Chapter 275 Oregon Laws 2003
AN ACT
SB 255
Relating to animal abuse; creating new provisions; and amending ORS 686.445.
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 aggravated animal abuse by veterinarians.
SECTION
2. As used in sections 2 to 6 of
this 2003 Act:
(1)(a)
“Aggravated animal abuse” means any animal abuse as described in ORS 167.322.
(b)
“Aggravated animal abuse” does not include:
(A)
Good animal husbandry, as 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)
A law enforcement division of a humane society in Oregon that employs special
agents authorized under ORS 131.805.
(e)
A law enforcement division of a county or municipal animal control agency that
employs sworn officers.
(3) “Veterinarian” means a person licensed to practice veterinary medicine under ORS chapter 686.
SECTION
3. (1) A veterinarian who has
reasonable cause to believe that an animal with which the veterinarian has come
in contact has suffered aggravated animal abuse, or that any person with whom
the veterinarian has come in contact has committed aggravated animal abuse,
shall immediately report the suspected aggravated animal abuse in the manner
prescribed in subsection (2) of this section.
(2)
A report of suspected aggravated animal abuse required under subsection (1) 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 aggravated animal abuse;
(d)
Any evidence of previous aggravated animal abuse;
(e)
Any explanation given for the suspected aggravated animal abuse; and
(f) Any other information that the person making the report believes may be helpful in establishing the cause of the suspected aggravated animal abuse or the identity of the person causing the aggravated animal abuse.
SECTION
4. (1) A law enforcement agency
receiving a report of suspected aggravated animal abuse pursuant to section 3
of this 2003 Act shall investigate the nature and cause of the suspected
aggravated animal abuse.
(2) If the law enforcement agency finds reasonable cause to believe that aggravated animal abuse has occurred, the law enforcement agency shall process the case in the same manner as any other criminal investigation.
SECTION 5. A veterinarian who acts in good faith and has reasonable grounds for making a report of suspected aggravated animal abuse under section 3 of this 2003 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 aggravated animal abuse as required by section 3 of this 2003 Act is punishable by a fine of not more than $1,000.
SECTION 7. ORS 686.445 is amended to read:
686.445. (1) Except as provided in section 3 of this 2003 Act, licensed veterinarians and veterinary technicians may report to peace officers, animal control officers or officers of private organizations devoted to humane treatment of animals any animal that the veterinarian or veterinary technician knows or reasonably believes to be abandoned, neglected or abused. Any veterinarian or veterinary technician making a report under this section is immune from any civil or criminal liability by reason of making the report.
(2) Veterinarians licensed and practicing in Oregon shall report to the Dean of the College of Veterinary Medicine, Oregon State University, in a form established by the dean, incidences of treating animals purported to have been injured by a trapping device.
Approved by the Governor June 10, 2003
Filed in the office of Secretary of State June 11, 2003
Effective date January 1, 2004
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