(f)(g) DepriveInstigate, anengage animalin, of grooming or shearingin orany refuseway tofurther furnishan theact animalof suchcruelty grooming or shearing, to theany extentanimal, that such grooming or shearingany isact reasonablytending necessary to preventproduce adversesuch healthcruelty; effects, pain, injury or the impediment of the natural movement of the animal;

- *AB86_R2* – 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;

(II) A person delivers the animal directly to a representative of an animal rescue organization or animalAssembly shelter;Amendment No.

or284 (III) The animal is a feral cat that has been caught to provideAssembly vaccination,Bill spayingNo. or neutering and released back to the location where the feral cat was caught after providing the vaccination, spaying or neutering.

86 Page 5 (II) 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;

or (b) Leave a dog,dog , who does not have immediate access to the indoors, outside and unattended unless the person provides the dog with access to:

(I) [Protects] Is waterproof, ventilated and constructed of sound and substantial material that is adequate to protect the dog from inclement weather [;] and which allows the dog to maintain a normal body temperature;

(d)Assembly InAmendment attendanceNo. 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;

-284 *AB86_R2*to –Assembly 5Bill –No. (e) Being kept in [a] an animal shelter or boarding facility or temporarily in a camping area;

86 Page 6 (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;

(e) Being kept in [a] an animal shelter or boarding facility or temporarily in a camping area;

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.

A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occurAssembly eitherAmendment atNo. a time when the person is not required to be at the person’s place of employment or on a weekend.

284 to Assembly Bill No.

86 Page 7 occur either at a time when the person is not required to be at the person’s place of employment or on a weekend.

In addition to any other fine or penalty provided in subsection [6 or] 7 [,] or 8, a court shall order a person convicted of violating subsection 1, 2, 3 or [5] 6 to pay restitution for all costs associated with the care and impoundment of any mistreated animal under subsection 1, 2, 3 or [5] 6,6 , including, without limitation, money expended for veterinary treatment, feed and housing.

- *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.

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

Sec.Assembly Amendment No.

284 to Assembly Bill No.

86 Page 8 Sec.

- *AB86_R2* – 8 – TEXT OF REPEALED SECTION penalty.10574.110 Abandonment of disabled animal unlawful;

penalty.

Any agent or officer of any society for the prevention of cruelty to animals, or of any society duly incorporated for that purpose, or any police officer, may lawfully destroy or cause to be destroyed any animal found abandoned and not properly cared for, appearing, in the judgment of two reputable citizens called by the agent or officer to view the same in his or her presence, to be glandered, injured or diseased past recovery for any useful purpose, or after such agent or officer has obtained in writing from the owner of such animal the owner’s consent to such destruction.

H - *AB86_R2*