HB 2436 — Modifies provisions relating to offenses involving animals.

SECOND REGULAR SESSION [PERFECTED] HOUSE BILL NO.

4194H.02I4194H.02P JOSEPH ENGLER, Chief Clerk AN ACT To repeal sectionsections 273.100, 578.009, 578.012, 578.018, and 578.022, RSMo, and to enact in lieu thereof onefive new sectionsections relating to theoffenses impoundmentinvolving of animals, with penalty provisions.

SectionSections 273.100, 578.009, 578.012, 578.018, and 578.022, RSMo, isare repealed and onefive new sectionsections enacted in lieu thereof, to be known as sectionsections 578.006, 578.009, 578.012, 578.018, and 578.022, to read as follows:

578.006.

1.

A person commits the offense of making a malicious false report of animal abuse if:

(1) The person purposely makes a report to a law enforcement agency or an applicable government agency alleging the abuse of any animal in a manner punishable under section 578.012;

(2) The person knows that such a report is false;

(3) The person makes the report with the purpose of disrupting, harassing, causing a monetary loss to, or disturbing the peace of the owner of the animal;

and (4) Such report causes a disruption, harassment, monetary loss, or disturbance of the owner of the animal.

2.

The offense of making a malicious false report of animal abuse is a class C misdemeanor.

EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law.

Matter in bold-face type in the above bill is proposed language.

HB 2436 2 3.

It shall be an absolute defense for a prosecution of the offense of making a malicious false report of animal abuse if the reporting party reported an incident of animal abuse out of a good faith, reasonable belief that an animal was being abused.

The defendant shall have the burden of injecting this defense under this subsection.

If a defendant asserts that his or her report of animal abuse was made from a good faith, reasonable belief that an animal was being abused, the state shall have the burden to prove beyond a reasonable doubt that the defendant did not have a good faith, reasonable belief that such a report was true.

578.009.

1.

A person commits the offense of animal neglect if he or she:

(1) Has custody or ownership of an animal and fails to provide adequate care;

[or] (2) Has custody or ownership of an animal, excluding livestock as defined in section 265.300, and fails to provide adequate control;

or (3) Knowingly abandons an animal in any place without making provisions for its adequate care or adequate control.

2.

The offense of animal neglect is a class C misdemeanor unless the person:

(1) Has previously been found guilty of an offense under this section, or an offense in another jurisdiction which would constitute an offense under this section, in which case it is a class B misdemeanor;

(2) Fails to provide adequate care or adequate control that results in property damage of another, in which case it is a class B misdemeanor;

however, if such damage exceeds seven hundred fifty dollars, it is a class E felony;

(3) Fails to provide adequate care or adequate control that results in physical injury, as defined in 556.061, to a person, in which case it is a class A misdemeanor;

(4) Fails to provide adequate care or adequate control that results in serious physical injury, as defined in section 556.061, to a person, in which case it is a class E felony;

or (5) Fails to provide adequate care or adequate control that results in death to a person, in which case it is a class D felony.

3.

[All fines and penalties for a first finding of guilt under this section may be waived by the court if the person found guilty of animal neglect shows that adequate, permanent remedies for the neglect have been made.

Reasonable costs incurred for the care and maintenance of neglected animals may not be waived.

This section shall not apply to the provisions of section 578.007 or chapter 272.

4.] In addition to any other penalty imposed by this section, the court may order a person found guilty of animal neglect to pay all reasonable costs and expenses necessary for:

(1) The care and maintenance of neglected animals within the person's custody or ownership;

HB 2436 3 (2) The disposal of any dead or diseased animals within the person's custody or ownership;

(3) The reduction of resulting organic debris affecting the immediate area of the neglect;