SB 191 — Creating felony offense of aggravated cruelty to animals

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Red = new code to be enacted WEST virginia legislature regular session IntroducedCommittee Substitute for Senate Bill 191 By Senators Weld, Baldwin, Cline, Ihlenfeld, Woelfel, and RomanoRomano, [Introducedoriginal Januarysponsors 9,[Originating 2020;in the Committee on the Judiciary;

referredReported toon theJanuary Committee23, on2020] the  Judiciary]   A BILL to amend and reenact §61-8-19 of the Code of West Virginia, 1931, as amended, relating to cruelty to animals;

CRIMES AGAINST CHASTITY, MORALITYMORALITY, AND DECENCY.

(C) FailingFail to provide proper care to end the suffering of any animal;

(2) Any person who violates subdivision (1), subsection (a) of this section is guilty of a felony and, upon conviction, shall be fined not less than $1,000 nor more than $3,000$3,000, or confined in a state correctional facility not less than one nor more than three years, or both fined and confined.

(b) A person who intentionally tortures, or mutilates, or maliciously kills an animal, or causes, procures, or authorizes any other person to torture, mutilate, or maliciously kill an animal, is guilty of a felony and, upon conviction, 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 nor more than $5,000.

(c) (1) It is unlawful for any person to recklessly:

(A) (1) Mistreat an animal in cruel manner;

(B) (2) Abandon an animal;

(C) (3) Withhold:

(i) (A) Proper sustenance, including food or water;

(ii) (B) Shelter that protects from the elements of weather;

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

(D) (4) Abandon an animal to die;

or (E) (5) Leave an animal unattended and confined in a motor vehicle when physical injury to or death of the animal is likely to result;

(2)(d) It is unlawful for any person to intentionally, knowingly, or recklessly:

(F) (A)(1) Ride an animal when it is physically unfit;

(G) (B)(2) Bait or harass an animal for the purpose of making it perform for a person’s amusement;

(H) (C)(3) Cruelly chain or tether an animal;

or (I) (D)(4) Use, train, or possess a domesticated animal for the purpose of seizing, detaining, or maltreating any other domesticated animal.

(2) (2) (3)(e) Any person in violation of subdivision (1)  subdivisionssubsection (1)(c) or (2)(d) of this subsection section 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.

For the purposes of this subsection, "torture" means an action taken for the primary purpose of inflicting pain (c) (d)(f) A person, other than a licensed veterinarianveterinarian, 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.

(d) (e)(g) Any person convicted of a violation of this section forfeits his or her interest in any animalanimal, and all interest in the animal vests in the humane society or county pound of the county in which the conviction was renderedrendered, and the person is, in addition to any fine imposed, liable for any costs incurred or to be incurred by the humane society or county pound as a result.

(e) (f)(h) 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) (g)(i) The provisions of this section do not apply to lawful acts of hunting, fishing, trapping, or animal training or farm livestock, poultry, gaming fowl, or wildlife kept in private or licensed game farms if kept and maintained according to usual and accepted standards of livestock, poultry, gaming fowl, 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 U.S.C.

(g) (h)(j) Notwithstanding the provisions of subsection (a) of this sectionsection, any person convicted of a second or subsequent violation of thatsaid subsection (a) is guilty of a misdemeanor and,and shall be confined in jail for a period of not less than 90 days nor more than one year, fined not less than $500 nor more than $3,000, or both confined and fined.

The incarceration set forth in this subsection is mandatory unless the provisions of subsection (h) (i)(k) of this section are complied with.

(h) (i)(k) (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 he or she has undergone a complete psychiatric or psychological evaluation and the court has reviewed the evaluation.

(2) For any person convicted of a violation of subsection (a) or (b) of this,this section, the court may, in addition to the penalties provided in this section, impose a requirement that he or she complete a program of anger management intervention for perpetrators of animal cruelty.

(i) (j)(l) 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, owning, or residing with any animal or type of animal for a period of five years following entry of a misdemeanor conviction and 15 years following entry of a felony conviction.

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The purpose of this bill is to create the felony offense of aggravated cruelty to animals.

The bill creates a criminal penalty and defines a term.

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

Bill Status  |  Bill Tracking  |  Legacy WV Code  |  Bulletin Board  |  District Maps  |  Senate Roster  |  House Roster  |  Live  |  Blog  |  Jobs  |  Links  |  Home This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.