75th OREGON LEGISLATIVE ASSEMBLY--2009 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 2003
 
                           A-Engrossed
 
                         Senate Bill 398
                 Ordered by the Senate March 10
           Including Senate Amendments dated March 10
 
Sponsored by Senator PROZANSKI, Representative BARKER; Senators
  VERGER, WALKER, Representatives BERGER, COWAN, GILLIAM, ROBLAN,
  THATCHER (at the request of Duchess Sanctuary)
 
 
                             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.
 
  Modifies crime of animal abandonment to include abandonment of
equines.
 
                        A BILL FOR AN ACT
Relating to equines; creating new provisions; and amending ORS
  167.310 and 167.340.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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 domestic animal { +  or an
equine + } at a location without providing   { - for the animal's
continued care. - }  { +  minimum 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 B misdemeanor.
  SECTION 2. ORS 167.310 is amended to read:
  167.310. As used in ORS 167.310 to 167.351:
  (1) 'Animal' means any nonhuman mammal, bird, reptile,
amphibian or fish.
  (2) 'Domestic animal' means an animal, other than livestock
 { +  or equines + }, that is owned or possessed by a person.
   { +  (3) 'Equine' means a horse, pony, donkey, mule, hinny,
zebra or a hybrid of any of these animals. + }
    { - (3) - }  { +  (4) + } '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.
    { - (4) - }  { +  (5) + } 'Law enforcement animal' means a
dog or horse used in law enforcement work under the control of a
corrections officer, parole and probation officer, police officer
or youth correction officer, as those terms are defined in ORS
181.610, who has successfully completed at least 360 hours of
training in the care and use of a law enforcement animal, or who
has passed the demonstration of minimum standards established by
the Oregon Police Canine Association or other accredited and
recognized animal handling organization.
    { - (5) - }  { +  (6) + } 'Livestock' has the meaning
provided in ORS 609.125.
    { - (6) - }  { +  (7) + } '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.
  (f) For a livestock animal that cannot walk or stand without
assistance:
  (A) Humane euthanasia; or
  (B) The provision of immediate and ongoing care to restore the
animal to an ambulatory state.
    { - (7) - }  { +  (8) + } 'Physical injury' means physical
trauma, impairment of physical condition or substantial pain.
    { - (8) - }  { +  (9) + } 'Physical trauma' means fractures,
cuts, punctures, bruises, burns or other wounds.
    { - (9) - }  { +  (10) + } 'Possess' has the meaning provided
in ORS 161.015.
    { - (10) - }  { +  (11) + } 'Serious physical injury' 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.
  SECTION 3.  { + The amendments to ORS 167.340 by section 1 of
this 2009 Act apply to conduct occurring on or after the
effective date of this 2009 Act. + }
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