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 1765
B-Engrossed
Senate Bill 230
Ordered by the House June 4
Including Senate Amendments dated May 8 and House Amendments
dated
June 4
Sponsored by Senator DECKERT; Senator BURDICK (at the request of
Christopher and Constance Hawes, Oregon Humane Society and
Michael E. Wellington of the Lane County Animal Regulation
Authority)
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.
{ - Changes neglect resulting in death of animal from crime
of animal neglect in the first degree to new crime of aggravated
animal neglect in the first degree. Provides for maximum penalty
of five years' imprisonment, fine of $100,000, or both. - }
Prohibits possession of animal within specified period
following conviction for certain crimes against animals. Makes
violation offense subject to maximum penalty of $1,000 fine and
forfeiture of animal if predicate conviction was misdemeanor or
$5,000 fine and forfeiture of animal if predicate conviction was
felony.
{ - Requires - } { + Permits + } court or juvenile
department counselor to require youth to undergo
psychiatric { + , psychological or mental health + } evaluation
and appropriate care or treatment under specified circumstances.
{ - Eliminates element that abuse causing death of animal be
inflicted cruelly. - } Reclassifies crime of animal abuse in the
first degree to felony with maximum penalty of five years'
imprisonment, fine of $100,000, or both, if crime is committed
under certain conditions or committed by defendant having
specified criminal history.
Changes definitions for crime of aggravated animal abuse in the
first degree. { - Changes culpable mental state. - } Revises
elements for establishing torture.
{ + Adds reasonable activities undertaken in connection with
vermin and pest control and reasonable handling and training
techniques to list of activities not included in specified
offenses against animals unless gross negligence can be
shown. + }
Increases maximum penalty for crime of animal abandonment to
six months' imprisonment, $2,000 fine, or both.
Amends statute governing peace officer entry of premises to
care for animal to allow entry in any lawful manner.
A BILL FOR AN ACT
Relating to crimes involving animals; creating new provisions;
and 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.
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 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 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 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 or + } 167.340, 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 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;
(c) Damages or destroys property of persons other than the
keeper of the dog;
(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.
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