71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1407
 
                         Senate Bill 161
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senator Peter Courtney and
  Representative Vic Backlund for Oregon Veterinary Medical
  Association)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Requires veterinarians, veterinary interns and veterinary
technicians to report suspected animal abuse. Punishes failure to
report suspected animal abuse by $1,000 fine.
 
                        A BILL FOR AN ACT
Relating to animal abuse.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + The Legislative Assembly finds that there is a
direct link between the problems of animal abuse and human abuse
and further finds that for the purposes of identifying and
prosecuting individuals who have committed crimes against
animals, preventing further abuse of animals and preventing
animal abuse from escalating to abuse against humans, it is
necessary and in the public interest to require mandatory
reporting of animal abuse by animal care professionals. + }
  SECTION 2.  { + As used in sections 2 to 6 of this 2001 Act:
  (1)(a) 'Abuse' means:
  (A) Any animal abuse, as described in ORS 167.315, 167.320 and
167.322.
  (B) Any involvement in animal fighting, as described in ORS
167.355.
  (C) Any dogfighting or participation in dogfighting, as
described in ORS 167.365 and 167.370.
  (D) Any unauthorized use of a livestock animal, as described in
ORS 167.385.
  (E) Any interference with livestock production, as described in
ORS 167.388.
  (b) 'Abuse' does not include:
  (A) Good animal husbandry, as that term is defined in ORS
167.310; or
  (B) Any exemption listed in ORS 167.335.
  (2) 'Law enforcement agency' means:
  (a) Any city or municipal police department.
  (b) Any county sheriff's office.
  (c) The Oregon State Police.
  (d) The Oregon Humane Society of Portland.
  (e) Any county or municipal animal control agency.
  (3) 'Veterinarian' means a person licensed to practice
veterinary medicine under ORS chapter 686.
  (4) 'Veterinary intern' means a person who holds a permit
issued under ORS 686.085.
  (5) 'Veterinary technician' has the meaning given that term in
ORS 686.350. + }
  SECTION 3.  { + (1) A veterinarian, veterinary intern or
veterinary technician having reasonable cause to believe that an
animal with which the veterinarian, veterinary intern or
veterinary technician has come in contact has suffered abuse, or
that any person with whom the veterinarian, veterinary intern or
veterinary technician has come in contact has abused an animal,
shall immediately report the suspected abuse in the manner
prescribed in subsection (3) of this section.
  (2) A veterinarian, veterinary intern or veterinary technician
having reasonable cause to believe that an animal with which the
veterinarian, veterinary intern or veterinary technician has come
in contact has been neglected as described in ORS 167.325 or
167.330, or has been abandoned as described in ORS 167.340, may
report the suspected neglect or abandonment in the manner
prescribed in subsection (3) of this section. In deciding whether
to make a report of suspected neglect or abandonment under this
subsection, the veterinarian, veterinary intern or veterinary
technician shall consider:
  (a) The severity of the neglect or abandonment;
  (b) Any previous history of neglect or abandonment by the same
person; and
  (c) The likelihood that the neglect will cease if the person
suspected of neglect is taught proper care of the animal.
  (3) A report of suspected abuse required under subsection (1)
of this section, or a discretionary report of suspected neglect
or abandonment under subsection (2) of this section, shall be
made to a law enforcement agency, either orally or in writing,
and shall include, if known:
  (a) The name and description of each animal involved;
  (b) The address and telephone number of the owner or other
person responsible for the care of the animal;
  (c) The nature and extent of the suspected abuse, neglect or
abandonment;
  (d) Any evidence of previous abuse, neglect or abandonment;
  (e) The explanation given for the suspected abuse, neglect or
abandonment; and
  (f) Other information that the person making the report
believes may be helpful in establishing the cause of the
suspected abuse, neglect or abandonment or the identity of the
person causing the abuse, neglect or abandonment. + }
  SECTION 4.  { + (1) A law enforcement agency receiving a report
of suspected animal abuse, neglect or abandonment pursuant to
section 3 of this 2001 Act shall immediately investigate the
nature and cause of the suspected abuse, neglect or abandonment.
  (2) If the law enforcement agency finds reasonable cause to
believe that abuse has occurred, the law enforcement agency shall
process the case in the same manner as any other criminal
investigation. + }
  SECTION 5.  { + A veterinarian, veterinary intern or veterinary
technician who acts in good faith and has reasonable grounds for
making a report of suspected abuse, neglect or abandonment under
section 3 of this 2001 Act is not liable in any civil or criminal
proceeding brought as a result of making the report. + }
  SECTION 6.  { + Failure to file a report of suspected abuse as
required by section 3 of this 2001 Act is punishable by a fine of
not more than $1,000. + }
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