10 LC 29
4283S
The
House Committee on Judiciary Non-civil offers the following substitute to
HB 1153:
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 general provisions regarding offenses against public
health and morals, so as to change certain provisions regarding the offense of
cruelty to animals; to provide a definition; to clarify provisions relating to
the elements of the offenses of cruelty to animals and aggravated cruelty to
animals; to provide for related matters; 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 general provisions regarding offenses against public health and morals, is
amended by revising Code Section 16-12-4, relating to 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'
'Neglect'
means the
intentional withholding of
failure to
provide necessary food and water required
by an animal to prevent starvation or dehydration
or necessary
shelter and ventilation to the extent that the health of the animal is
endangered.
(b)
A person commits the offense of cruelty to animals when he or she
causes
death
or:
(1)
Causes death or unjustifiable physical
pain or suffering to any animal by an
act,;
or
(2)
Having care and control of an animal, causes death or unjustifiable physical
pain or suffering to such animal by an
act, an omission, or
willful
neglect.
(c)
Any person convicted of a violation of
this
subsection (b)
of this Code section shall be guilty of a
misdemeanor; provided, however, that:
(1)
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 person who is convicted of a second or subsequent violation of
this
subsection (b)
of this Code section 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 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 causes
commits an act
which:
(1)
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
(2)
Tortures an animal by infliction of or subjection to severe or prolonged
physical 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, or both, provided that any person who is convicted of
a second or subsequent violation of
this
subsection (d)
of this Code section shall be punished by
imprisonment for not less than one nor more than five 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 the entire criminal record of the offender.
(e)(g)
The provisions of this Code section shall not 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 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.
Nor shall this
Code section be construed as prohibiting training techniques or practices not
otherwise specifically prohibited by law.
(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; or
(B)
Injuring or killing an animal reasonably believed to constitute a threat for
injury or damage to any property, livestock, or poultry.
(2)
The method used to injure or kill such animal 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.
All
laws and parts of laws in conflict with this Act are repealed.