Under existing law, “torture” of or “cruelty” to an animal includes every act, omission or neglect, whereby unjustifiable physical pain, suffering or death is caused or permitted. (NRS 574.050) Section 2 of this bill revises the definition of “torture” of or “cruelty” to animals to include every act, omission or neglect whereby unjustifiable physical pain, suffering or death is caused, allowed or permitted. Section 1 of this bill provides that, for the purposes of determining whether a person committed an act of torture or cruelty to an animal by allowing or permitting the act to occur, the person: (1) allows the torture of or cruelty to occur if the person does nothing to prevent or stop the torture or cruelty; and (2) permits the torture or cruelty to occur if the person unreasonably approves, grants approval or allows an act, omission or neglect to occur and which act, omission, or neglect constitutes the torture of or cruelty to the animal. Existing law requires certain officers to: (1) take possession of an animal which is being treated cruelly; and (2) give to the owner a notice containing certain information. Upon proof that proper notice has been given, existing law authorizes a court of competent jurisdiction to order the animal sold at auction, humanely destroyed or continued in the care of the officer. (NRS 574.055) Section 3 of this bill removes the authorization for a court to order the animal sold at auction. Existing law provides that, with certain exceptions, the seizure and disposition of an animal which an officer discovers is being treated cruelly does not apply to any animal which is located on land being employed for an agricultural use. (NRS 574.055) Section 3 removes this exception. Existing law provides that a person who engages in certain acts of torture or cruelty to animals is guilty of a misdemeanor for a first offense, except if the person: (1) willfully and maliciously engages in such an act, the person is guilty of a category D felony; or (2) commits the act to threaten, intimidate or terrorize another person, the person is guilty of a category C felony. (NRS 574.100) Section 4 of this bill provides instead that: (1) a willful and malicious violation is a category B felony if the act causes the death of the animal; (2) committing the act to threaten, intimidate or terrorize another person is a category B felony; and (3) a knowing or reckless violation is a category D violation. Existing law provides that a person who engages in certain acts of torture of or cruelty to a police animal is guilty of: (1) a category D felony if the police animal is not totally disabled or killed; and (2) a category C felony if the police animal is totally disabled or killed. (NRS 574.105) Section 5 of this bill increases these penalties to a category C felony if the police animal is not totally disabled or killed and a category B felony if the police animal is totally disabled or killed. Existing law requires that if a person is lawfully arrested for certain crimes against animals and an animal owned or possessed by the person is impounded by the county, city or other local government in connection with the arrest, the person must be notified of his or her right to request a hearing within 5 days. If the person does not request a hearing, or if the owner of the animal has not been identified within 5 days after the arrest, the county, city or other local government which impounded the animal is required to transfer ownership of the animal to an animal rescue organization, animal shelter or another person who is able to provide adequate care and shelter to the animal. (NRS 574.203) Section 7 of this bill provides instead that, if the arrested and detained person does not request a hearing, or the owner of the animal has not been identified within 5 days after the arrest, the animal must be forfeited to the county, city or other local government which took possession of the animal, who must then transfer ownership of the animal to certain entities which are able to provide adequate care and shelter to the animal.

Statutes affected:
As Introduced: 574.050, 574.055, 574.100, 574.105, 574.200, 574.203
BDR: 574.050, 574.055, 574.100, 574.105, 574.200, 574.203