January 6, 2004, read first time and referred to Committee on Criminal, Civil and Public
Second Regular Session 113th General Assembly (2004)
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,
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will appear in that style type in the introductory clause of each SECTION that adds
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between statutes enacted by the 2003 Regular Session of the General Assembly.
SENATE BILL No. 148
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:
SECTION 1. IC 35-46-3-12, AS AMENDED BY P.L.132-2002,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 12. (a) This section does not apply to a person
who euthanizes an injured, a sick, a homeless, or an unwanted domestic
(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 beats 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
(2) the person knowingly or intentionally tortures or mutilates a
(c) It is a defense to a prosecution under this section that the
(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.
(d) In addition to any other sentence imposed under this section,
a court shall order a person convicted of an offense under this
section to receive psychological, behavioral, or other counseling.
SECTION 2. [EFFECTIVE JULY 1, 2004] IC 35-46-3-12, as
amended by this act, applies only to offenses committed after June