Chapter 926 Oregon Laws 2001

AN ACT

SB 230

Relating to crimes involving animals; creating new provisions; amending ORS 133.377, 133.379, 167.310, 167.320, 167.322, 167.330, 167.335, 167.340, 167.345, 167.347, 167.350 and 609.095 and section 58, chapter 666, Oregon Laws 2001 (Enrolled House Bill 3642); and repealing section 41, chapter 666, Oregon Laws 2001 (Enrolled House Bill 3642).

Be It Enacted by the People of the State of Oregon:

SECTION 1. Section 3 of this 2001 Act is added to and made a part of ORS 167.315 to 167.330.

NOTE: Section 2 was deleted by amendment. Subsequent sections were not renumbered.

SECTION 3. (1) In addition to any other penalty imposed by law, a person convicted of violating ORS 167.315, 167.325, 167.330 or 167.340 or of a misdemeanor under ORS 167.320, may not possess a domestic animal for a period of five years following entry of the conviction. An offense under this subsection is an unclassified misdemeanor punishable by a fine not exceeding $1,000 and forfeiture of the animal as provided in ORS 167.350.

(2) In addition to any other penalty imposed by law, a person convicted of violating ORS 167.322 or of a felony under ORS 167.320, may not possess a domestic animal for a period of 15 years following entry of the conviction. An offense under this subsection is an unclassified misdemeanor punishable by a fine not exceeding $5,000 and forfeiture of the animal as provided under ORS 167.350.

SECTION 4. A court having jurisdiction pursuant to ORS 419C.005 over a youth who commits an act that would be a violation of ORS 167.315, 167.320 or 167.322 or section 5b of this 2001 Act if done by an adult may, in addition to any other exercise of wardship over the youth, order that the youth undergo psychiatric, psychological or mental health evaluation. If warranted by the mental condition of the youth, the court may order that the youth undergo appropriate care or treatment.

SECTION 5. If a youth enters into a formal accountability agreement under ORS 419C.230, and a juvenile department counselor has probable cause to believe that the youth may be found to be within the jurisdiction of the juvenile court for an act that would be a violation of ORS 167.315, 167.320 or 167.322 or section 5b of this 2001 Act if done by an adult, the agreement may provide for the youth to undergo psychiatric, psychological or mental health evaluation and, if warranted by the mental condition of the youth, undergo appropriate care or treatment.

SECTION 5a. Section 5b of this 2001 Act is added to and made a part of ORS 167.315 to 167.330.

SECTION 5b. (1) A person commits the crime of sexual assault of an animal if the person touches or contacts, or causes an object or another person to touch or contact, the mouth, anus or sex organs of an animal for the purpose of arousing or gratifying the sexual desire of a person.

(2) Sexual assault of an animal is a Class A misdemeanor.

SECTION 5c. Upon the conviction of a defendant for violation of section 5b of this 2001 Act, the court may order a psychiatric or psychological evaluation of the defendant for inclusion in the presentence report as described in ORS 137.077.

SECTION 6. ORS 167.347 and 167.348 are added to and made a part of ORS 167.310 to 167.350.

SECTION 7. ORS 167.310 is amended to read:

167.310. As used in ORS 167.310 to 167.350:

(1) “Animal” means any nonhuman mammal, bird, reptile, amphibian or fish.

(2) “Domestic animal” means an animal, other than livestock, that is owned or possessed by a person.

[(2)] (3) “Good animal husbandry” includes, but is not limited to, the dehorning of cattle, the docking of horses, sheep or swine, and the castration or neutering of livestock, according to accepted practices of veterinary medicine or animal husbandry.

[(3)] (4) “Livestock” has the meaning provided in ORS 609.125.

[(4) “Pet or domestic animal” means any animal that is owned or possessed by a person, other than livestock or poultry.]

(5) “Minimum care” means care sufficient to preserve the health and well-being of an animal and, except for emergencies or circumstances beyond the reasonable control of the owner, includes, but is not limited to, the following requirements:

(a) Food of sufficient quantity and quality to allow for normal growth or maintenance of body weight.

(b) Open or adequate access to potable water in sufficient quantity to satisfy the animal's needs. Access to snow or ice is not adequate access to potable water.

(c) For a domestic animal other than a dog engaged in herding or protecting livestock, access to a barn, dog house or other enclosed structure sufficient to protect the animal from wind, rain, snow or sun and that has adequate bedding to protect against cold and dampness.

(d) Veterinary care deemed necessary by a reasonably prudent person to relieve distress from injury, neglect or disease.

(e) For a domestic animal, continuous access to an area:

(A) With adequate space for exercise necessary for the health of the animal;

(B) With air temperature suitable for the animal; and

(C) Kept reasonably clean and free from excess waste or other contaminants that could affect the animal's health.

[(5)] (6) “Physical injury” [has the meaning provided in ORS 161.015.] means physical trauma, impairment of physical condition or substantial pain.

(7) “Physical trauma” means fractures, cuts, punctures, bruises, burns or other wounds.

[(6)] (8) “Possess” has the meaning provided in ORS 161.015.

[(7)] (9) “Serious physical injury” [has the meaning provided in ORS 161.015] means physical injury that creates a substantial risk of death or that causes protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of a limb or bodily organ.

[(8) As used in ORS 167.325 and 167.330, “Minimum care” means care sufficient to preserve the health and well-being of an animal and, except for emergencies or circumstances beyond the reasonable control of the owner, includes, but is not limited to, the following requirements:]

[(a) Food of sufficient quantity and quality to allow for normal growth or maintenance of body weight.]

[(b) Open or adequate access to potable water in sufficient quantity to satisfy the animal's needs. Snow or ice is not an adequate water source.]

[(c) In the case of pet or domestic animals, access to a barn, dog house or other enclosed structure sufficient to protect the animal from wind, rain, snow or sun and which has adequate bedding to protect against cold and dampness.]

[(d) Veterinary care deemed necessary by a reasonably prudent person to relieve distress from injury, neglect or disease.]

[(e) Pet or domestic animals shall not be confined to an area without adequate space for exercise necessary for the health of the animal or which does not allow access to a dry place for the animal to rest. The air temperature in a confinement area must be suitable for the animal involved. Confinement areas must be kept reasonably clean and free from excess waste or other contaminants which could affect the animal's health.]

SECTION 8. ORS 167.320 is amended to read:

167.320. (1) A person commits the crime of animal abuse in the first degree if, except as otherwise authorized by law, the person intentionally, knowingly or recklessly:

(a) Causes serious physical injury to an animal; or

(b) Cruelly causes the death of an animal.

(2) Any practice of good animal husbandry is not a violation of this section.

(3) Animal abuse in the first degree is a Class A misdemeanor.

(4) Notwithstanding subsection (3) of this section, animal abuse in the first degree is a Class C felony if:

(a) The person committing the animal abuse has previously been convicted of two or more of the following offenses:

(A) Any offense under ORS 163.160, 163.165, 163.175 or 163.185 or the equivalent laws of another jurisdiction, if the offense involved domestic violence as defined in ORS 135.230 or the offense was committed against a minor child; or

(B) Any offense under this section or ORS 167.322, or the equivalent laws of another jurisdiction; or

(b) The person knowingly commits the animal abuse in the immediate presence of a minor child. For purposes of this paragraph, a minor child is in the immediate presence of animal abuse if the abuse is seen or directly perceived in any other manner by the minor child.

SECTION 9. ORS 167.322 is amended to read:

167.322. (1) A person commits the crime of aggravated animal abuse in the first degree if the person:

(a) Maliciously kills an animal; or

(b) Intentionally or knowingly tortures an animal.

(2) Aggravated animal abuse in the first degree is a Class C felony.

(3) As used in this section[,]:

(a) “Maliciously” means intentionally acting with a depravity of mind and reckless and wanton disregard of life.

(b) “Torture” means an action taken for the primary purpose of inflicting pain.

SECTION 10. ORS 167.330 is amended to read:

167.330. (1) A person commits the crime of animal neglect in the first degree if, except as otherwise authorized by law, the person intentionally, knowingly, recklessly or with criminal negligence[:]

[(a)] fails to provide minimum care for an animal in [such] the person's custody or control[;] and

[(b) Such] the failure to provide care results in serious physical injury or death to the animal.

(2) Animal neglect in the first degree is a Class A misdemeanor.

SECTION 10a. ORS 167.335 is amended to read:

167.335. Unless gross negligence can be shown, the provisions of ORS 167.315 to 167.330 [shall] do not apply to:

(1) The treatment of livestock being transported by owner or common carrier;

(2) Animals involved in rodeos or similar exhibitions;

(3) Commercially grown poultry;

(4) Animals subject to good animal husbandry practices;

(5) The killing of livestock according to the provisions of ORS 603.065;

(6) Animals subject to good veterinary practices as described in ORS 686.030;

(7) Lawful fishing, hunting and trapping activities;

(8) Wildlife management practices under color of law; [and]

(9) Lawful scientific or agricultural research or teaching that involves the use of animals[.];

(10) Reasonable activities undertaken in connection with the control of vermin or pests; and

(11) Reasonable handling and training techniques.

SECTION 11. ORS 167.340 is amended to read:

167.340. (1) A person commits the crime of animal abandonment if the person intentionally, knowingly, recklessly or with criminal negligence leaves a [domesticated] domestic animal at a location without providing for the animal's continued care.

(2) It is no defense to the crime defined in subsection (1) of this section that the defendant abandoned the animal at or near an animal shelter, veterinary clinic or other place of shelter if the defendant did not make reasonable arrangements for the care of the animal.

(3) Animal abandonment is a Class [C] B misdemeanor.

SECTION 12. ORS 167.345 is amended to read:

167.345. (1) [If there are exigent circumstances and probable cause to believe that any animal is being impounded or confined without minimum care for more than 24 consecutive hours, without medical cause, a peace officer, as defined in ORS 161.015, may enter the premises where the animal is being held and provide the animal with water, food or emergency on-site first aid treatment. The peace officer shall not be liable for any damages for such entry, unless the damages were caused by the unnecessary actions of the peace officer that were intentional or reckless.] As used in this section, “peace officer” has the meaning given that term in ORS 161.015.

(2) If there is probable cause to believe that any animal is being subjected to treatment in violation of ORS 167.315 to 167.330 or 167.340, a peace officer, after obtaining a search [warrant in the manner authorized by law, may enter the premises where the animal is being held,] warrant or in any other manner authorized by law, may enter the premises where the animal is located to provide the animal with food, [and] water and emergency medical treatment and may impound [such] the animal. If after reasonable [search] effort the owner or person having custody of [such] the animal cannot be found and notified of the impoundment, [such] the notice shall be conspicuously posted on [such] the premises and within 72 hours after the impoundment [such] the notice shall be sent by certified mail to the address, if any, [at which] where the animal was impounded.

(3) A peace officer is not liable for any damages for an entry under subsection (2) of this section, unless the damages were caused by the unnecessary actions of the peace officer that were intentional or reckless.

[(3)] (4) A court may order an animal impounded under subsection (2) of this section to be held at any animal care facility in the state. A facility receiving the animal shall provide adequate food and water and may provide veterinary care.

SECTION 13. ORS 167.347 is amended to read:

167.347. (1) If any animal is impounded pursuant to ORS 167.345 [(2)] and is being held by a county animal shelter or other animal care agency pending outcome of criminal action charging a violation of ORS [167.310] 167.315 to 167.330 or167.340, prior to final disposition of the criminal charge, the county or other animal care agency may file a petition in the criminal action requesting that the court issue an order forfeiting the animal to the county or other animal care agency prior to final disposition of the criminal charge. The petitioner shall serve a true copy of the petition upon the defendant and the district attorney.

(2) Upon receipt of a petition pursuant to subsection (1) of this section, the court shall set a hearing on the petition. The hearing shall be conducted within 14 days [of] after the filing of the petition, or as soon as practicable.

(3)(a) At a hearing conducted pursuant to subsection (2) of this section, the petitioner shall have the burden of establishing probable cause to believe that the animal was subjected to [abuse, neglect or abandonment in] a violation of ORS [167.310] 167.315 to 167.330 or 167.340. If the court finds that probable cause exists, the court shall order immediate forfeiture of the animal to the petitioner, unless the defendant, within 72 hours of the hearing, posts a security deposit or bond with the court clerk in an amount determined by the court to be sufficient to repay all reasonable costs incurred, and anticipated to be incurred, by the petitioner in caring for the animal from the date of initial impoundment to the date of trial.

(b) Notwithstanding paragraph (a) of this subsection, a court may waive for good cause shown the requirement that the defendant post a security deposit or bond.

(4) If a security deposit or bond has been posted in accordance with subsection (3) of this section, and the trial in the action is continued at a later date, any order of continuance shall require the defendant to post an additional security deposit or bond in an amount determined by the court that shall be sufficient to repay all additional reasonable costs anticipated to be incurred by the petitioner in caring for the animal until the new date of trial.

(5) If a security deposit or bond has been posted in accordance with subsection (4) of this section, the petitioner may draw from that security deposit or bond the actual reasonable costs incurred by the petitioner in caring for the impounded animal from the date of initial impoundment to the date of final disposition of the animal in the criminal action.

(6) The provisions of this section are in addition to, and not in lieu of, the provisions of ORS 167.350.

SECTION 14. ORS 167.350 is amended to read:

167.350. (1) In addition to and not in lieu of any other sentence it may impose, a court may require a defendant convicted under ORS 167.315 to 167.330 [and] or 167.340 to forfeit any rights of the defendant in the animal subjected to [abuse, neglect or abandonment] the violation, and to repay the reasonable costs incurred by any person or agency prior to judgment in caring for each animal subjected to [abuse, neglect or abandonment] the violation.

(2) When the court orders the defendant's rights in the animal to be forfeited, the court may further order that those rights be given over to an appropriate person or agency demonstrating a willingness to accept and care for the animal or to the county or an appropriate animal care agency for further disposition in accordance with accepted practices for humane treatment of animals. This subsection [shall not constitute or authorize any limitation upon] does not limit the right of the person or agency to whom rights are granted to resell or otherwise make disposition of the animal. A transfer of rights under this subsection constitutes a transfer of ownership.

(3) In addition to and not in lieu of any other sentence it may impose, a court may order the owner or person having custody of an animal to repay the reasonable costs incurred by any person or agency in providing [water, food or first aid treatment under ORS 167.345 (1).] minimum care to the animal.

(4) A court may order a person convicted under ORS 167.315 to 167.330 [and] or 167.340 to participate in available animal cruelty prevention programs or education programs, or both, or to obtain psychological counseling for treatment of mental health disorders that, in the court's judgment, contributed to the commission of the crime. The person shall bear any costs incurred by the person for participation in counseling or treatment programs under this subsection.

SECTION 14a. If House Bill 3642 becomes law, section 14 of this 2001 Act (amending ORS 167.350) is repealed and ORS 167.350, as amended by section 29, chapter 666, Oregon Laws 2001 (Enrolled House Bill 3642), is amended to read:

167.350. (1) In addition to and not in lieu of any other sentence it may impose, a court may require a defendant convicted under ORS 167.315 to 167.330 or 167.340 to forfeit any rights of the defendant in the animal subjected to [abuse, neglect or abandonment] the violation, and to repay the reasonable costs incurred by any person or agency prior to judgment in caring for each animal subjected to [abuse, neglect or abandonment] the violation.

(4) A court may order a person convicted under ORS 167.315 to 167.330 or 167.340 to participate in available animal cruelty prevention programs or education programs, or both, or to obtain psychological counseling for treatment of mental health disorders that, in the court's judgment, contributed to the commission of the crime. The person shall bear any costs incurred by the person for participation in counseling or treatment programs under this subsection.

(5) Sections 1 to 18, chapter 666, Oregon Laws 2001 (Enrolled House Bill 3642), [of this 2001 Act] do not apply to the forfeiture of an animal subjected to [abuse, neglect or abandonment in] a violation of ORS 167.315 to 167.330 or 167.340. Any such animal is subject to forfeiture as provided in subsections (1) to (3) of this section.

SECTION 14b. If House Bill 3642 becomes law, section 41, chapter 666, Oregon Laws 2001 (Enrolled House Bill 3642) (amending ORS 167.350), is repealed and ORS 167.350, as amended by section 29, chapter 666, Oregon Laws 2001 (Enrolled House Bill 3642), and section 14a of this 2001 Act, is amended to read:

167.350. (1) In addition to and not in lieu of any other sentence it may impose, a court may require a defendant convicted under ORS 167.315 to 167.330 or 167.340 to forfeit any rights of the defendant in the animal subjected to the violation, and to repay the reasonable costs incurred by any person or agency prior to judgment in caring for each animal subjected to the violation.

(2) When the court orders the defendant's rights in the animal to be forfeited, the court may further order that those rights be given over to an appropriate person or agency demonstrating a willingness to accept and care for the animal or to the county or an appropriate animal care agency for further disposition in accordance with accepted practices for humane treatment of animals. This subsection does not limit the right of the person or agency to whom rights are granted to resell or otherwise make disposition of the animal. A transfer of rights under this subsection constitutes a transfer of ownership.

[(5) Sections 1 to 18, chapter 666, Oregon Laws 2001 (Enrolled House Bill 3642), do not apply to the forfeiture of an animal subjected to a violation of ORS 167.315 to 167.330 or 167.340. Any such animal is subject to forfeiture as provided in subsections (1) to (3) of this section.]

SECTION 14c. The amendments to ORS 167.350 by section 14b of this 2001 Act become operative on July 31, 2005.

SECTION 14d. If House Bill 3642 becomes law, section 58, chapter 666, Oregon Laws 2001 (Enrolled House Bill 3642), is amended to read:

Sec. 58. (1) Sections 49 to 52 and 54, chapter 666, Oregon Laws 2001 (Enrolled House Bill 3642), [of this 2001 Act] become operative on July 31, 2005.

(2) The amendments to ORS 133.643, 137.138, 164.864, 164.866, 166.210, 166.250, 166.282, 166.370, 166.410, 166.460, 166.660[, 167.350] and 475A.155 by sections 21, 23 and 36 to 47, chapter 666, Oregon Laws 2001 (Enrolled House Bill 3642), [of this 2001 Act] become operative on July 31, 2005.

SECTION 15. ORS 609.095 is amended to read:

609.095. (1) A dog is a public nuisance if it:

(a) Bites a person;

(b) Chases vehicles or persons;

(d) Scatters garbage;

(e) Trespasses on private property of persons other than the keeper of the dog;

(f) Disturbs any person by frequent or prolonged noises;

(g) Is a female in heat and running at large; or

(h) Injures or kills a [pet or] domestic animal as defined in ORS 167.310 [(4)].

(2) The keeper of a dog in a county, precinct or city that is subject to ORS 609.030 and 609.040 to 609.110 maintains a public nuisance if the dog commits an act described under subsection (1) of this section or the keeper does not comply with reasonable restrictions as described in subsection (3) of this section. Except as provided under ORS 609.990 (4), maintaining a dog that is a public nuisance is a violation.

(3) A keeper of a dog maintains a public nuisance if the keeper fails to comply with reasonable restrictions imposed under ORS 609.990. If a keeper fails to provide acceptable proof of compliance to the court on or before the 10th day after issuance of the order imposing the restrictions, there is a rebuttable presumption that the keeper has failed to comply. If the court finds the proof submitted by the keeper unacceptable, the court shall send notice of that finding to the keeper no later than five days after the proof is received.

(4) Any person who has cause to believe a keeper is maintaining a dog that is a public nuisance may complain, either orally or in writing, to the county, precinct or city. The receipt of any complaint is sufficient cause for the county, precinct or city to investigate the matter and determine whether the keeper of the dog is in violation of subsection (2) or (3) of this section.

SECTION 16. ORS 133.377 is amended to read:

133.377. (1) Any person violating ORS 167.315 to 167.330 [and] or 167.340 may be arrested and held without warrant, in the same manner as in the case of persons found breaking the peace.

(2) The person making the arrest, with or without warrant, shall use reasonable diligence to give notice thereof to the owners of the animals found in the charge of the person arrested, and shall properly care and provide for such animals until the owners or their duly authorized agents take charge of them; provided, such owners or agents shall claim and take charge of the animals within 60 days from the date of said notice.

(3) The person making such arrest shall have a lien upon the animals for the expense of such care and provisions.

(4) Any peace officer who cares or provides for an animal pursuant to this section and any person into whose care an animal is delivered by a peace officer acting under this section shall be immune from civil or criminal liability based upon an allegation that such care was negligently provided.

SECTION 17. ORS 133.379 is amended to read:

133.379. (1) It shall be the duty of any peace officer to arrest and prosecute any violator of ORS 167.315 to 167.330 [and] or 167.340 for any violation which comes to the knowledge or notice of the officer.

(2) All fines and forfeitures collected for violations of ORS 167.315 to 167.330 [and] or 167.340, except for forfeitures of the animal as provided under ORS 167.350, shall be paid into the county treasury of the county in which it is collected, and placed to the credit of the county school fund.

Approved by the Governor August 8, 2001

Filed in the office of Secretary of State August 9, 2001

Effective date January 1, 2002

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