Reprinted

February 20, 2007





HOUSE BILL No. 1387

_____


DIGEST OF HB 1387 (Updated February 19, 2007 4:46 pm - DI 106)



Citations Affected: IC 31-9; IC 34-6; IC 35-41; IC 35-46; noncode.

Synopsis: Animal cruelty. Specifies that the definition of "crime involving domestic or family violence" includes certain crimes involving animal cruelty used to threaten, intimidate, coerce, harass, or terrorize a family or household member. Defines certain terms used in the animal cruelty statute. Permits a court to prohibit or impose conditions on the right of a person convicted of certain animal cruelty offenses to possess an animal. Requires the state veterinarian or the designee of the state veterinarian to investigate the condition of a mistreated animal if the owner is criminally charged with an offense relating to the animal's mistreatment and make a recommendation concerning the animal's confiscation. Makes killing an animal with the intent used to threaten, intimidate, coerce, harass, or terrorize a family or household member a Class D felony, and makes sexual intercourse or deviate sexual conduct with an animal a Class A misdemeanor or Class D felony. Makes attending an animal fighting contest or possessing an animal for use in an animal fighting contest a Class D felony.

Effective: July 1, 2007.





Lawson L, Bardon, Neese , Denbo




    January 16, 2007, read first time and referred to Committee on Courts and Criminal Code.
    February 15, 2007, amended, reported _ Do Pass.
    February 19, 2007, read second time, amended, ordered engrossed.





Reprinted

February 20, 2007

First Regular Session 115th General Assembly (2007)


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.
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HOUSE BILL No. 1387



    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 31-9-2-29.5; (07)HB1387.2.1. -->     SECTION 1. IC 31-9-2-29.5, AS AMENDED BY P.L.173-2006, SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 29.5. "Crime involving domestic or family violence" means a crime that occurs when a family or household member commits, attempts to commit, or conspires to commit any of the following against another family or household member:
        (1) A homicide offense under IC 35-42-1.
        (2) A battery offense under IC 35-42-2.
        (3) Kidnapping or confinement under IC 35-42-3.
        (4) A sex offense under IC 35-42-4.
        (5) Robbery under IC 35-42-5.
        (6) Arson or mischief under IC 35-43-1.
        (7) Burglary or trespass under IC 35-43-2.
        (8) Disorderly conduct under IC 35-45-1.
        (9) Intimidation or harassment under IC 35-45-2.
        (10) Voyeurism under IC 35-45-4.
        (11) Stalking under IC 35-45-10.
        (12) An offense against the family under IC 35-46-1-2 through IC 35-46-1-8, IC 35-46-1-12, or IC 35-46-1-15.1.
        (13) Human and sexual trafficking crimes under IC 35-42-3.5.
         (14) A crime involving animal cruelty and a family or household member under IC 35-46-3-12(b)(3) or IC 35-46-3-12.5.
SOURCE: IC 31-9-2-42; (07)HB1387.2.2. -->     SECTION 2. IC 31-9-2-42 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 42. "Domestic or family violence" means, except for an act of self defense, the occurrence of one (1) or more of the following acts committed by a family or household member:
        (1) Attempting to cause, threatening to cause, or causing physical harm to another family or household member without legal justification.
        (2) Placing a family or household member in fear of physical harm without legal justification.
        (3) Causing a family or household member to involuntarily engage in sexual activity by force, threat of force, or duress.
         (4) Beating, torturing, mutilating, or killing a vertebrate animal without justification with the intent to threaten, intimidate, coerce, harass, or terrorize a family or household member.
For purposes of IC 22-4-15-1 and IC 34-26-5, domestic or family violence also includes stalking (as defined in IC 35-45-10-1) or a sex offense under IC 35-42-4, whether or not the stalking or sex offense is committed by a family or household member.
SOURCE: IC 34-6-2-34.5; (07)HB1387.2.3. -->     SECTION 3. IC 34-6-2-34.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 34.5. "Domestic or family violence" means, except for an act of self-defense, the occurrence of at least one (1) of the following acts committed by a family or household member:
        (1) Attempting to cause, threatening to cause, or causing physical harm to another family or household member.
        (2) Placing a family or household member in fear of physical harm.
        (3) Causing a family or household member to involuntarily engage in sexual activity by force, threat of force, or duress.
        (4) Beating, torturing, mutilating, or killing a vertebrate animal without justification with the intent to threaten, intimidate, coerce, harass, or terrorize a family or household member.
For purposes of IC 34-26-5, domestic and family violence also includes

stalking (as defined in IC 35-45-10-1) or a sex offense under IC 35-42-4, whether or not the stalking or sex offense is committed by a family or household member.

SOURCE: IC 35-41-1-6.5; (07)HB1387.2.4. -->     SECTION 4. IC 35-41-1-6.5, AS AMENDED BY P.L.173-2006, SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 6.5. "Crime involving domestic or family violence" means a crime that occurs when a family or household member commits, attempts to commit, or conspires to commit any of the following against another family or household member:
        (1) A homicide offense under IC 35-42-1.
        (2) A battery offense under IC 35-42-2.
        (3) Kidnapping or confinement under IC 35-42-3.
        (4) Human and sexual trafficking crimes under IC 35-42-3.5.
        (5) A sex offense under IC 35-42-4.
        (6) Robbery under IC 35-42-5.
        (7) Arson or mischief under IC 35-43-1.
        (8) Burglary or trespass under IC 35-43-2.
        (9) Disorderly conduct under IC 35-45-1.
        (10) Intimidation or harassment under IC 35-45-2.
        (11) Voyeurism under IC 35-45-4.
        (12) Stalking under IC 35-45-10.
        (13) An offense against family under IC 35-46-1-2 through IC 35-46-1-8, IC 35-46-1-12, or IC 35-46-1-15.1.
         (14) A crime involving animal cruelty and a family or household member under IC 35-46-3-12(b)(3) or IC 35-46-3-12.5.
SOURCE: IC 35-46-3-0.5; (07)HB1387.2.5. -->     SECTION 5. IC 35-46-3-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 0.5. The following definitions apply throughout this chapter:
        (1) "Abandon" means to desert an animal or to leave the animal permanently in a place without making provision for adequate long term care of the animal. The term does not include leaving an animal in a place that is temporarily vacated for the protection of human life during a disaster.
        (2) "Beat" means to unnecessarily or cruelly strike an animal repeatedly and violently with a hand or an object, or to throw the animal against an object causing the animal to suffer severe pain or injury.
        (3) "Mutilate" means to wound, injure, maim, or disfigure an animal by irreparably damaging the animal's body parts or to render any part of the animal's body useless. The term

includes bodily injury involving:
            (A) serious permanent disfigurement;
            (B) serious temporary disfigurement;
            (C) permanent or protracted loss or impairment of the function of a bodily part or organ; or
            (D) a fracture.
        (4) "Neglect" means to:
            (A) endanger an animal's health by failing to provide the animal with food, drink, or adequate shelter; or
            (B) restrain an animal for more than a brief period by the use of a rope, chain, or tether that:
                (i) is less than three (3) times the length of the animal;
                (ii) is too heavy to permit the animal to move freely; or
                (iii) causes the animal to choke.
        (5) "Torture" means:
            (A) to inflict an animal with extreme physical pain or injury with the intent of increasing or prolonging the animal's pain; or
            (B) to administer poison to a cat or dog, or expose a cat or dog to a poisonous substance with the intent that the cat or dog ingest the substance.

SOURCE: IC 35-46-3-6; (07)HB1387.2.6. -->     SECTION 6. IC 35-46-3-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 6. (a) This section does not apply to a violation of section 1 of this chapter.
    (b) Any law enforcement officer or any other person having authority to impound animals who has probable cause to believe there has been a violation of this chapter or IC 15-5-12-3 may take custody of the animal involved.
    (c) The owner of an animal that has been impounded under this section may prevent disposition of the animal by an animal shelter that is caring for the animal by posting, not later than ten (10) days after the animal has been impounded, a bond with the court in an amount sufficient to provide for the animal's care and keeping for at least thirty (30) days, beginning from the date the animal was impounded. The owner may renew a bond by posting a new bond, in an amount sufficient to provide for the animal's care and keeping for at least an additional thirty (30) days, not later than ten (10) days after the expiration of the period for which a previous bond was posted. If a bond expires and is not renewed, the animal shelter may determine disposition of the animal, subject to court order. If the owner of an animal impounded under this section is convicted of an offense under this chapter or IC 15-5-12-3, the owner shall reimburse the animal

shelter for the expense of the animal's care and keeping. If the owner has paid a bond under this subsection, the animal shelter may euthanize an animal if a veterinarian determines that an animal is suffering extreme pain.
    (d) If the owner requests, the court having jurisdiction of criminal charges filed under this chapter or IC 15-5-12 shall hold a hearing to determine whether probable cause exists to believe that a violation of this chapter or IC 15-5-12 has occurred. If the court determines that probable cause does not exist, the court shall order the animal returned to its owner, and the return of any bond posted by its owner.
    (e) This subsection applies only to livestock animals. Whenever charges are filed under this chapter, the court shall appoint the state veterinarian under IC 15-2.1-2-50 or the state veterinarian's designee to:
        (1) investigate the condition of the animal and the circumstances relating to the animal's condition; and
        (2) make a recommendation to the court under subsection (f) regarding the confiscation of the animal.
    (f) The state veterinarian or the state veterinarian's designee who is appointed under subsection (e) shall do the following:
        (1) Make a recommendation to the court concerning whether confiscation is necessary to protect the safety and well-being of the animal.
        (2) If confiscation is recommended under subdivision (1), recommend a manner for handling the confiscation and disposition of the animal that is in the best interests of the animal.
The state veterinarian or the state veterinarian's designee who submits a recommendation under this subsection shall articulate to the court the reasons supporting the recommendation.
    (g) The court:
        (1) shall give substantial weight to; and
        (2) may enter an order based upon;
a recommendation submitted under subsection (f).
    (h) If a person is convicted of an offense under this chapter or IC 15-5-12, the court may impose the following additional penalties against the person:
        (1) A requirement that the person pay the costs of caring for an animal involved in the offenses that are incurred during a period of impoundment authorized under subsection (b).
        (2) An order terminating or imposing conditions on the person's right to possession, title, custody, or care of:
             (A) an animal that was involved in the offense; or


            (B) any other animal in the custody or care of the person.
    (i) If a person's right to possession, title, custody, or care of an animal is terminated under subsection (h), the court may:
        (1) award the animal to a humane society or other organization that has as its principal purpose the humane treatment of animals; or
        (2) order the disposition of the animal as recommended under subsection (f).
SOURCE: IC 35-46-3-8; (07)HB1387.2.7. -->     SECTION 7. IC 35-46-3-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 8. A person who knowingly or intentionally purchases or possesses an animal for the purpose of using the animal in an animal fighting contest commits a Class A misdemeanor. Class D felony.
SOURCE: IC 35-46-3-9; (07)HB1387.2.8. -->     SECTION 8. IC 35-46-3-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 9. A person who knowingly or intentionally:
        (1) promotes or stages an animal fighting contest;
        (2) uses an animal in a fighting contest; or
        (3) attends an animal fighting contest; having an animal in the person's possession;
commits a Class D felony.
SOURCE: IC 35-46-3-12; (07)HB1387.2.9. -->     SECTION 9. IC 35-46-3-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: 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 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 section; or
        (2) the person knowingly or intentionally tortures or mutilates a vertebrate animal; or
        (3) the person committed the offense with the intent to threaten, intimidate, coerce, harass, or terrorize a family or household member.

    (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: IC 35-46-3-12.5; (07)HB1387.2.10. -->     SECTION 10. IC 35-46-3-12.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 12.5. A person who knowingly or intentionally kills a vertebrate animal with the intent to threaten, intimidate, coerce, harass, or terrorize a family or household member commits domestic violence animal cruelty, a Class D felony.
SOURCE: IC 35-46-3-14; (07)HB1387.2.11. -->     SECTION 11. IC 35-46-3-14 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 14. A person who knowingly or intentionally performs an act involving:
        (1) a sex organ of a person and the mouth or anus of an animal;
        (2) a sex organ of an animal and the mouth or anus of a person;
        (3) any penetration of the human female sex organ by an animal's sex organ; or
        (4) any penetration of an animal's sex organ by the human male sex organ;
commits bestiality, a Class A misdemeanor. However, the offense is a Class D felony if the animal suffers extreme pain or death.

SOURCE: IC 35-46-3-10; (07)HB1387.2.12. -->     SECTION 12. IC 35-46-3-10 IS REPEALED [EFFECTIVE JULY 1, 2007].
SOURCE: ; (07)HB1387.2.13. -->     SECTION 13. [EFFECTIVE JULY 1, 2007] IC 35-46-3-8, IC 35-46-3-9, and IC 35-46-3-12, all as amended by this act, and IC 35-46-3-12.5 and IC 35-46-3-14, both as added by this act, apply only to crimes committed after June 30, 2007.