49  category C felony and shall be punished as provided in NRS 193.130. In

5-1  addition to any other penalty, the court shall order the person to pay

5-2  restitution.

5-3    2.  A person who unjustifiably administers any poisonous or noxious

5-4  drug or substance to any animal other than a horse, mule or domestic cattle,

5-5  or unjustifiably exposes any such drug or substance with the intent that it

5-6  be taken by an animal other than a horse, mule or domestic cattle, whether

5-7  the animal is the property of himself or another, is guilty of a gross

5-8  misdemeanor. In addition to any other penalty, the court shall order the

5-9  person to pay restitution.

5-10    3.  This section does not prohibit the destruction of noxious animals.

5-11    Sec. 7.  Chapter 176A of NRS is hereby amended by adding thereto a

5-12  new section to read as follows:

5-13    1.  As a condition of probation, the court may order a defendant who

5-14  is convicted of a violation of chapter 574 of NRS that is punishable as a

5-15  felony or gross misdemeanor to:

5-16    (a) Submit to a psychiatric evaluation; and

5-17    (b) Participate in any counseling or therapy recommended in the

5-18  evaluation.

5-19    2.  The court shall order a defendant, to the extent of his financial

5-20  ability, to pay the cost for an evaluation and any counseling or therapy

5-21  pursuant to this section.

5-22    Sec. 8.  NRS 206.150 is hereby amended to read as follows:

5-23    206.150  1.  Except as otherwise provided in subsections 2 and 3, any

5-24  person who willfully and maliciously kills, maims or disfigures any animal

5-25  belonging to another, or exposes any poison or noxious substance with

5-26  intent that it should be taken by the animal is guilty of a [public offense

5-27  proportionate to the value of the loss resulting therefrom but in no event

5-28  less than a gross misdemeanor.] category D felony and shall be punished

5-29  as provided in NRS 193.130, and may be further punished by a fine of

5-30  not more than $10,000.

5-31    2.  Except as otherwise provided in NRS 205.220, a person who

5-32  willfully and maliciously kills an estray or one or more head of livestock,

5-33  without the authority to do so, is guilty of a category C felony and shall be

5-34  punished as provided in NRS 193.130.

5-35    3.  The provisions of subsection 1 do not apply to any person who kills

5-36  a dog pursuant to NRS 575.020.

5-37    4.  As used in this section:

5-38    (a) “Estray” means any livestock running at large upon public or private

5-39  lands in this state, whose owner is unknown in the section where the

5-40  animal is found.

5-41    (b) “Livestock” has the meaning ascribed to it in NRS 205.219.

5-42    Sec. 9.  NRS 426.790 is hereby amended to read as follows:

5-43    426.790  1.  A person shall not willfully and maliciously:

5-44    (a) Interfere with;

5-45    (b) [Beat, harass] Harass or intimidate; [or]

5-46    (c) Beat; or

5-47    (d) Kill,

5-48  a guide dog, hearing dog, helping dog or other service animal.

5-49    2.  Any person who violates:

6-1    (a) Paragraph (a) of subsection 1 is guilty of a misdemeanor.

6-2    (b) Paragraph (b) of subsection 1 is guilty of a gross misdemeanor.

6-3    (c) Paragraph (c) of subsection 1 is guilty of a category [E] D felony

6-4  and shall be punished as provided in NRS 193.130.

6-5    (d) Paragraph (d) of subsection 1 is guilty of a category C felony and

6-6  shall be punished as provided in NRS 193.130.

6-7    Sec. 10.  1.  Except as otherwise provided in subsection 2, the

6-8  amendatory provisions of this act do not apply to offenses committed

6-9  before the effective date of this act.

6-10    2.  The amendatory provisions of this act apply to offenses committed

6-11  before the effective date of this act for the purpose of determining whether

6-12  a person is subject to the provisions of paragraph (b) or (c) of subsection 2

6-13  of NRS 574.060, paragraph (b) or (c) of subsection 3 of NRS 574.070,

6-14  paragraph (b) or (c) of subsection 4 of NRS 574.070 or paragraph (b) or (c)

6-15  of subsection 5 of NRS 574.070, as amended by this act.

6-16    Sec. 11.  This act becomes effective upon passage and approval.

 

6-17  H