AB 86 — Revises provisions relating to animal welfare. (BDR 50-203)

(Reprinted with amendments adopted on MayApril 23,24, 2023) SECONDFIRST REPRINT A.B.

and (2) with certain exceptions, depriving an animal of proper ventilation, necessary veterinary care or grooming and shearing under certain circumstances.

SectionExisting 1law providesprohibits thatthe aabandonment personof maymaimed, claim,diseased, asdisabled anor affirmativeand defensesets toforth awhat chargeconstitutes abandonment of depriving an animalanimal.ndonment of necessaryany veterinaryanimal careExisting groominglaw orprescribes shearing.ng,minimum thatstandards hefor orthe shehousing, waskeeping unableand torestraining affordof suchdogs veterinaryand care,sets Existingforth lawcertain prohibitsexceptions theto abandonmentthese ofprovisions. maimed, diseased, disabled or infirm animals.

(NRS 574.110) Section 1 prohibits the abandonment of any animal and sets forth what constitutes abandonment of an animal.

Existing law prescribes minimum standards for the housing, keeping and restraining of dogs and sets forth certain exceptions to these provisions.

(1) a collar, orharness pulley system or other device that hasis anot weightproperly attached.fitted;

Sectionor 1(2) alsoa prohibitslleytether, leavingchain, atie, dogtrolley outsideor andpulley unattendedsystem unlessor theother dogdevice isthat providedhas with:a weight attached.

(1)Section adequate1 shelter;also prohibits leaving a dog outside and unattended unless the dog is provided with:

(2)(1) anadequate area that allows the dog to avoid standing water and exposure to excessive animal waste;

and (4) potable water.water.to Section 1 provides an exception from these prohibitions for a dog that is actively engaged in or training for:

Section 1 provides an exception from these prohibitions for a dog that is actively - *AB86_R2* – 2 – engaged in or training for:

(4) guide dogs, hearing competitive- functions.and*AB86_R1* (5)– trials,2 sporting– ordogs other lawful competitions or Sectionservice 1.5dogs; of this bill repeals a provision of existing law relating to the abandonment of disabled animals.

THEand PEOPLE(5) OFtrials, THEsporting STATEor OFother NEVADA,lawful REPRESENTEDcompetitions INor SENATEcompetitive ANDfunctions. ASSEMBLY, DO ENACT AS FOLLOWS:

abandonment of disabled animals.als a provision of existing law relating to the THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

(e) DepriveExcept as otherwise provided in subsection 5, deprive an ill, infirm or injured animal of necessary veterinary care, or neglect or refuse to furnish the animal with necessary veterinary care, resulting in the animal experiencing unnecessary or unjustifiable pain, suffering or death;

(f) DepriveExcept as otherwise provided in subsection 5, deprive an animal of grooming or shearing or refuse to furnish the animal such grooming or shearing, to the extent that such grooming or shearing is reasonably necessary to prevent adverse health effects, pain, injury or the impediment of the natural movement of the animal;

- *AB86_R2**AB86_R1* – 3 – (g) Instigate, engage in, or in any way further an act of cruelty to any animal, or any act tending to produce such cruelty;

(I) A person delivers the animal to another person who will accept ownership or custody of the animal ;or an animal rescue organization or animal shelter;

or (II) AThe personanimal deliversis thea animalferal directlycat tothat ahas representativebeen ofcaught anto animalprovide rescuevaccination, organizationspaying or animalneutering shelter;and released back to the location where the feral cat was caught after providing the vaccination, spaying or neutering.

or (III) The animal is a feral cat that has been caught to provide vaccination, spaying or neutering and released back to the location where the feral cat was caught after providing the vaccination, spaying or neutering.

or - *AB86_R2* – 4 – (IV) Has a weight attached;

- *AB86_R1* – 4 – [(b)] (3) Using a prong, pinch or choke collar or similar restraint;

- *AB86_R2* – 5 – (e) Being kept in [a] an animal shelter or boarding facility or temporarily in a camping area;

- *AB86_R1* – 5 – (f) Temporarily being cared for as part of a rescue operation or in any other manner in conjunction with a bona fide nonprofit organization formed for animal welfare purposes;

InThe a prosecution for a violation of the provisions of paragraphs (e) and (f) of subsection 1,1 thedo defendantnot mayapply claimto as an affirmativeindigent defenseperson. that he or she was unable to afford the necessary veterinary care, grooming or shearing of the animal.

InA additionperson tomay thebe writtendetermined notice required by NRS 174.234, a defendant who intends to offerbe theindigent affirmativeif defense described in this subsection shall, not less than 20 days before trial or at such other time as the courtperson: directs, file and serve upon the prosecuting attorney a written notice of his or her intent to claim the affirmative defense.

The(a) writtenReceives noticepublic mustassistance, include:as that term is defined in NRS 422A.065;

(a)(b) TheResides specificin affirmativepublic defensehousing, as that theterm defendant is asserting;defined in NRS 315.021;

and(c) (b)Has Thea namehousehold andincome lastthat knownis addressless ofthan each200 witnesspercent byof whom the defendantfederally proposesdesignated tolevel establishsignifying thepoverty; affirmative defense.

or (d) Any other relevant factor, as determined by a court.

- *AB86_R2* – 6 – (b) If the act is committed in order to threaten, intimidate or terrorize another person, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

- *AB86_R1* – 6 – (a) For the first offense within the immediately preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:

- *AB86_R2* – 7 – [11.] 12.

For the purposes of subsection 5, a defendant may not claim as an affirmative defense that he or she was unable to afford the necessary veterinary care, grooming or shearing of the animal if, during the period that the defendant owned or had custody of the animal, the defendant:

(a) Declined financial assistance, non-financial assistance or other services offered to facilitate the necessary veterinary care, grooming or shearing of the animal;

or (b) Was unable to afford the necessary veterinary care, grooming or shearing of the animal because of excessive spending, indebtedness or other legal obligation, unless the spending, indebtedness or other legal obligation was not within the control of the defendant.

13.

- *AB86_R1* – 7 – (c) “Feral cat” means a cat that has no apparent owner or identification and appears to be unsocialized to humans and unmanageable or otherwise demonstrates characteristics normally associated with a wild or undomesticated animal.

or [(b)] (2) Catching such an animal by the legs and then releasing it as part of a horse roping event for which a permit has been issued by the local government where the event is conducted.

has been issued (e) “Minimal care” means proper sustenance or food reasonably sufficient to meet the nutritional needs of an animal, sufficient potable water and accessible shelter.