Additional Bill Links PDF (with line numbers)
SENATE BILL NO. 221
INTRODUCED BY M. TROPILA, LAIBLE, MCGEE
A BILL FOR AN ACT ENTITLED: "AN ACT INCLUDING COMPANION ANIMAL HOARDING IN THE OFFENSE OF CRUELTY TO ANIMALS; PROVIDING THAT A PERSON CONVICTED OF COMPANION ANIMAL HOARDING MAY MUST, IN ADDITION TO PENALTIES, BE REQUIRED TO UNDERGO EVALUATION AND TREATMENT WHEN CONSIDERED APPROPRIATE BY THE SENTENCING COURT; AND AMENDING SECTION 45-8-211, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 45-8-211, MCA, is amended to read:
"45-8-211. Cruelty to animals -- exceptions. (1) A person commits the offense of cruelty to animals if, without justification, the person knowingly or negligently subjects an animal to mistreatment or neglect by:
(a) overworking, beating, tormenting, torturing, injuring, or killing the animal;
(b) carrying or confining the animal in a cruel manner;
(c) failing to provide an animal in the person's custody with:
(i) food and water of sufficient quantity and quality to sustain the animal's normal health;
(ii) minimum protection for the animal from adverse weather conditions, with consideration given to the species;
(iii) in cases of immediate, obvious, serious illness or injury, licensed veterinary or other appropriate medical care;
(d) abandoning any helpless animal or abandoning any animal on any highway, railroad, or in any other place where it may suffer injury, hunger, or exposure or become a public charge; or
(e) promoting, sponsoring, conducting, or participating in an animal race of more than 2 miles, except a sanctioned endurance race; or
(f) companion animal hoarding.
(2) (a) A person convicted of the offense of cruelty to animals shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both. A person convicted of a second or subsequent offense of cruelty to animals, A FIRST OR SUBSEQUENT OFFENSE OF COMPANION ANIMAL HOARDING, or of a first or subsequent offense of aggravated animal cruelty shall be fined an amount not to exceed $2,500 or be sentenced to the department of corrections for a term not to exceed 2 years, or both.
(b) If the convicted person is the owner, the person may be required to forfeit any animal affected to the county in which the person is convicted. This provision does not affect the interest of any secured party or other person who has not participated in the offense.
(c) For the purposes of this subsection (2), when more than one animal is subject to cruelty to animals, each act may comprise a separate offense.
(3) In addition to the sentence provided in subsection (2), the court:
(a) shall require the defendant to pay all reasonable costs incurred in providing necessary veterinary attention and treatment for any animal affected, including reasonable costs of care incurred by a public or private animal control agency or humane animal treatment shelter;
(b) may require the defendant to pay all reasonable costs of necessary care of the affected animal that are incurred by a public or private animal control agency or humane animal treatment shelter; and
(c) shall prohibit or limit the defendant's ownership, possession, or custody of animals, as the court believes appropriate during the term of the sentence; and
(d) may SHALL, in a case of companion animal hoarding, order the convicted person to undergo a psychological or psychiatric examination and to undergo treatment, at the person's expense, that the court considers appropriate after considering the results of the evaluation.
(4) This section does not prohibit:
(a) a person humanely destroying an animal for just cause;
(b) the use of commonly accepted agricultural and livestock practices on livestock;
(c) rodeo activities that meet humane standards of the professional rodeo cowboys association;
(d) lawful fishing, hunting, and trapping activities;
(e) lawful wildlife management practices;
(f) lawful scientific or agricultural research or teaching that involves the use of animals;
(g) services performed by a licensed veterinarian;
(h) lawful control of rodents and predators and other lawful animal damage control activities; or
(i) accepted training and discipline methods.
(5) As used in this section, the following definitions apply:
(a) (i) "Companion animal hoarding" occurs if all of the following elements exist:
(A) possession of 20 10 or more companion animals or household pets;
(B) failure or inability to provide the necessary care for the animals in violation of subsection (1)(c); AND
(C) confining the animals in a severely overcrowded environment; and.
(D) inability to recognize or understand the nature of or having a reckless disregard for the conditions under which the animals are living and the deleterious impact those conditions have on the health and well-being of the animals and the owner.
(ii) The term does not include purebred animal breeding facilities or facilities for animals related to sanctioned endurance races UNLESS THE FACILITIES MEET THE ELEMENTS OF SUBSECTION (5)(A)(I).
(iii) Companion animal hoarding does not constitute aggravated animal cruelty as provided in 45-8-217.
(b) "Companion animal or household pet" means a domesticated cat, dog, bird, ferret, rabbit, or other domesticated animal normally maintained in the residence or on the property of the owner or person who cares for the domesticated animal."
- END -
Latest Version of SB 221 (SB0221.02)
Processed for the Web on February 19, 2009 (12:41pm)
New language in a bill appears underlined, deleted material appears stricken.
Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted.
See the status of this bill for the bill's primary sponsor.
Status of this Bill | 2009 Legislature | Leg. Branch Home
This bill in WP 5.1 | All versions of all bills (WP 5.1 format)
Authorized print version w/line numbers (PDF format)
[ NEW SEARCH ]
Prepared by Montana Legislative Services
(406) 444-3064