This bill amends West Virginia's animal cruelty laws to clarify the court's authority regarding the return of animals following a dismissal of charges. Specifically, it allows a court to order the return of an animal to its owner or custodian under terms deemed necessary for the animal's protection. If returning the animal is not feasible, the court may direct that the animal be placed in appropriate custody, euthanized if necessary for the animal's or public's best interests, or take other suitable actions. Additionally, the bill establishes that individuals convicted of animal cruelty may face prohibitions on animal possession for varying lengths of time, depending on whether the conviction is a misdemeanor or felony.

The bill also introduces new penalties for individuals convicted of animal cruelty offenses. It stipulates that those convicted of a second or subsequent misdemeanor violation will face mandatory jail time and increased fines. Furthermore, it requires psychiatric evaluations for defendants before probation can be granted and allows courts to mandate anger management programs for offenders. The bill enhances the penalties for animal possession prohibitions, extending them from five years to life for misdemeanors and from fifteen years to life for felonies, at the court's discretion.

Statutes affected:
Introduced Version: 61-8-19