WEST virginia legislature
2019 regular session
Introduced
Senate Bill 245
By Senators Weld, Baldwin, Cline, Jeffries, Clements, and Ihlenfeld
[ Introduced January 10, 2019; Referred
to the Committee on 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; creating the felony offense of aggravated cruelty to animals; providing a criminal penalty for the offense; and defining a term.
Be it enacted by the Legislature of West Virginia:
ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.
§61-8-19. Aggravated cruelty to animals; penalties; exclusions.
(a)(1) It is unlawful for any person to intentionally or
knowingly: or recklessly
(A) Cause serious bodily injury to an animal;
(B) Withhold any of the following which results in the serious injury or death of an animal;
(i) Proper sustenance, including food or water;
(ii) Shelter that protects from the elements of weather; or
(iii) Medical treatment necessary to sustain normal health;
(C) Failing to provide proper care to end the suffering of any animal;
(D) Abandon an animal to die without proper medical care;
(E) Leave an animal unattended and confined in a motor vehicle resulting in the death of the animal;
(2) Any person in violation of §61-8-19(a)(1) is guilty of a felony and, upon conviction, shall be fined not less than $1,000 nor more than $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. For the purposes of this subsection, "torture" means an action taken for the primary purpose of inflicting pain.
(c) (1) It is unlawful for any person to recklessly:
(A) Mistreat an animal in cruel manner;
(B) Abandon an animal;
(C) Withhold:
(i) Proper sustenance, including food or water;
(ii) Shelter that protects from the elements of weather; or
(iii) Medical treatment, necessary to sustain normal health and fitness or to end the suffering of any animal;
(D) Abandon an animal to die; or
(E) Leave an animal unattended and confined in a motor vehicle when physical injury to or death of the animal is likely to result;
(2) It is unlawful for any person to intentionally, knowingly, or recklessly:
(F) (A) Ride an animal when it is physically
unfit;
(G) (B) Bait or harass an animal for the
purpose of making it perform for a person's amusement;
(H) (C) Cruelly chain or tether an animal;
or
(I) (D) Use, train or possess a domesticated
animal for the purpose of seizing, detaining or maltreating any other
domesticated animal.
(2) (3) Any person in violation of subdivision
(1) of this subsection §61-8-19(c)(1) or §61-8-19(c)(2) of this code
is guilty of a misdemeanor and, upon conviction, thereof shall be fined
not less than $300 nor more than $2,000 or confined in jail not more than six
months, 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 thereof, shall be confined in a correctional
facility not less than one nor more than five years and be fined not less than
$1,000 nor more than $5,000. For the purposes of this subsection, "torture"
means an action taken for the primary purpose of inflicting pain.
(c) (d) 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.
(d) (e) Any person convicted of a violation
of this section forfeits his or her interest in any animal and all interest in
the animal vests in the humane society or county pound of the county in which
the conviction was rendered 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) For the purpose of this section, the
term "controlled substance" has the same meaning ascribed to it by
§60A-1-101(d) of this code.
(f) (g) 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 7 U.S.C. §2131, et seq., and the
regulations promulgated thereunder, as both statutes and regulations are in
effect on the effective date of this section.
(g) (h) Notwithstanding the provisions of
§61-8-19(a) of this code, any person convicted of a second or subsequent
violation of that subsection (a) is guilty of a misdemeanor 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) of this section §61-8-19(i) of
this code are complied with.
(h) (i) (1) Notwithstanding any provision of
this code to the contrary, no person who has been convicted of a violation of
the provisions of §61-8-19(a) or §61-8-19(b) of this code may be granted
probation until the defendant has undergone a complete psychiatric or
psychological evaluation and the court has reviewed the evaluation. Unless the
defendant is determined by the court to be indigent, he or she is responsible
for the cost of the evaluation.
(2) For any person convicted of a violation of §61-8-19(a) or §61-8-19(b) of this code, 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. Unless the defendant is determined by the court to be indigent, he or she is responsible for the cost of the program.
(i) (j) 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. A violation
under this subsection is a misdemeanor punishable by a fine not exceeding
$2,000 and forfeiture of the animal.
NOTE: 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.