SB396

12-Mar-99 Read first time. Referred to Committee on Judiciary. To printer.

Referred to Committee on Judiciary

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 206.150 is hereby amended to read as follows:

1-2 206.150 1. Except as otherwise provided in [subsection 2,]

1-3 subsections 2 and 3, any person who willfully and maliciously kills, maims

1-4 or disfigures any animal belonging to another, or exposes any poison or

1-5 noxious substance with intent that it should be taken by the animal is guilty

1-6 of a public offense proportionate to the value of the loss resulting therefrom

1-7 but in no event less than a gross misdemeanor.

1-8 2. Except as otherwise provided in NRS 205.220, a person who

1-9 willfully and maliciously kills an estray or one or more head of livestock,

1-10 without the authority to do so, is guilty of a category C felony and shall

1-11 be punished as provided in NRS 193.130.

1-12 3. The provisions of subsection 1 do not apply to any person who kills

1-13 a dog pursuant to NRS 575.020.

1-14 4. As used in this section:

1-15 (a) "Estray" means any livestock running at large upon public or

1-16 private lands in this state, whose owner is unknown in the section where

1-17 the animal is found.

1-18 (b) "Livestock" has the meaning ascribed to it in NRS 205.219.

2-1 Sec. 2. NRS 426.097 is hereby amended to read as follows:

2-2 426.097 "Service animal" means an animal which has been or is being

2-3 trained to provide a specialized service to a handicapped person [.] by a

2-4 school that is approved by the division to train such an animal.

2-5 Sec. 3. NRS 426.790 is hereby amended to read as follows:

2-6 426.790 1. It is unlawful for any person to beat, harass, intimidate or

2-7 interfere with a guide dog, hearing dog, helping dog or other service

2-8 animal.

2-9 2. Any person who violates subsection 1 [shall be punished by

2-10 imprisonment in the county jail for not more than 6 months, or by a fine of

2-11 not less than $100 nor more than $500, or by both fine and imprisonment.]

2-12 is guilty of a category E felony and shall be punished as provided in NRS

2-13 193.130.

2-14 Sec. 4. NRS 504.490 is hereby amended to read as follows:

2-15 504.490 1. Any person, not authorized to do so, who:

2-16 [1.] (a) Removes or attempts to remove a wild horse from the public

2-17 lands;

2-18 [2.] (b) Converts a wild horse to private use;

2-19 [3.] (c) Harasses a wild horse , except as otherwise provided in

2-20 subsection 2, or kills a wild horse;

2-21 [4.] (d) Uses an aircraft or a motor vehicle to hunt any wild horse;

2-22 [5.] (e) Pollutes or causes the pollution of a watering hole on public

2-23 land to trap, wound, kill or maim a wild horse;

2-24 [6.] (f) Makes or causes the remains of a wild horse to be made into any

2-25 commercial product;

2-26 [7.] (g) Sells a wild horse which strays onto private property; or

2-27 [8.] (h) Willfully violates a regulation adopted by the commission for

2-28 the preservation of wild horses,

2-29 is guilty of a gross misdemeanor.

2-30 2. A person who willfully and maliciously kills a wild horse is guilty

2-31 of a category C felony and shall be punished as provided in NRS

2-32 193.130.

2-33 Sec. 5. Chapter 574 of NRS is hereby amended by adding thereto a

2-34 new section to read as follows:

2-35 1. Except as otherwise provided in subsection 5, it is unlawful for a

2-36 person to:

2-37 (a) Willfully or maliciously taunt, torment, tease, beat, strike or

2-38 administer a desensitizing drug, chemical or substance to a police

2-39 animal;

2-40 (b) Interfere with a police animal or a handler thereof in the

2-41 performance of duties assigned to the police animal or handler; or

2-42 (c) Willfully or maliciously torture, mutilate, injure, disable, kill or

2-43 poison a police animal.

3-1 2. A person who is convicted of violating paragraph (a) or (b) of

3-2 subsection 1 is guilty of a misdemeanor.

3-3 3. A person who is convicted of violating paragraph (c) of subsection

3-4 1 is guilty of:

3-5 (a) A gross misdemeanor; or

3-6 (b) A category D felony if the police animal is totally disabled or killed

3-7 and shall be punished as provided in NRS 193.130.

3-8 4. In addition to imposing punishment for a violation of this section,

3-9 if the police animal is totally disabled or killed, a court may require a

3-10 person to pay restitution to the agency that owns the animal, including,

3-11 without limitation, payment for veterinary services and the cost of

3-12 replacing the animal.

3-13 5. The provisions of subsections 1 to 4, inclusive, do not apply to a

3-14 peace officer or veterinarian or euthanasia technician licensed pursuant

3-15 to chapter 638 of NRS who euthanizes a police animal in an emergency

3-16 if the animal is critically wounded and would otherwise endure undue

3-17 suffering and pain.

3-18 Sec. 6. NRS 574.050 is hereby amended to read as follows:

3-19 574.050 As used in NRS 574.050 to 574.200, inclusive [:] , and

3-20 section 5 of this act:

3-21 1. "Animal" does not include the human race, but includes every other

3-22 living creature.

3-23 2. "Police animal" means an animal which is owned by a state or

3-24 local governmental agency and which is used by a peace officer in

3-25 performing his duties as a peace officer.

3-26 3. "Torture" or "cruelty" includes every act, omission or neglect,

3-27 whereby unjustifiable physical pain, suffering or death is caused or

3-28 permitted.

3-29 Sec. 7. NRS 574.055 is hereby amended to read as follows:

3-30 574.055 1. Any peace officer or officer of a society for the

3-31 prevention of cruelty to animals who is authorized to make arrests pursuant

3-32 to NRS 574.040 shall, upon discovering any animal which is being treated

3-33 cruelly, take possession of it and provide it with shelter and care or, upon

3-34 obtaining written permission from the owner of the animal, may destroy it

3-35 in a humane manner.

3-36 2. When an officer takes possession of an animal, he shall give to the

3-37 owner, if the owner can be found, a notice containing a written statement of

3-38 the reasons for the taking, the location where the animal will be cared for

3-39 and sheltered, and the fact that there is a limited lien on the animal for the

3-40 cost of shelter and care. If the owner is not present at the taking and the

4-1 officer cannot find the owner after a reasonable search, he shall post the

4-2 notice on the property from which he takes the animal. If the identity and

4-3 address of the owner are later determined, the notice must be mailed to the

4-4 owner immediately after the determination is made.

4-5 3. An officer who takes possession of an animal pursuant to this section

4-6 has a lien on the animal for the reasonable cost of care and shelter furnished

4-7 to the animal and, if applicable, for its humane destruction. The lien does

4-8 not extend to the cost of care and shelter for more than 2 weeks.

4-9 4. Upon proof that the owner has been notified in accordance with

4-10 subsection 2 or, if he has not been found or identified, that the required

4-11 notice has been posted on the property where the animal was found, a court

4-12 of competent jurisdiction may, after providing an opportunity for a hearing,

4-13 order the animal sold at auction, humanely destroyed or continued in the

4-14 care of the officer for such disposition as the officer sees fit.

4-15 5. An officer who seizes an animal pursuant to this section is not liable

4-16 for any action arising out of the taking or humane destruction of the animal.

4-17 6. This section does not apply to any animal which is located on land

4-18 being employed for an agricultural use as defined in NRS 361A.030 unless

4-19 the owner of the animal or the person charged with the care of the animal is

4-20 in violation of paragraph (b) of subsection [2] 1 of NRS 574.100 and the

4-21 impoundment is accomplished with the concurrence and supervision of the

4-22 sheriff or his designee, a licensed veterinarian and the district brand

4-23 inspector or his designee. In such a case, the sheriff shall direct that the

4-24 impoundment occur no later than 48 hours after the veterinarian determines

4-25 that a violation of paragraph (b) of subsection [2] 1 of NRS 574.100

4-26 exists.

4-27 7. The owner of an animal impounded in accordance with subsection 6

4-28 must, before the animal is released to his custody, pay the charges approved

4-29 by the sheriff as reasonably related to the impoundment, including the

4-30 charges for the animal’s food and water. If the owner is unable or refuses to

4-31 pay the charges, the division of agriculture of the department of business

4-32 and industry shall sell the animal. The division shall pay to the owner the

4-33 proceeds of the sale remaining after deducting the charges reasonably

4-34 related to the impoundment.

4-35 Sec. 8. NRS 574.100 is hereby amended to read as follows:

4-36 574.100 1. Except in any case involving a willful or malicious act for

4-37 which a greater penalty is provided by NRS 206.150, [a person who:

4-38 1. Overdrives, overloads, tortures or cruelly beats or unjustifiably

4-39 injures, maims, mutilates or kills any] it is unlawful for a person to:

4-40 (a) Overdrive, overload, torture, cruelly beat, unjustifiably injure,

4-41 maim, mutilate or kill an animal, whether belonging to himself or to

4-42 another;

5-1 [2. Deprives any]

5-2 (b) Deprive an animal of necessary sustenance, food or drink, or

5-3 [neglects or refuses] neglect or refuse to furnish it such sustenance or

5-4 drink;

5-5 [3. Causes, procures or permits any]

5-6 (c) Cause, procure or allow an animal to be overdriven, overloaded,

5-7 tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or

5-8 killed, or to be deprived of necessary food or drink;

5-9 [4. Willfully sets on foot, instigates, engages]

5-10 (d) Set foot, instigate, engage in, or in any way [furthers] further an act

5-11 of cruelty to any animal, or any act tending to produce such cruelty; or

5-12 [5. Abandons]

5-13 (e) Abandon an animal in circumstances other than those prohibited in

5-14 NRS 574.110 . [,

5-15 is guilty of a misdemeanor.]

5-16 2. A person convicted of violating the provisions of subsection 1:

5-17 (a) For the first offense within the immediately preceding 7 years, is

5-18 guilty of a misdemeanor and shall be sentenced to:

5-19 (1) Imprisonment in the city or county jail or detention facility for

5-20 not less than 2 days, but not more than 6 months; and

5-21 (2) Perform not less than 48 hours, but not more than 120 hours, of

5-22 community service.

5-23 The person shall be further punished by a fine of not less than $200, but

5-24 not more than $1,000. A term of imprisonment imposed pursuant to this

5-25 paragraph may be served intermittently at the discretion of the judge or

5-26 justice of the peace, except that each period of confinement must be not

5-27 less than 4 consecutive hours and must occur either at a time when the

5-28 person is not required to be at his place of employment or on a weekend.

5-29 (b) For the second offense within the immediately preceding 7 years,

5-30 is guilty of a misdemeanor and shall be sentenced to:

5-31 (1) Imprisonment in the city or county jail or detention facility for

5-32 not less than 10 days, but not more than 6 months; and

5-33 (2) Perform not less than 100 hours, but not more than 200 hours,

5-34 of community service.

5-35 The person shall be further punished by a fine of not less than $500, but

5-36 not more than $1,000.

5-37 (c) For the third and any subsequent offense within the immediately

5-38 preceding 7 years, is guilty of a category C felony and shall be punished

5-39 as provided in NRS 193.130.

6-1 3. In addition to any other fine or penalty provided in subsection 2, a

6-2 court shall order a person convicted of violating subsection 1 to pay

6-3 restitution for all costs associated with the care and impoundment of any

6-4 mistreated animal under subsection 1, including, without limitation,

6-5 money expended for veterinary treatment, feed and housing.

6-6 4. The court may order the person convicted of violating subsection 1

6-7 to surrender ownership or possession of the mistreated animal.

6-8 Sec. 9. NRS 651.075 is hereby amended to read as follows:

6-9 651.075 1. It is unlawful for a place of public accommodation to:

6-10 (a) Refuse admittance or service to a person with a visual, aural or

6-11 physical disability because he is accompanied by a guide dog, hearing dog,

6-12 helping dog or other service animal;

6-13 (b) Refuse admittance or service to a person training such an animal;

6-14 (c) Refuse to permit an employee of the place of public accommodation

6-15 who is training such an animal to bring the animal into:

6-16 (1) The place of public accommodation; or

6-17 (2) Any area within the place of public accommodation to which

6-18 employees of the place have access, regardless of whether the area is open

6-19 to the public; or

6-20 (d) Charge an additional fee for such an animal.

6-21 2. A place of accommodation may require proof that an animal is a

6-22 guide dog, hearing dog, helping dog or other service animal, or that a

6-23 person is training such an animal. This requirement may be satisfied, by

6-24 way of example and not of limitation, by exhibition of the identification

6-25 card normally presented to a trainer of such an animal or to a person with a

6-26 visual, aural or physical disability upon his graduation from a school for

6-27 guide dogs, school for hearing dogs , [or] school for helping dogs [.] or

6-28 other school that is approved by the rehabilitation division of the

6-29 department of employment, training and rehabilitation to train a service

6-30 animal to provide a specialized service to a handicapped person.

6-31 3. A guide dog, hearing dog, helping dog or other service animal may

6-32 not be presumed dangerous by reason of the fact it is not muzzled.

6-33 4. This section does not relieve a person with a disability or a person

6-34 who trains such an animal from liability for damage caused by his guide

6-35 dog, hearing dog, helping dog or other service animal.

6-36 5. Persons with disabilities who are accompanied by guide dogs,

6-37 hearing dogs, helping dogs or other service animals are subject to the same

6-38 conditions and limitations that apply to persons who are not so disabled and

6-39 accompanied.

7-1 6. For the purposes of this section, the terms "guide dog," "hearing

7-2 dog," "helping dog" and "service animal" have the meanings ascribed to

7-3 them respectively in NRS 426.075, 426.081, 426.083 and 426.097.

7-4 Sec. 10. The amendatory provisions of this act do not apply to

7-5 offenses that were committed before October 1, 1999.