February 20, 2009
SENATE BILL No. 238
DIGEST OF SB 238
(Updated February 17, 2009 4:48 pm - DI 106)
Citations Affected: IC 35-46; noncode.
Synopsis: Crimes against animals. Provides that a person neglects an
animal for purposes of the animal cruelty statute if the person restrains
the animal in a manner that causes the animal to suffer: (1) serious
permanent disfigurement; (2) serious temporary disfigurement; (3)
permanent or protracted loss or impairment of the function of a bodily
part or organ; or (4) a fracture.
Effective: July 1, 2009.
January 7, 2009, read first time and referred to Committee on Corrections, Criminal, and
February 19, 2009, amended, reported favorably _ Do Pass.
February 20, 2009
First Regular Session 116th General Assembly (2009)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2008 Regular Session of the General Assembly.
SENATE BILL No. 238
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 35-46-3-0.5; (09)SB0238.1.1. -->
SECTION 1. IC 35-46-3-0.5, AS ADDED BY P.L.171-2007,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 0.5. The following definitions apply throughout
(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, or
to throw the animal against an object causing the animal to suffer
severe pain or injury. The term does not include reasonable
training or disciplinary techniques.
(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 or drink, if the animal is dependent upon the
person for the provision of food or drink;
(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;
(iii) causes the animal to choke; or
(iv) restrains the animal in a manner that causes the
animal to suffer serious permanent disfigurement,
serious temporary disfigurement, permanent or
protracted loss or impairment of the function of a bodily
part or organ, or a fracture.
(5) "Torture" means:
(A) to inflict extreme physical pain or injury on an animal with
the sole 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 and suffer harm, pain, or physical injury.
SOURCE: ; (09)SB0238.1.2. -->
SECTION 2. [EFFECTIVE JULY 1, 2009] IC 35-46-3-0.5, as
amended by this act, applies only to crimes committed after June