SB 604 — Animal cruelty; companion animals, penalty.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2022 SESSION CHAPTER E92 An Act to amend and reenact § 3.2-6500 of the Code of Virginia, relating to animal cruelty;

R O [S 604] Approved LApril L5, 2022 Be it enacted by the General Assembly of Virginia:

E § 3.2-6500.

DAs "Abandon"used meansin tothis desert,chapter forsake,unless or absolutely give up an animal without having secured another owner or custodian for the animalcontext orrequires by failing to provide the elements of basic care as set forth in § 3.2-6503 for a perioddifferent ofmeaning: four consecutive days.

"Adequate"Abandon" care"means orto "care"desert, meansforsake, theor responsibleabsolutely practicegive ofup goodan animal husbandry,without handling,having production,secured management,another confinement,owner feeding,or watering,custodian protection, shelter, transportation, treatment, and, when necessary, euthanasia, appropriate for the age,animal species,or condition,by sizefailing andto typeprovide of the animalelements and the provision of veterinarybasic care whenas neededset toforth preventin suffering§ or3.2-6503 impairmentfor a period of health.four consecutive days.

Bproduction, "Adequatemanagement, exercise"confinement, orfeeding, "exercise"watering, meansprotection, theshelter, opportunitytransportation, fortreatment, theand, animalwhen tonecessary, moveeuthanasia, sufficientlyappropriate 0ofor mai"Adequatethe feed"age, meansspecies, accesscondition, tosize and thetype provision of foodthe thatanimal isand the provision of sufficientveterinary quantitycare andEnutritivewhen valueneeded to maintainprevent eachsuffering animalor inimpairment goodof health;health.

"Adequate exercise" or "exercise" means the opportunity for the animal to move sufficiently to maintain normal muscle tone and mass for the age, species, size, and condition of the animal.

"Adequate feed" means access to and the provision of food that is of sufficient quantity and nutritive value to maintain each animal in good health;

"Adequate shelter" means provision of and access to shelter that is suitable for the species, age, eachcondition, animalsize, from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical suffering, and impairmenttype of health;each animal;

provides adequate space for each animal;

is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical suffering, and impairment of health;

Under this chapter, shelters whose wire, grid, or slat floors (i) permit the animals' feet to pass through the openings, (ii) sag under the animals' weight, or (iii) otherwise do not protect the animals' feet or toes from injury are notsagnot adequate shelter.

or (c)(1) during a heat advisory issued by a local or state authority, (2) when the actual or effective outdoor temperature is 85 degrees Fahrenheit or higher or 32 degrees Fahrenheit or lower, or (3) during the effective period for a severe weather warning issued for the area by the National Weather Service, including a winter storm, tornado, or severe thunderstorm warning, unless an animal control officer, having inspected an animal's individual circumstances in clause (c)(1), (2), or (3), has determined the animal to be safe from predators and well suited and well equipped to tolerate its environment.

is attached to the animal by a properly applied collar, halter, or harness that is configured so as to protect the animal from injury and prevent the animal or tether from becoming entangled with other objects or animals, or from extending over an object or edge that could result in the strangulation or injury of the animal;

is at least 15 feet in length or four times the length of the animal, as measured from the tip of its nose to the base of its tail, whichever is greater, except when the of 4 animal is being walked on a leash or is attached by a tether to a lead line or when an animal control officer, having inspected an animal's individual circumstances, has determined that in such an individual of 4 case, a tether of at least 10 feet or three times the length of the animal, but shorter than 15 feet or four times the length of the animal, makes the animal more safe, more suited, and better equipped to tolerate its environment than a longer tether;

of 4 "Euthanasia" means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or by a method that involves anesthesia, prodEcedproduced by an agent that causes painless loss of consciousness, and death during such loss of consciousness.

Rof 4 "Facility" means a building or portion thereof as designated by the State Veterinarian, other than a enclosuresprivate inresidential whichdwelling animalsand areits housedsurrounding or kept.g grounds, that is used to contain a primary encOosureenclosure or "Farmingenclosures activity"in means,which consistent with standard animal husbandry practices, the raising, L management, and use of agricultural animals toare providehoused food, fiber, or transportationkept. and the breeding, exhibition, lawful recreational use, marketing, transportation, and slaughter of agricultural animals pursuant to such purposes.

E"Farming "Fosteractivity" caremeans, provider"consistent meanswith astandard personanimal whohusbandry providespractices, carethe orraising, rehabilitationmanagement, forand companionuse animalsof throughagricultural ananimals affiliationto withprovide afood, publicfiber, or privatetransportation animaland shelter,the home-basedbreeding, rescue,exhibition, releasinglawful agency,recreational oruse, othermarketing, animaltransportation, welfareand organization.slaughter of agricultural animals pursuant to such purposes.

"Foster home"care provider" means a privateperson residentialwho dwellingprovides andcare itsor surroundingrehabilitation grounds,for orcompanion anyanimals facilitythrough otheran affiliation with a public or private animal shelter, home-based rescue, releasing agency, or other animal welfare organizationorganization. care orivate rehabilitation is provided for companion animals.

"Foster home" means a private residential dwelling and its surrounding grounds, or any facility other than a public or private animal shelter, at which site through an affiliation with a public or private animal shelter, home-based rescue, releasing agency, or other animal welfare organization care or rehabilitation is provided for companion animals.

S "Home-based rescue" means an animal welfare organization that takes custody of companion ani6alsanimals for the purpose of facilitating adoption and houses such companion animals in a foster home or 4a system of foster homes.

R "Humane" means any action taken in consideration of and with the intent to provide for the animal's health and well-being.

"Humane investigator" means a person who has been appointed by a circuit court as a humane inv"Humaneinvestigator society"as meansprovided anyin incorporated,§ nonprofit3.2-6558. organization that is organized for the purposes of preventing cruelty to animals and promoting humane care and treatment or adoptions of animals.

"Humane society" means any incorporated, nonprofit organization that is organized for the purposes of preventing cruelty to animals and promoting humane care and treatment or adoptions of animals.

"Law-enforcement officer" means any person who is a full-time or part-time employee of a police department or sheriff's office that is part of or administered by the Commonwealth or any political subdivision thereof and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth.

"New owner" means an individual who is legally competent to enter into a binding agreement agency.tpursuant to subdivision B 2 of § 3.2-6574, and who adopts or receives a dog or cat from a releasing "Ordinance"agency. means any law, rule, regulation, or ordinance adopted by the governing body of any locality.

"Ordinance" means any law, rule, regulation, or ordinance adopted by the governing body of any locality.

"Primary enclosure" means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, cage, compartment, or hutch.

of 4 "Private animal shelter" means a facility operated for the purpose of finding permanent adoptive homes for animals that is used to house or contain animals and that is owned or operated by an incorporated, nonprofit, and nongovernmental entity, including a humane society, animal welfare organization, society for the prevention of cruelty to animals, or any other similar organization.

and the primary enclosure is cleaned so as to prevent the animals confined therein of 4 from being directly or indirectly sprayed with the stream of water, or directly or indirectly exposed to hazardous chemicals or disinfectants.