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 separates the definition of “torture” of and “cruelty” to animals to provide that: (1) “cruelty” includes every act, omission or neglect, whereby unjustifiable physical pain, suffering or death of an animal is caused or permitted; and (2) “torture” means every act taken to inflict on or prolong pain, suffering or death to an animal. Section 1.6 of this bill authorizes a court to issue a temporary restraining order against a person charged with committing certain unlawful acts of animal cruelty. 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) Sections 1.2 and 3 of this bill reorganize these provisions. Section 1.2 further requires that, in a county whose population is 100,000 or more (currently Clark and Washoe Counties), if an officer takes possession of an animal being treated cruelly and determines that immediate humane euthanasia of the animal may be necessary, a licensed veterinarian must examine the animal and recommend the humane euthanasia of the animal before the humane euthanasia may proceed. Section 14 of this bill makes a conforming change to provide that a pet removed from a motor vehicle under certain circumstances is an animal being treated cruelly for the purposes of taking possession of the animal under section 1.2. Section 3 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 1.4 of this bill provides instead that certain acts related to torture or the unjustifiable maiming, mutilating or killing of certain animals is subject to enhanced penalties as follows: (1) a knowing or reckless violation is a category D felony; (2) a willful and malicious violation is a category C felony; (3) committing the act to threaten, intimidate or terrorize another person is a category B felony, punishable by imprisonment in the state prison for a minimum term of 1 year and a maximum term of 6 years. Additionally, section 1.4 provides that the following willful and malicious violations are subject to enhanced penalties: (1) restraining a dog in certain manners is, with certain exceptions, a gross misdemeanor; (2) abandoning an animal in certain circumstances is a category C felony; and (3) committing certain acts of animal cruelty to an animal which causes the death of the animal is a category B felony, punishable by imprisonment in the state prison for a minimum term of 1 year and a maximum term of 6 years and a fine of not more than $10,000. Sections 10, 12, 13 and 15, respectively, of this bill provide that a person who has received an enhanced sentence for such acts of animal cruelty: (1) may not receive a deferred judgment from the court; (2) is subject to a maximum period of probation or suspension of a sentence of 60 months; (3) is not eligible for the Division of Parole and Probation of the Department of Public Safety to petition a court to recommend the early discharge of the person from probation; and (4) is not eligible to have certain credits deducted from the minimum term or minimum aggregate term imposed by his or her sentence of judgment. Section 4 of this bill provides that it is an affirmative defense to a violation of certain acts of animal cruelty if the person reasonably believes that the person was engaging in the reasonable discipline of the animal. 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 prohibits the owner, possessor or person in charge or custody of a maimed, diseased, disabled or infirm animal from abandoning the animal, leaving the animal to die in certain public places or allowing the animal to lie in certain public places for more than 3 hours after the person receives notice that the animal is left disabled. A violation of this prohibition is a misdemeanor. (NRS 574.110) Section 5.5 of this bill instead prohibits the intentional abandonment or leaving to die of any animal, including a maimed, diseased, disabled or infirm animal, by such a person and makes a violation of this prohibition a gross misdemeanor. Existing law sets forth the applicability of certain provisions relating to cruelty to animals. (NRS 574.200) Section 6 of this bill provides that these provisions do not prohibit the humane euthanasia of an animal by a veterinarian, veterinarian technician or euthanasia technician if such a person determines that humane euthanasia is necessary to end the intractable suffering of an animal. 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 574.055, 574.203) Sections 3 and 7 of this bill require the owner to be notified of his or her right to request a hearing within 5 business days after receiving the notice. Sections 3 and 7 also provide that, if the arrested and detained person does not request a hearing, or the owner of the animal has not been identified within 5 business 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 dispose of the animal as the county, city or other local government sees fit. Section 1.8 of this bill requires a court to order a person convicted of certain unlawful acts of animal cruelty to pay restitution for all costs associated with the care, impoundment and disposition of the animal of which a county, city or other local government takes possession. Existing law provides that the knowing, purposeful or reckless killing or injuring of an animal may be an act that constitutes domestic violence. (NRS 33.018) Existing law authorizes a court, by a temporary order, to enjoin the adverse party named in an application for an order for protection against domestic violence from: (1) physically injuring, threatening to injure or taking possession of any animal that is owned or kept by the applicant for the order or a minor child and any animal that is owned or kept by the adverse party; and (2) physically injuring or threatening to injure any animal that is owned or kept by the adverse party. Existing law further authorizes the court, by extended order, to specify arrangements for the possession and care of any animal owned or kept by the adverse party, applicant or minor child. (NRS 33.030) Section 8 of this bill authorizes the court, by temporary order, to enjoin the adverse party from taking possession of an animal that is owned or kept by the adverse party. Existing law requires, if a child is adjudicated delinquent for an unlawful act that involves cruelty to or torture of an animal, the juvenile court to order the child to participate in counseling or other psychological treatment. (NRS 62E.680) Sections 1.9 and 9 of this bill require the juvenile court to order such a child to also undergo a psychological evaluation. Existing law provides that if a person is convicted for an unlawful act involving animal cruelty, a court may order, as a condition of probation, the person to submit to a psychiatric evaluation and participate in counseling or therapy. (NRS 176A.416) Sections 1.9 and 11 of this bill authorize a court to also order such a person to participate in a rehabilitative or educational program.

Statutes affected:
As Introduced: 574.050, 574.055, 574.100, 574.105, 574.200, 574.203
Reprint 1: 574.050, 574.055, 574.100, 574.105, 574.110, 574.200, 574.203, 33.030, 62E.680, 176.211, 176A.416, 176A.500, 176A.840, 202.487, 209.4465
BDR: 574.050, 574.055, 574.100, 574.105, 574.200, 574.203