February 22, 2002




DIGEST OF HB 1223 (Updated February 21, 2002 11:35 AM - DI 106)

Citations Affected: IC 35-46; noncode.

Synopsis: Cruelty to an animal. Makes torturing or mutilating an animal a Class D felony. Provides an exception for an animal shelter euthanizing an animal in accordance with adopted guidelines.

Effective: July 1, 2002.

Adams T, Munson , Kruzan , Atterholt , Herrell

    January 10, 2002, read first time and referred to Committee on Courts and Criminal Code.
    January 31, 2002, amended, reported _ Do Pass.
    February 4, 2002, read second time, ordered engrossed.
    February 5, 2002, engrossed. Read third time, passed. Yeas 87, nays 8.


    February 11, 2002, read first time and referred to Committee on Corrections, Criminal and Civil Procedures.
    February 21, 2002, amended, reported favorably _ Do Pass.

February 22, 2002

Second Regular Session 112th General Assembly (2002)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 35-46-3-12; (02)EH1223.1.1. -->     SECTION 1. IC 35-46-3-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 12. (a) This section does not apply to a person who euthanizes an injured, a sick, a homeless, or an unwanted domestic animal if:
        (1) the person is employed by a humane society, an animal control agency, or a governmental entity operating an animal shelter or other animal impounding facility; and
        (2) the person euthanizes the domestic animal in accordance with guidelines adopted by the humane society, animal control agency, or governmental entity operating the animal shelter or other animal impounding facility
     (b) A person who knowingly or intentionally tortures, beats or mutilates a vertebrate animal commits cruelty to an animal, a Class A misdemeanor. However, the offense is a Class D felony if :
         (1) the person has a previous, unrelated conviction under this section ; or
        (2) the person knowingly or intentionally tortures or mutilates

a vertebrate animal.
    (b) (c) It is a defense to a prosecution under this section that the accused person:
        (1) reasonably believes the conduct was necessary to:
            (A) prevent injury to the accused person or another person;
            (B) protect the property of the accused person from destruction or substantial damage; or
            (C) prevent a seriously injured vertebrate animal from prolonged suffering; or
        (2) engaged in a reasonable and recognized act of training, handling, or disciplining the vertebrate animal.

SOURCE: ; (02)EH1223.1.2. -->     SECTION 2. [EFFECTIVE JULY 1, 2002] IC 35-46-3-12, as amended by this act, applies only to crimes committed after June 30, 2002.