CSHB 275(FIN): "An Act relating to animals, and to the care of and to cruelty to animals."
00 CS FOR HOUSE BILL NO. 275(FIN) 01 "An Act relating to animals, and to the care of and to cruelty to animals." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 03.55 is amended by adding new sections to read: 04 Article 1A. Care of Animals. 05 Sec. 03.55.100. Minimum standards of care for animals. (a) The minimum 06 standards of care for animals include 07 (1) food and water sufficient to maintain each animal in good health; if 08 potable water is not provided to an animal at all times, it must be provided in sufficient 09 quantity to maintain the good health of the animal; 10 (2) shelter provided an animal indoors that is maintained at a 11 temperature compatible with the good health of the animal; shelter provided an animal 12 outdoors must 13 (A) provide sufficient shade to protect the animal from sunlight 14 likely to cause heat exhaustion of the animal; 15 (B) protect the animal from inclement weather to an extent
01 sufficient to maintain the animal in good health; and 02 (C) be structurally sound and maintained in good repair to 03 protect the animal from injury and to contain the animal; 04 (3) sanitation of indoor or outdoor enclosures or shelters that includes 05 periodic removal of animal waste material, dirt, and trash sufficient to maintain the 06 animal in good health; 07 (4) medical care must be provided an animal at times and to the extent 08 necessary to maintain the animal in good health; 09 (5) other standards for the health and safety of animals as set by 10 regulation. 11 (b) Determinations as to the sufficiency of food, water, shelter, space, 12 sanitation, ventilation, rest, medical care, or good health; the extent of injury or 13 disease; and whether methods of destruction or euthanization are humane, as used in 14 this chapter, shall be based on the professional opinion of a veterinarian licensed 15 under AS 08.98. 16 (c) The department may adopt regulations to implement this section. 17 Sec. 03.55.110. Investigation of cruelty to animals complaints. (a) A 18 person who believes that cruelty to animals has taken place or is taking place may file 19 a complaint with a public or private animal control agency, humane animal treatment 20 shelter or organization, the department, or with a peace officer. An agency or 21 organization that receives a complaint on which it wishes to take action shall refer the 22 complaint to a peace officer. 23 (b) A peace officer who receives a complaint of animal cruelty may apply for 24 a search warrant under AS 12.35 to the judicial officer in the district in which the 25 alleged violation has taken place or is taking place. If the court finds that probable 26 cause exists, the court shall issue a search warrant directing a peace officer to proceed 27 immediately to the location of the alleged violation, search the place designated in the 28 warrant, and, if warranted, take into custody the property, including animals, specified 29 in the warrant. The warrant shall be executed by the peace officer and returned to the 30 court. 31 Sec. 03.55.120. Seizure of animals. (a) A peace officer who seizes and
01 removes an animal may deliver the animal to a veterinarian licensed under AS 08.98 02 or to a person, a public or private animal control agency, humane animal treatment 03 shelter or organization, or other custodial agency to be sheltered, cared for, and 04 provided medical attention. 05 (b) The peace officer shall immediately notify the animal's owner in writing of 06 the seizure and removal of the animal and the owner's right to petition the court under 07 AS 03.55.130. Notification may be posted at the owner's residence or may be mailed 08 to the owner. 09 (c) If the animal's owner is unknown and cannot be ascertained with 10 reasonable effort, the animal shall be considered a stray or abandoned. 11 (d) The state, a municipality, a person, or another entity that supplies shelter, 12 care, veterinary attention or medical treatment for an animal seized under this section 13 shall make a reasonable effort to locate the owner. 14 Sec. 03.55.130. Destruction and adoption of animals. (a) If a determination 15 is made by a veterinarian licensed under AS 08.98 or by a peace officer alone or in 16 consultation with a veterinarian licensed under AS 08.98 that an animal seized under 17 AS 03.55.100 - 03.55.190 is injured or diseased to such an extent that, in the opinion 18 of the veterinarian, it is probable the animal cannot recover, the veterinarian or the 19 peace officer alone or at the direction of the veterinarian, may humanely destroy the 20 animal or arrange for the animal's humane destruction. 21 (b) Upon diagnosis and recommendation of a veterinarian licensed under 22 AS 08.98, a public or private animal control agency, humane animal treatment shelter 23 or organization, or other custodial agency may euthanize a severely injured, diseased, 24 or suffering animal at any time. 25 (c) An owner of an animal destroyed under this section may not recover 26 damages for the destruction of the animal unless the owner shows that the destruction 27 was not reasonable under the facts as known to the veterinarian or the peace officer. 28 (d) Except as provided in (a) or (b) of this section, the person or entity having 29 custody of an animal may not adopt, provide for the adoption of, or euthanize the 30 animal within 10 business days after the animal is taken into custody. An owner may 31 prevent the animal's adoption or destruction by
01 (1) petitioning the court of the judicial district in which the animal was 02 seized for the animal's immediate return, subject, if appropriate, to court-imposed 03 conditions; or 04 (2) posting a bond or security with the court of the judicial district in 05 which the animal was seized in an amount determined by the court to be sufficient to 06 provide for the animal's care for a minimum of 30 days from the date the animal was 07 seized. 08 (e) If the custodial agency still has custody of the animal when the bond or 09 security posted under (d)(2) of this section expires, the animal becomes the agency's 10 property unless the court orders an alternative disposition. If a court order prevents 11 the agency from assuming ownership and the agency continues to care for the animal, 12 the court shall require the owner of the animal to renew the bond or security for the 13 agency's continuing costs for the animal's care. 14 (f) The state may not be required to reimburse a person, a public or private 15 animal control agency, humane animal treatment shelter or organization, or other 16 custodial agency that voluntarily assists with a seizure or receives custody of an 17 animal seized under this section, for costs of shelter, care, veterinary assistance, or 18 medical treatment rendered to the animal. 19 Sec. 03.55.190. Definitions. In AS 03.55.100 - 03.55.190, 20 (1) "animal" has the meaning given in AS 11.81.900; 21 (2) "department" means the Department of Environmental 22 Conservation. 23 * Sec. 2. AS 11.61.140 is repealed and reenacted to read: 24 Sec. 11.61.140. Cruelty to animals in the first degree. (a) A person 25 commits cruelty to animals in the first degree if the person 26 (1) knowingly inflicts severe and prolonged physical pain or suffering 27 on an animal; 28 (2) kills or injures an animal by the use of a decompression chamber; 29 (3) kills a dog or cat for the purpose of preparing or serving the animal 30 for human consumption except for the emergency survival of a human being; 31 (4) intentionally kills or injures a pet or livestock by the use of poison;
01 (5) with criminal negligence, fails to care for an animal and, as a result, 02 causes the death of the animal or causes severe physical pain or prolonged suffering to 03 the animal; 04 (6) violates AS 11.61.142(a)(1), but the violation is committed against 05 more than one animal; or 06 (7) violates AS 11.61.142 and the person has been previously 07 convicted of a crime under this section, AS 11.61.142, or a law or ordinance of 08 another jurisdiction with elements similar to a crime under this section or 09 AS 11.61.142. 10 (b) Each animal that is subject to cruelty to animals under (a)(1) - (5) and (7) 11 of this section shall constitute a separate offense. 12 (c) It is a defense to a prosecution under this section that the conduct of the 13 defendant 14 (1) was part of scientific research governed by accepted standards; 15 (2) constituted the humane destruction of an animal; 16 (3) conformed to accepted veterinary or animal husbandry practices; 17 (4) was necessarily incidental to lawful fishing, hunting or trapping 18 activities; 19 (5) conformed to professionally accepted training and discipline 20 standards. 21 (d) In (a)(5) of this section, failure to provide the minimum standards of care 22 for an animal under AS 03.55.100 is prime facie evidence of failure to care for an 23 animal. 24 (e) This section does not apply to generally accepted dog mushing or pulling 25 contests or practices. 26 (f) Cruelty to animals in the first degree is a class A misdemeanor. The court 27 may also 28 (1) require forfeiture of any animal affected to the state, or to a 29 municipality, person, or other entity that supplies shelter, care, or medical treatment 30 for the animal; 31 (2) require the defendant to reimburse the state, or a municipality,
01 person, or other entity for all reasonable costs incurred in providing necessary care, 02 shelter, veterinary attention or medical treatment for any animal affected; 03 (3) prohibit or limit the defendant's ownership, possession, or custody 04 of animals for up to 10 years. 05 * Sec. 3. AS 11.61 is amended by adding a new section to read: 06 Sec. 11.61.142. Cruelty to animals in the second degree. (a) A person 07 commits the crime of cruelty to animals in the second degree if the person 08 (1) recklessly abandons a pet or livestock on a highway, railroad, or in 09 another place where it may suffer injury, hunger, or exposure, or become a public 10 charge; 11 (2) while operating a propelled vehicle, knowingly strikes and injures a 12 pet or livestock and fails to 13 (A) stop as close as possible to the scene of the accident; and 14 (B) notify 15 (i) the owner of the animal if the owner of the animal 16 can be reasonably discovered; and 17 (ii) the appropriate law enforcement agency; 18 (3) sets a steel jaw, leg-hold, snare, spring, or similar trap that has the 19 capacity to injure or kill an animal; 20 (4) while operating a pickup truck or other open motor vehicle, fails to 21 secure an animal riding in the open area of the vehicle. 22 (b) It is a defense to a prosecution under (a)(3) of this section that the conduct 23 of the defendant in setting the trap was 24 (1) for a commercially reasonable purpose; 25 (2) necessarily incidental to lawful sport or subsistence hunting or 26 trapping activities; or 27 (3) to control vermin; in this paragraph, "vermin" means any of various 28 small animals that are pests for which a trapping license is not required to trap. 29 (c) Proof that an animal has been left unattended or without food or water for 30 72 hours or more is prima facie evidence that the animal has been abandoned under 31 (a)(1) of this section.
01 (d) In this section, each animal that is subject to cruelty to animals, constitutes 02 a separate offense. 03 (e) Cruelty to animals in the second degree is a class B misdemeanor. The 04 court may also 05 (1) require forfeiture of any animal affected to the state, or to a 06 municipality, person, or other entity that supplies shelter, care, or medical treatment 07 for the animal; 08 (2) require the defendant to reimburse the state, or a municipality, 09 person, or other entity for all reasonable costs incurred in providing necessary care, 10 shelter, veterinary attention or medical treatment for any animal affected; 11 (3) prohibit or limit the defendant's ownership, possession, or custody 12 of animals for up to 10 years. 13 * Sec. 4. AS 12.55.155(c) is amended by adding new paragraphs to read: 14 (31) the defendant's conduct during the commission of the offense 15 manifested deliberate cruelty to an animal or exposed an animal to the threat of serious 16 physical injury; in this paragraph, "animal" has the meaning given in AS 11.81.900; 17 (32) the defendant is convicted of an offense specified in AS 11.46.360 18 or 11.46.365 and an animal was present in the propelled vehicle at the time of the 19 offense; in this paragraph, "animal" has the meaning given in AS 11.81.900. 20 * Sec. 5. AS 11.81.900(b) is amended by adding new paragraphs to read: 21 (63) "animal" means a vertebrate living creature not a human being, 22 but does not include fish; 23 (64) "pet" means a domesticated animal kept for companionship or 24 amusement. 25 * Sec. 6. AS 47.17.020(a) is amended to read: 26 (a) The following persons who, in the performance of their occupational 27 duties, or with respect to (8) of this subsection, in the performance of their appointed 28 duties, have reasonable cause to suspect that a child has suffered harm as a result of 29 child abuse or neglect shall immediately report the harm to the nearest office of the 30 department: 31 (1) practitioners of the healing arts;
01 (2) school teachers and school administrative staff members of public 02 and private schools; 03 (3) peace officers and officers of the Department of Corrections; 04 (4) administrative officers of institutions; 05 (5) child care providers; 06 (6) paid employees of domestic violence and sexual assault programs, 07 and crisis intervention and prevention programs as defined in AS 18.66.990; 08 (7) paid employees of an organization that provides counseling or 09 treatment to individuals seeking to control their use of drugs or alcohol; 10 (8) members of a child fatality review team established under 11 AS 12.65.015(e) or 12.65.120 or the multidisciplinary child protection team created 12 under AS 47.14.300; 13 (9) a person who has a duty under state law or municipal 14 ordinance to investigate animal cruelty, abuse, or neglect.