10 LC
14 0225
House
Bill 1146
By:
Representatives Levitas of the
82nd,
Ramsey of the
72nd,
Powell of the
171st,
Willard of the
49th,
Wilkinson of the
52nd,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia
Annotated, relating to criminal offenses against public health and morals in
general, so as to extensively revise provisions relating to criminal offenses
involving cruelty to animals; to define terms; to revise the elements and
definitions of offenses; to change provisions relating to criminal punishment;
to provide for other related matters; to provide for an effective date and
applicability; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating
to criminal offenses against public health and morals in general, is amended by
revising Code Section 16-12-4, relating to the crime of cruelty to animals, as
follows:
"16-12-4.
(a)
As used in this Code section, the term:
(1)
'Animal' shall not include any fish nor shall such term include any pest that
might be exterminated or removed from a business, residence, or other
structure.
(2)
'Conviction' shall include pleas of guilty or nolo contendere or probation as a
first offender pursuant to Article 3 of Chapter 8 of Title 42 and any
conviction, plea of guilty or nolo contendere, or probation as a first offender
for an offense under the laws of the United States or any of the several states
that would constitute a violation of this Code section if committed in this
state.
(3)
'Willful neglect' means the intentional withholding of food and water required
by an animal to prevent starvation or dehydration.
(3)
'Humane care' means, but is not limited to, making accessible adequate food and
drinkable water and providing: sanitary shelter; ventilation and sufficient
shade; adequate housing which offers protection from the weather and harsh
temperatures that pose a substantial risk of endangering the health or
well-being of the animal; and routine and emergency veterinary care when
necessary.
(4)
'Proper confinement in a motor vehicle' means an owner or person shall not leave
or confine an animal in any unattended motor vehicle under conditions that
endanger the health or well-being of the animal due to heat, cold, lack of
adequate ventilation, or lack of food or water and that could reasonably be
objectively expected to cause suffering by the animal or disability or death of
the animal.
(b)
A person commits the offense of cruelty to animals when he or she causes death
or unjustifiable physical pain or suffering to any animal by
an act, an
omission, or willful neglect. Any person convicted of a violation of this
subsection shall be guilty of a misdemeanor; provided, however,
that:
(1)
Failing to provide humane care; or
(2)
Failing to provide proper confinement in a motor vehicle.
(1)(c)
Any person who is convicted of a second or subsequent violation of
this
subsection (b)
of this Code section shall be
punished by
imprisonment not to exceed 12 months, a fine not to exceed $5,000.00, or both;
and (2) Any
guilty of a
misdemeanor; provided, however, that any
person who is convicted of a second or subsequent violation of
this
subsection (b)
of this Code section within five years, as measured from the dates of previous
arrests for which convictions were obtained to the date of the current arrest
for which a conviction is obtained,
which
results in the death of an animal shall be
guilty of a misdemeanor of a high and aggravated nature and shall be punished by
imprisonment for not less than
three
months
ten
days nor more than 12 months, a fine not
to exceed $10,000.00, or both, which punishment shall not be suspended,
probated, or withheld.
(c)(d)
A person commits the offense of aggravated cruelty to animals when he or she
knowingly
and
maliciously:
(1)
Intentionally fails to provide humane care thereby causing the death of an
animal;
(2)
Intentionally causes death or physical
harm to an animal by rendering a part of such animal's body useless or by
seriously disfiguring such
animal;
or
(3)
Tortures an animal by infliction of or subjection to severe physical pain with
the intent to cause prolonged suffering or pain.
(e)
A person convicted of the offense of aggravated cruelty to animals shall be
punished by imprisonment for not less than one nor more than five years, a fine
not to exceed
$15,000.00
$20,000.00,
or both, provided that any person who is convicted of a second or subsequent
violation of
this
subsection (d)
of this Code section within five years, as measured from the dates of previous
arrests for which convictions were obtained to the date of the current arrest
for which a conviction is obtained, shall
be punished by imprisonment for not less than one nor more than
five
ten
years, a fine not to exceed the amount provided by Code Section 17-10-8, or
both.
(d)(f)
Before sentencing a defendant for any conviction under this Code section, the
sentencing judge may require psychological evaluation of the offender and shall
consider in
this regard the entire criminal record of
the offender.
(e)(g)
The provisions of this Code section shall
not
neither
be construed as prohibiting conduct which is otherwise permitted under the laws
of this state or of the United States, including, but not limited to,
agricultural, animal husbandry, butchering, food processing, marketing,
scientific, research, medical, zoological, exhibition, competitive, hunting,
trapping, fishing, wildlife management, or pest control
practices,
or the authorized practice of veterinary medicine nor
to
limit
as
limiting in any way the authority or duty
of the Department of Agriculture, Department of Natural Resources, any county
board of health, any law enforcement officer, dog, animal, or rabies control
officer, humane society, veterinarian, or private landowner protecting his or
her property.
(f)(h)(1)
Nothing in this Code section shall be construed as prohibiting a person
from:
(A)
Defending his or her person or property, or the person or property of another,
from injury or damage being caused by an animal
reasonably
believed to constitute an imminent threat;
or
(B)
Injuring or killing an animal reasonably believed to constitute
a
an
imminent threat
for
of
injury to
persons or damage to any property,
livestock, or poultry.
(2)
The method used to injure or kill such animal
pursuant to
this subsection shall be designed to be as
humane as is possible under the circumstances. A person who humanely injures or
kills an animal under the circumstances indicated in this subsection shall incur
no civil or criminal liability for such injury or death."
SECTION
2.
This
Act shall become effective on July 1, 2010, and shall apply with respect to
offenses committed on or after that date. Offenses committed prior to that date
shall continue to be governed by prior law.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.