SB 124 — Creating felony offense for actions of cruelty to animals which causes serious injury or death of animal

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Red = new code to be enacted WEST virginia legislature regular session IntroducedCommittee Substitute for Senate Bill 124 By Senators Clements, Weld, and BaldwinBaldwin, [Introducedoriginal Januarysponsors 9,[Originating 2019;in the Committee on the Judiciary;

ReferredReported toon theJanuary Committee23, on2019] the  Judiciary]  A BILL to amend and reenact §61-8-19 of the Code of West Virginia, 1931, as amended, relating to creating a felony offense for subsequent actions of cruelty to animalsan animal that causecauses bodily injury to,to or serious bodily injury or death of,of the animal.animal;

and creating a felony offense for second and subsequent convictions of cruelty to animals.

CRIMES AGAINST CHASTITY, MORALITYMORALITY, AND DECENCY.

(a)(1) It is unlawful for any person to intentionally, knowinglyknowingly, or recklessly,recklessly: (A) Mistreat an animal in cruel manner;

(A) Mistreat an animal in a cruel manner;

(C) Withhold;Withhold:

or (iii) Medical treatment, necessary to sustain normal health and fitnessfitness, or to end the suffering of any animal;

(E) Leave an animal unattended and confined in a motor vehicle when physical injury toto, or death ofof, the animal is likely to result;

(G) Bait or harass an animal for the purpose of making it perform for a person'sperson’s amusement;

or (I) Use, traintrain, or possess a domesticated animal for the purpose of seizing, detainingdetaining, or maltreating any other domesticated animal.

(2) Any person in violation of subdivision (1) of this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $300 nor more than $2,000$2,000, or confined in jail not more than six months, or both fined and confined.

(b) A person whoin intentionallyviolation tortures,of orsubdivision mutilates(1) orof maliciouslythis killssubsection that causes bodily injury to an animal,animal or causes,death procuresof oran authorizesanimal, anyor othera person towho torture,has mutilatea second or maliciouslysubsequent killconviction anof animal,a violation of subdivision (1) of this subsection, is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility not less than one nor more than five years and be fined not less than $1,000$1000 nor more than $5,000.$5000.

For the purposes of this subsection,section, "torture"“bodily meansinjury” anhas actionthe takensame formeaning theas primaryin purpose§61-2-29(a)(2) of inflictingthis pain.code.

(c)(b) A person,person otherwho thanintentionally atortures, licensedor veterinarianmutilates, or amaliciously personkills actingan underanimal, the direction or withcauses, theprocures, approval of a licensed veterinarian, who knowingly and willfully administers or causesauthorizes toany beother administeredperson to anytorture, animalmutilate, participatingor inmaliciously anykill contestan anyanimal, controlledis substanceguilty orof anya otherfelony drugand, forupon theconviction purposethereof, ofshall alteringbe orconfined otherwisein affectinga saidstate animal'scorrectional performancefacility isnot guiltyless ofthan aone misdemeanornor and,more uponthan convictionfive thereof,years shalland be fined not less than $500$1,000 nor more than $2,000.$5,000.

For the purposes of this subsection, “torture” means an action taken for the primary purpose of inflicting pain.

(c) A person, other than a licensed veterinarian or a person acting under the direction or with the approval of a licensed veterinarian, who knowingly and willfully administers or causes to be administered to any animal participating in any contest any controlled substance or any other drug for the purpose of altering or otherwise affecting said animal’s performance, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $2,000.

(e) For the purpose of this section, the term "controlled“controlled substance"substance” has the same meaning ascribed to it by §60A-1-101(d) §60A-1-101(e) of this code.

(f) The provisions of this section do not apply to lawful acts of hunting, fishing, trappingtrapping, or animal training or farm livestock, poultry, gaming fowlfowl, or wildlife kept in private or licensed game farms if kept and maintained according to usual and accepted standards of livestock, poultry, gaming fowlfowl, or wildlife or game farm production and management, nor to humane use of animals or activities regulated under and in conformity with the provisions of 7 U.S.C.

§2131,2131 et seq., and the regulations promulgated thereunder, as both statutes and regulations are in effect on the effective date of this section.

The incarceration set forth in this subsection is mandatory unless the provisions of subsection (h) of this section are complied with: with. Provided, That any person in violation of a second or subsequent conviction of a violation of subdivision (1), or a violation of subdivision (1) of subsection (h) of this section that causes bodily injury to, or serious bodily injury or death of the animal is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility not less than one nor more than five years and be fined not less than $1000 nor more than $5000.

For(h)(g)(1) theNotwithstanding purposesany provision of this section,code “bodilyto injury”the contrary, no a person who has been convicted of a violation of the sameprovisions meaningof assubsection in(a) §61-2-29or (b) of this code,section andmay “seriousnot bodilybe injury”granted hasprobation until the samedefendant meaninghas asundergone ina §61-2-29complete (6)psychiatric ofor thispsychological code.evaluation and the court has reviewed the evaluation.

(h)(1) Notwithstanding any provision of this code to the contrary, no person who has been convicted of a violation of the provisions of subsection (a) or (b) of this section may be granted probation until the defendant has undergone a complete psychiatric or psychological evaluation and the court has reviewed the evaluation.

(i) (h) In addition to any other penalty which can be imposed for a violation of this section, a court shall prohibit any person so convicted from possessing, owningowning, or residing with any animal or type of animal for a period of five years following entry of a misdemeanor conviction and fifteen15 years following entry of a felony conviction.

  NOTE:

The purpose of this bill is to create a felony offense for subsequent actions of cruelty to animals that cause bodily injury to, or serious bodily injury or death of, the animal.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.