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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
]]]] 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 wilfullywillfully 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 a8 misdemeanor andshall, upon conviction, be punished in accordance with section9 25-3520A, Idaho Codeas 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 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