S.205
Introduced by Senator Illuzzi of Essex-Orleans County
Referred to Committee on
Date:
Subject: Crimes; cruelty to animals; hoarding animals
Statement of purpose: This bill proposes to define an animal hoarder and require a court to order psychiatric or psychological evaluation and treatment for a person who is convicted of animal cruelty and is determined to be an animal hoarder. The bill also makes several citation corrections to existing statutes.
AN ACT RELATING TO ANIMAL CRUELTY AND HOARDING ANIMALS
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 13 V.S.A. § 351 is amended to read:
§ 351. DEFINITIONS
As used in this chapter:
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(15) "Animal hoarder" means a person who:
(A) possesses five or more animals;
(B) fails to provide for the animals in violation of subdivision 352(4) of this title;
(C) keeps the animals in a severely overcrowded environment; and
(D) displays an inability to recognize or understand the nature of or has a reckless disregard for the conditions under which the animals are living and the deleterious impact they have on the animals’ health and well-being.
Sec. 2. 13 V.S.A. § 353 is amended to read:
§ 353. DEGREE OF OFFENSE; SENTENCING UPON CONVICTION
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(b) In addition to any other sentence the court may impose, the court may require a defendant convicted of a violation under section 352 or 352a of this title to:
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(4) Participate in available animal cruelty prevention programs or educational programs, or both, or obtain psychiatric or psychological counseling, within a reasonable distance from the defendant's residence. If the defendant is an animal hoarder, the court shall order the defendant to undergo a psychiatric or psychological evaluation and to participate in treatment that the court determines to be appropriate after due consideration of the evaluation. The court may impose the costs of such programs or counseling upon the defendant when appropriate.
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Sec. 3. 13 V.S.A. § 362 is amended to read:
§ 362. EXPOSING POISON ON THE LAND
A person who deposits any poison or substance poisonous to animals on his or her premises or on the premise or buildings of another, with the intent that it be taken by an animal, shall be in violation of subdivision *[352(a)(2)]* 352(2) of this title. This section shall not apply to control of wild pests, protection of crops from insects, mice and plant diseases, or the department of fish and wildlife and employees and agents of the state forest service in control of destructive wild animals.
Sec. 4. 13 V.S.A. § 363 is amended to read:
§ 363. SHOOTING BIRDS FOR AMUSEMENT
Except for the taking of game pursuant to Title 10, any person who keeps or uses any live bird for release to be shot for amusement or as a test of marksmanship or provides buildings, sheds, yards, rooms, fields or other areas to be used for such shooting purposes, shall be in violation of subdivision *[352(a)(1)]* 352(1) of this title.
Sec. 5. 13 V.S.A. § 365 is amended to read:
§ 365. SHELTER OF ANIMALS
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(f) Failure to comply with this section shall be a violation of *[subdivisions 352(a)(3) or (4)]* subdivision 352(3) or (4) of this title.
Sec. 6. 13 V.S.A. § 381 is amended to read:
§ 381. TRANSPORTATION BY RAILROAD; REST AND FEEDING
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(b) Violation of the 28-hour rule of this section is a violation of subdivision *[352(a)(4)]* 352(4) of this title.
Sec. 7. 13 V.S.A. § 382 is amended to read:
§ 382. TRANSPORTATION BY TRUCK; REST AND FEEDING
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(b) A person who violates a provision of this section shall be in violation of subdivision *[352(a)(4)]* 352(4) of this title.
Sec. 8. 13 V.S.A. § 383 is amended to read:
§ 383. SHIPPING OF ANIMALS
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(b) Failure to provide such separation shall be a violation of subdivisions *[352(a)(3) and (4)]* 352(3) and (4) of this title.
Sec. 9. 13 V.S.A. § 386 is amended to read:
§ 386. CONFINEMENT OF ANIMALS IN VEHICLES
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(c) Failure to comply with subsection (a) of this section is a violation of subdivision *[352(a)(3)]* 352(3) of this title.
Sec. 10. 13 V.S.A. § 387 is amended to read:
§ 386. CONFINEMENT OF ANIMALS IN VEHICLES
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(d) Failure to comply with this section, or the rules established thereunder, is a violation of subdivision *[352(a)(3)]* 352(3) of this title.
Sec. 11. 13 V.S.A. § 399 is amended to read;
§ 399. ABUSE; DISQUALIFICATION
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(c) Excessive violation of either subsection (a) or (b) of this section shall be deemed a violation of subdivision *[352(a)(2)]* 352(2) of this title.