2005 Legislation
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HOUSE BILL NO. 167 – Animals, cruelty, penalty

HOUSE BILL NO. 167

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H0167...............................................by AGRICULTURAL AFFAIRS
ANIMAL CRUELTY - PENALTY - Amends, repeals and adds to existing law
relating to animals to set forth provisions applicable to the sale and use
of strychnine; to set forth prohibited conduct related to animals; to
provide for punishment; to prohibit animal fighting; to set forth
exemptions; to permit persons to provide necessary food and water to
domestic animals under certain circumstances; to provide for nonliability
and the collection of reasonable costs; and to provide for the removal of
animals into protective custody under certain circumstances.
                                                                        
02/11    House intro - 1st rdg - to printing
02/14    Rpt prt - to Agric Aff

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 167
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ANIMALS; AMENDING SECTION 25-3503, IDAHO CODE, TO SET FORTH PROVI-
  3        SIONS APPLICABLE TO THE SALE AND USE OF STRYCHNINE, TO PROVIDE DESCRIPTIVE
  4        LANGUAGE AND TO MAKE A TECHNICAL  CORRECTION;  AMENDING  SECTION  25-3504,
  5        IDAHO CODE, TO SET FORTH PROHIBITED CONDUCT RELATED TO ANIMALS AND TO PRO-
  6        VIDE  FOR  PUNISHMENT; REPEALING SECTIONS 25-3506 AND 25-3507, IDAHO CODE,
  7        RELATING TO EXHIBITIONS OF COCKFIGHTS AND DOGFIGHTS; AMENDING CHAPTER  35,
  8        TITLE  25,  IDAHO  CODE,  BY  THE ADDITION OF A NEW SECTION 25-3506, IDAHO
  9        CODE, TO PROHIBIT ANIMAL FIGHTING, TO PROVIDE FOR PUNISHMENT  AND  TO  SET
 10        FORTH  EXEMPTIONS; AMENDING SECTION 25-3510, IDAHO CODE, TO PERMIT PERSONS
 11        TO PROVIDE NECESSARY FOOD AND WATER TO DOMESTIC ANIMALS UNDER CERTAIN CIR-
 12        CUMSTANCES, TO PROVIDE FOR NONLIABILITY AND THE COLLECTION  OF  REASONABLE
 13        COSTS  AND  TO  PROVIDE FOR THE REMOVAL OF ANIMALS INTO PROTECTIVE CUSTODY
 14        UNDER CERTAIN CIRCUMSTANCES; AND AMENDING SECTION 25-3520A, IDAHO CODE, TO
 15        PROVIDE CODE REFERENCES.
                                                                        
 16    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 17        SECTION 1.  That Section 25-3503, Idaho Code, be, and the same  is  hereby
 18    amended to read as follows:
                                                                        
 19        25-3503.  POISONING  ANIMALS  --  STRYCHNINE SALES -- RECORDS -- REPORT ON
 20    SUSPECTED PURCHASES. (1) Every person who wilfully willfully  administers  any
 21    poisonous  substance  to  an  animal,  the property of another, or maliciously
 22    places any poisonous substance where it would be found by an animal  or  where
 23    it  would  attract  an  animal,  with the intent that the same shall be taken,
 24    ingested or absorbed by any such animal, is punishable by imprisonment in  the
 25    state  prison not exceeding three (3) years, or in the county jail not exceed-
 26    ing one (1) year, and a fine not less than one hundred dollars ($100) or  more
 27    than five thousand dollars ($5000).
 28        (2)  It  is  unlawful  for  any person other than a licensed pharmacist to
 29    sell at retail or to furnish to any person any strychnine, provided that noth-
 30    ing in this subsection (2) prohibits county, state or federal agents,  in  the
 31    course  of  their  duties,  from  furnishing  strychnine  to  any person. Each
 32    licensed pharmacist selling or furnishing such strychnine shall, before deliv-
 33    ering the same, record the transaction. If any such licensed  pharmacist  sus-
 34    pects  that any person desiring to purchase strychnine intends to use the same
 35    for the purpose of poisoning unlawfully any domestic animal or domestic  bird,
 36    he  or  she  may  refuse  to sell to such person, but whether or not he or she
 37    makes such sale, he or she shall, if he or she so suspects an intention to use
 38    the strychnine unlawfully, immediately notify the  nearest  peace  officer  or
 39    officer  of  any incorporated association qualified as provided by law, giving
 40    such officer a complete description of the person purchasing, or attempting to
 41    purchase, such strychnine. A person violating this  subsection  (2)  shall  be
 42    guilty of a misdemeanor.
                                                                        
                                           2
                                                                        
  1        SECTION  2.  That  Section 25-3504, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
                                                                        
  3        25-3504.  COMMITTING CRUELTY TO ANIMALS. (1) Every person who is cruel  to
  4    any  animal, or causes or procures any animal to be cruelly treated, including
  5    using, or trapping to use, domestic dogs or cats as bait, prey or targets; and
  6    whoever, having the charge or custody of any animal, either as owner or other-
  7    wise, subjects any animal to cruelty, is, for every such offense, guilty of  a
  8    misdemeanor and shall, upon conviction, be punished in accordance with section
  9    25-3520A, Idaho Code as follows:
 10        (a)  Such  person  is  guilty of a felony if, except as authorized by law,
 11        the person inflicts substantial pain on, causes  physical  injury  to,  or
 12        kills  an  animal by a means causing undue suffering, or forces a minor to
 13        inflict unnecessary pain, injury or death on an animal.
 14        (b)  Such person is guilty of a misdemeanor and shall, upon conviction, be
 15        punished in accordance with section 25-3520A, Idaho Code, if,  under  cir-
 16        cumstances not amounting to first degree animal cruelty, the person:
 17             (i)   Knowingly,  recklessly  or  with  criminal  negligence inflicts
 18             unnecessary suffering or pain upon an animal; or
 19             (ii)  Abandons the animal.
 20        (2)  As a condition of the sentence imposed under this section, the  court
 21    may  also  order  the  defendant to participate in an available animal cruelty
 22    prevention or education program or to obtain available psychological  counsel-
 23    ing  to  treat  mental health problems contributing to the violation's commis-
 24    sion. The defendant shall bear the costs of the program or treatment.
 25        (3)  In addition to the penalties imposed by the court,  the  court  shall
 26    order  the forfeiture of all animals held by law enforcement or animal care or
 27    control authorities under the provisions of this chapter if any one (1) of the
 28    animals involved dies as a result of a violation of this  section  or  if  the
 29    defendant  has a prior conviction under this section. In other cases the court
 30    may enter an order requiring the owner to forfeit  the  animal  if  the  court
 31    deems  the  animal's  treatment  to have been severe and likely to reoccur. If
 32    forfeiture is ordered, the owner shall be prohibited from owning or caring for
 33    any similar animals for a period of two (2) years.
                                                                        
 34        SECTION 3.  That Sections 25-3506 and 25-3507, Idaho  Code,  be,  and  the
 35    same are hereby repealed.
                                                                        
 36        SECTION  4.  That  Chapter  35,  Title 25, Idaho Code, be, and the same is
 37    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 38    ignated as Section 25-3506, Idaho Code, and to read as follows:
                                                                        
 39        25-3506.  ANIMAL  FIGHTING  PROHIBITED. (1) Any person who does any of the
 40    following is guilty of a felony:
 41        (a)  Owns, possesses, keeps or trains any animal with the intent that  the
 42        animal shall be engaged in an exhibition of fighting with another animal;
 43        (b)  For amusement or gain causes any animal to fight with another animal,
 44        or causes any animals to injure each other;
 45        (c)  Permits any act in violation of paragraphs (a) or (b) of this subsec-
 46        tion  (1)  to be done on any premises under his charge or control, or pro-
 47        motes or aids or abets any such act;
 48        (d)  Is knowingly present as a spectator at any place  or  building  where
 49        preparations  are being made for an exhibition of the fighting of animals,
 50        with the intent to be present at such preparations, or is knowingly  pres-
 51        ent  at  such exhibition or at any other fighting or injuring as described
                                                                        
                                           3
                                                                        
  1        in paragraph (b) of this subsection (1), with the intent to be present  at
  2        such exhibition, fighting or injuring.
  3        (2)  Nothing in this section prohibits:
  4        (a)  Demonstrations of the hunting, herding, working or tracking skills of
  5        dogs; or
  6        (b)  The  lawful  use  of  dogs for hunting, herding, working, tracking or
  7        self-protection and property protection.
                                                                        
  8        SECTION 5.  That Section 25-3510, Idaho Code, be, and the same  is  hereby
  9    amended to read as follows:
                                                                        
 10        25-3510.  IMPOUNDING  WITHOUT  FOOD OR WATER. (1) Any person who impounds,
 11    or causes to be impounded in any pound, any animal, must supply the same  dur-
 12    ing  such  confinement  with a sufficient quantity of wholesome food and clean
 13    water, and in default thereof, is guilty of a misdemeanor and shall, upon con-
 14    viction, be punished in accordance with section 25-3520A, Idaho Code.
 15        (2)  If any domestic animal is impounded  or  confined  without  necessary
 16    food  and  water  for a period of twenty-four (24) hours or longer, any person
 17    may, from time to time as is necessary, enter into and open any pound or place
 18    of confinement in which any domestic animal is confined and supply the  animal
 19    with necessary food and water so long as it is confined. Such person shall not
 20    be liable to action for the entry, and may collect from the animal's owner the
 21    reasonable cost of the food and water.
 22        (3)  If  any  domestic  animal  is impounded or confined without necessary
 23    food and water for a period of twenty-four (24) hours or longer, a peace offi-
 24    cer or officer of any incorporated association qualified as  provided  by  law
 25    may remove the animal to protective custody.
                                                                        
 26        SECTION  6.  That Section 25-3520A, Idaho Code, be, and the same is hereby
 27    amended to read as follows:
                                                                        
 28        25-3520A.  PENALTY FOR VIOLATIONS. (1) Except  as  otherwise  provided  in
 29    sections  25-3503  and  25-3504,  Idaho Code, any person convicted for a first
 30    violation of any of the provisions of this chapter shall be punished, for each
 31    offense, by a jail sentence of not more than six (6) months or by  a  fine  of
 32    not  less  than  one hundred dollars ($100) or more than five thousand dollars
 33    ($5,000), or by both such fine and imprisonment.
 34        (2)  Except as otherwise provided in sections 25-3503 and  25-3504,  Idaho
 35    Code,  any  person convicted of a second violation of any of the provisions of
 36    this chapter within ten (10) years of the first conviction, shall be  punished
 37    for  each  offense,  by  a jail sentence of not more than nine (9) months or a
 38    fine of not less than two hundred dollars ($200) or more than  seven  thousand
 39    dollars ($7,000) or both fine and imprisonment.
 40        (3)  Except  as  otherwise provided in sections 25-3503 and 25-3504, Idaho
 41    Code, any person convicted of a third or subsequent violation, within  fifteen
 42    (15)  years  of  the first conviction, shall be punished for each offense by a
 43    jail sentence of not more than twelve (12) months or a fine of not  less  than
 44    five  hundred dollars ($500) or more than nine thousand dollars ($9,000) or by
 45    both fine and imprisonment.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                            RS 14677C2

The proposed legislation relates to animals; amending Section 25-3503,
Idaho Code, to set forth provisions applicable to the sale and use of
strychnine, to provide descriptive language and to make a technical
correction; amending Section 25-3504, Idaho Code, to set forth
prohibited conduct related to animals and to provide for punishment;
repealing Sections 25-3506 and 25-3507, Idaho Code, relating to the
exhibitions of cockfights and dogfights; amending Chapter 35, Title
25, Idaho Code, by the addition of a new Section 25-3506, Idaho Code,
to prohibit animal fighting, to provide for punishment and to set
forth exemptions; amending Section 25-3510, Idaho Code, to permit
persons to provide necessary food and water to domestic animals under
certain circumstances, to provide for non-liability and the collection
of reasonable costs and to provide for the removal of animals into
protective custody under certain circumstances; amending Section 
25-3511, Idaho Code, to provide a time frame applicable to cases in
which an animal is permitted to go without care; and amending Section
25-3520A, Idaho Code, to provide code references.


                           FISCAL NOTE

There will be no fiscal impact on the General Fund.
      

                        
Contact
Name:  Representative Tom Trail 
Phone: 332-1000
       Dr. Becky Phillips, DVM
       509-335-7449


STATEMENT OF PURPOSE/FISCAL NOTE                        H 167