Present law provides that a person commits the offense of cruelty to animals, a Class A misdemeanor, if the person intentionally or knowingly fails unreasonably to provide necessary food, water, care, or shelter for an animal in the person's custody. This bill changes the elements for commission of the offense when it comes to shelter by instead providing that a person commits the offense of cruelty to animals if the person intentionally or knowingly does the following:
(1) Fails unreasonably to provide necessary shelter for an animal other than a dog in the person's custody; or
(2) Fails unreasonably to provide shelter in a structure that meets the following requirements for a dog in the person's custody:
(A) The structure is waterproof; constructed of steel, aluminum, or other sound and substantial material; is sufficient to protect the dog from inclement weather suitable for the age, breed, and physical condition of the dog; and is ventilated, insulated, and of a size appropriate to allow the dog to maintain normal body temperature;
(B) The structure has dimensions that allow the dog while in the shelter to stand erect, sit, turn around, and lie down in a normal position;
(C) The structure provides a solid surface, resting platform, pad, floormat, or similar device that is large enough for the dog to lie on in a normal manner and can be maintained in a sanitary manner;
(D) The structure prevents pain, suffering, or a significant risk to the dog's health; and
(E) During hot weather, the structure is properly shaded and during cold weather, the structure provides a quantity of bedding material that is sufficient to protect the dog from cold and promote the retention of body heat.
This bill provides that the requirements in (2) above do not apply to the space under buildings, decks, steps, or open crates and carriers designed for temporary housing unless modified to meet the requirements of (2) above, including allowing the dog to retain normal body temperature.
ON APRIL 18, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 195, AS AMENDED.
AMENDMENT #1 makes the following changes to this bill:
(1) Clarifies that a person commits the offense if a person does not provide access to necessary shelter for an animal other than a dog in the person's custody;
(2) Clarifies that an offense for failure to provide access to shelter in a structure only applies if the dog resides primarily outdoors;
(3) Revises the requirements a structure must meet, to require that the structure:
(A) Is constructed of sound and substantial material, is sufficient to protect the dog from inclement weather, and is of a size appropriate to allow the dog to maintain normal body temperature;
(B) Has a roof and is enclosed on all sides with an entrance of adequate size for the dog to enter, and has dimensions that allow the dog, while in the shelter, to stand erect, sit, turn around, and lie down in a normal position;
(C) Provides a solid surface, resting platform, pad, floormat, or similar device that is large enough for the dog to lie on in a normal manner and that can be maintained in a sanitary manner;
(D) From March through October, is properly shaded, and from November through February, when necessary to protect the dog from cold and promote the retention of body heat, the shelter is fitted with a sufficient quantity of bedding material; and
(E) Is of a sufficient size or number to provide shelter to each dog present at the same time; and
(4) Deletes the exceptions for the requirements of a structure for shelter and provides, instead, that providing access to shelter in a structure does not apply when a dog is actively engaged in lawful hunting; police, military, or patrol work; detection work; trials and other lawful competitions; service and assistance work; other working, sporting, and competitive functions; or while actively training for these purposes and functions.

Statutes affected:
Introduced: 39-14-202(a), 39-14-202