SB 269 — Revises provisions related to animal cruelty. (BDR 50-246)

(ReprintedSenate withBill amendmentsNo. adopted on April 18, 2023) FIRST REPRINT S.B.

269269–Senator SENATEOhrenschall BILLCHAPTER.......... NO .

269–SENATOR OHRENSCHALL M ARCH 13, 2023 ____________ Referred to Committee on Natural Resources SUMMARY—Revises provisions related to animal cruelty.

(BDR 50-246) FISCAL NOTE:

Effect on Local Government:

Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

prohibitingrevising acertain personprohibitions fromon restraining a dogdog; during any time in which a heat advisory, excessive heat warning, wind chill warning or winter storm warning has been issued for the area;

eliminatingrevising from provisions relating to animal cruelty certain exemptions that authorize a dog to be restrained in a certain manner or maintained in certain enclosures;

Existing law prohibits, with certain exceptions, a person from restraining a dog:

(NRS 574.100) Section 1 of this bill prohibits a person from also restraining a dog outdoorsfor duringmore anythan time10 inhours whichduring a heat24-hour advisory,period. excessive heat warning, wind chill warning or winter storm warning has been issued for the area by the National Weather Service.

(3) being kept in a shelter or boarding facility or temporarily in a othercamping mannerarea; in conjunction with a bona fide nonprofit organization formed for in any animal welfare purposes;

or(4) (5)temporarily withbeing acared personfor havingas custodypart or control of the dog, - *SB269_R1* – 2 – if the person is engaged in a temporaryrescue taskoperation or activityin withany theanimal dogwelfare forpurposes; not more than 1 hour.

Existing law sets forth graduated criminal penalties depending on whether the offense is a first, second or third(5) andwith subsequent offense for a violationperson thesehaving exemptionscustody whereor acontrol dog is being used lawfully to hunt a species of wildlifethe indog, thisif State during the huntingperson seasonis forengaged that species, receiving training to hunt a species of wildlife in this State and temporarily being cared for as part of a rescuetemporary operationtask or inactivity any other manner in conjunction with athe bonadog fide nonprofit organization formed for animalnot welfaremore purposesthan so1 that:hour.

(1)Existing thelaw limitationssets forth graduated criminal penalties depending on whether the (2)offense theis graduateda criminalfirst, penaltiessecond alsoor applythird and subsequent offense for a violation of certain provisions relating to suchanimal circumstances.cruelty.

Section(NRS 1d574.100) furtherSection exempts1 fromeliminates the limitationsexemption where a dog is:is being kept in a boarding facility so that:

(1) beingthe processedlimitations intoon anthe animalrestraint shelter;and use of outdoor enclosures apply to a dog in such circumstances;

orand (2) under the directgraduated custodycriminal orpenalties controlalso ofapply ato person,such ifbeing theprocessed personinto isan engagedanimal inshelter; a temporary task or activity with the dog for not more than 1 hour, provided a heat advisory, excessive heat warning, wind chill warning or winter storm warning has not been issued for the area by the National Weather Service.

and (2) limits the exemptions where a dog is temporarily being cared for as part of a rescue operation in conjunction with an animal rescue operation or staying in a camping area to a period of less than 1 month.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

- 82nd Session (2023) – 2 – (b) Except as otherwise provided in paragraph (a), overdrive, overload, torture, cruelly beat or unjustifiably injure, maim, mutilate or kill an animal, whether belonging to the person or to another;

(c) Deprive an animal of necessary sustenance, food or drink, or neglectneg(d) Cause, procure or refuseallow an animal to furnishbe itoverdriven, suchoverloaded, sustenancetortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or killed or to be deprived of necessary food or drink;

(d) Cause, procure or allow an animal to be overdriven, overloaded, tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or killed or to be deprived of necessary food or drink;

- *SB269_R1* – 3 – 2.

(2) Fails to allow the dog to move at least 12 feet or, if the device is a pulley system, fails to allow the dog to move a total of 12 feet;

[or]or (c) Outdoors,For duringmore anythan time[14] in10 whichhours during a heat24-hour advisoryperiod. or excessive heat warning has been issued for the area by the National Weather Service;

(d) Outdoors, during any time in which a wind chill warning or winter storm warning has been issued for the area by the National Weather Service;

or (e) For more than 14 hours during a 24-hour period.

- 82nd Session (2023) – 3 – 4.

(a) Tethered, chained, tied, restrained or placed in a pen or enclosure by a veterinarian, as defined in NRS 574.330, during the coursecou(b) Being used lawfully to hunt a species of wildlife in this State during the veterinarian’shunting practice;season for that species;

(b) [Being used lawfully to hunt a species of wildlife in this State during the hunting season for that species;

(d)](d) In attendance at and participating in an exhibition, show, contest or other event in which the skill, breeding or stamina of the dog is judged or examined;

or(e) [(e)] (c) Being [kept in a] processed into an animal shelter ;

[or boarding facility or temporarily in a camping area;area;] (f) Temporarily [being] for a period of less than 1 month:

(f)(1) TemporarilyBeing being cared for as part of a rescue operation or[or in any other mannermanner] in conjunction with a[a bona fide nonprofitnonprofit] an animal rescue organization formed[formed for animal welfare purposes;purposes;] ;

-or *SB269_R1*(2) –Staying 4in –a (g)]camping (d)area; Living on land that is directly related to an active agricultural operation, if the restraint is reasonably necessary to ensure the safety of the dog.