10 LC 38
1038ER
House
Bill 1153
By:
Representative Levitas of the
82nd
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 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' means the intentional withholding of food and water required by an
animal to prevent starvation or
dehydration.
'Humane care'
means, but shall not be limited to, making accessible adequate food and
drinkable water; 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)
'Improperly confining an animal in a motor vehicle' means storing or confining
an animal in a motor vehicle unattended, under conditions that endanger the
health or well-being of an animal due to heat, cold, lack of adequate
ventilation, or lack of food or water, or in any manner that could reasonably be
expected to cause suffering, disability, or death to 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.
(1)
Failing to provide humane care; or
(2)
Improperly confining an animal in a motor
vehicle.
(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 shall be punished by imprisonment not to exceed 12 months, a fine not
to exceed $5,000.00, or both; and
(2)
Any
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
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 conviction is
obtained 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
(1)
Intentionally fails to provide humane care resulting in the death of an animal;
or
(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.
(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 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 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.
(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
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.
All
laws and parts of laws in conflict with this Act are repealed.