SB 70 — Natural Disaster Amendments

(Green) S.B.

70 01-23 13:39 the Division of Forestry, Fire, and State Lands;

- 6 - SB0070 compared with SB0070S01 (i) providing emergency medical assistance;

-(u) 6an -unauthorized 01-23access 13:39to 1stgovernment Sub.records, data, or electronic information systems by any person or entity;

(Green) S.B.

70 (u) an unauthorized access to government records, data, or electronic information systems by any person or entity;

- 7 - SB0070 compared with SB0070S01 Section 3.

This Bill Repeals:

{Section 2.

Section 76-13-203 is amended to read:

} 76-13-203.

Aggravated cruelty to an animal.

(1) (a) As used in this section:

(i) "Abandon" means the same as that term is defined in Section 76-13-202.

[(i)] (ii) "Animal" means the same as that term is defined in Section 76-13-202.

[(ii)] (iii) "Custody" means the same as that term is defined in Section 76-13-202.

[(iii)] (iv) "Legal privilege" means the same as that term is defined in Section 76-13-202.

(v) "Natural disaster" means the same as that term is defined in Section 63G-6a-803.

(vi) "Personal animal" means the same as that term is defined in Section 78B-6-812.

[(iv)] (vii) "Torture" means the same as that term is defined in Section 76-13-202.

(b) Terms defined in Sections 76-1-101.5, 76-13-101, and 76-13-201 apply to this section.

(2) Except as provided in Subsection (4), an actor commits aggravated cruelty to an animal if the actor:

(a) tortures an animal;

(b) administers, or causes to be administered, poison or a poisonous substance to an animal;[ or] (c) kills an animal or causes an animal to be killed without having a legal privilege to do so[.] ;

or (d) during a natural disaster:

(i) attaches a personal animal outside to a stationary object or trolley system using a chain, rope, tether, leash, cable, or other device;

and (ii) abandons the personal animal.

(3) A violation of Subsection (2) is:

(a) a class A misdemeanor if committed intentionally or knowingly;

(b) a class B misdemeanor if committed recklessly;

or (c) a class C misdemeanor if committed with criminal negligence.

(4) If an actor's conduct in violation of this section also constitutes a violation of Section 76-13-204, Torturing a companion animal, the actor's conduct shall be prosecuted under Section 76-13-204.

(5) It is a defense to prosecution under this section that the conduct of the actor towards the animal was:

- 8 - SB0070 compared with SB0070S01 (a) performed by a licensed veterinarian using accepted veterinary practice;

(b) directly related to bona fide experimentation for scientific research, provided that if the animal is to be destroyed, the manner employed will not be unnecessarily cruel unless directly necessary to the veterinary purpose or scientific research involved;

(c) permitted under Section 18-1-3;

(d) performed by an actor who humanely destroys an animal found suffering past recovery for any useful purpose;

or (e) performed by an actor who humanely destroys an apparently abandoned animal found on the actor's property.

(6) For purposes of Subsection (5)(d), before destroying the suffering animal, an actor who is not the owner of the animal shall obtain:

(a) the judgment of a veterinarian of the animal's nonrecoverable condition;

(b) the judgment of two other individuals called by the actor to view the unrecoverable condition of the animal in the actor's presence;

(c) the consent from the owner of the animal to the destruction of the animal;

or (d) a reasonable conclusion that the animal's suffering is beyond recovery, through the actor's own observation, if the actor is in a location or circumstance where the actor is unable to contact another individual.

(7) Upon conviction under this section, the court may in the court's discretion, in addition to other penalties:

(a) order the actor to be evaluated to determine the need for psychiatric or psychological counseling, to receive counseling as the court determines to be appropriate, and to pay the costs of the evaluation and counseling;

(b) require the actor to forfeit any rights the actor has to the animal subjected to a violation of this section and to repay the reasonable costs incurred by any person in caring for each animal subjected to a violation of this section;

(c) order the actor to no longer possess or retain custody of any animal, as specified by the court, during the period of the actor's probation or parole or other period as designated by the court;

and (d) order the animal to be placed for the purpose of adoption or care in the custody of a county or municipal animal control agency or an animal welfare agency registered with the state to be sold at public auction or humanely destroyed.

- 9 - SB0070 compared with SB0070S01 (8) A veterinarian who, acting in good faith, reports a violation of this section to law enforcement may not be held civilly liable for making the report.

Effective date.

1-23-26 1:39 PM - 710 -