Connecticut Seal

General Assembly

File No. 547

    February Session, 2018

Substitute Senate Bill No. 241

Senate, April 17, 2018

The Committee on Judiciary reported through SEN. DOYLE of the 9th Dist. and SEN. KISSEL of the 7th Dist., Chairpersons of the Committee on the part of the Senate, that the substitute bill ought to pass.

AN ACT CONCERNING THE PENALTY FOR THE INTENTIONAL INJURY OR KILLING OF POLICE ANIMALS OR DOGS IN VOLUNTEER CANINE SEARCH AND RESCUE TEAMS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 53-247 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a) Any person who overdrives, drives when overloaded, overworks, tortures, deprives of necessary sustenance, mutilates or cruelly beats or kills or unjustifiably injures any animal, or who, having impounded or confined any animal, fails to give such animal proper care or neglects to cage or restrain any such animal from doing injury to itself or to another animal or fails to supply any such animal with wholesome air, food and water, or unjustifiably administers any poisonous or noxious drug or substance to any domestic animal or unjustifiably exposes any such drug or substance, with intent that the same shall be taken by an animal, or causes it to be done, or, having charge or custody of any animal, inflicts cruelty upon it or fails to provide it with proper food, drink or protection from the weather or abandons it or carries it or causes it to be carried in a cruel manner, or fights with or baits, harasses or worries any animal for the purpose of making it perform for amusement, diversion or exhibition, shall, for a first offense, be fined not more than one thousand dollars or imprisoned not more than one year or both, and for each subsequent offense, shall be guilty of a class D felony.

(b) Any person who maliciously and intentionally maims, mutilates, tortures, wounds or kills an animal shall, (1) for a first offense, be guilty of a class D felony, and (2) for any subsequent offense, be guilty of a class C felony. The provisions of this subsection shall not apply to any licensed veterinarian while following accepted standards of practice of the profession or to any person while following approved methods of slaughter under section 22-272a, while performing medical research as an employee of, student in or person associated with any hospital, educational institution or laboratory, while following generally accepted agricultural practices or while lawfully engaged in the taking of wildlife.

(c) Any person who knowingly (1) owns, possesses, keeps or trains an animal engaged in an exhibition of fighting for amusement or gain, (2) possesses, keeps or trains an animal with the intent that it be engaged in an exhibition of fighting for amusement or gain, (3) permits an act described in subdivision (1) or (2) of this subsection to take place on premises under his control, (4) acts as judge or spectator at an exhibition of animal fighting for amusement or gain, or (5) bets or wagers on the outcome of an exhibition of animal fighting for amusement or gain, shall be guilty of a class D felony.

(d) Any person who intentionally injures or kills any animal while such animal is in the performance of its duties under the supervision of a peace officer, as defined in section 53a-3, or intentionally injures or kills a dog that is a member of a volunteer canine search and rescue team, as defined in section 5-249, while such dog is in the performance of its duties under the supervision of the active individual member of such team, shall be guilty of a class [D] C felony.

[(e) Any person who intentionally kills any animal while such animal is in the performance of its duties under the supervision of a peace officer, as defined in section 53a-3, or intentionally kills a dog that is a member of a volunteer canine search and rescue team, as defined in section 5-249, while such dog is in the performance of its duties under the supervision of the active individual member of such team, shall be fined not more than ten thousand dollars or imprisoned not more than ten years, or both.]

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2018

53-247

JUD

Joint Favorable Subst.

 

The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.


OFA Fiscal Note

State Impact: None

Municipal Impact: None

Explanation

The bill increases the penalty for intentionally injuring certain animals. While there were seven violations of the offense in FY 17, there were no fines levied for these violations and no persons incarcerated or on probation. Therefore it is anticipated that the bill does not result in a fiscal impact.

The Out Years

State Impact: None

Municipal Impact: None

OLR Bill Analysis

sSB 241

AN ACT CONCERNING THE PENALTY FOR THE INTENTIONAL INJURY OR KILLING OF POLICE ANIMALS OR DOGS IN VOLUNTEER CANINE SEARCH AND RESCUE TEAMS.

SUMMARY

This bill increases the criminal penalty for intentionally injuring (1) an animal performing its duties under a peace officer's supervision or (2) a dog performing its duties as a member of a volunteer canine search and rescue team.

Under current law, intentionally (1) injuring such an animal is a class D felony, punishable by up to five years' imprisonment, a fine of up to $5,000, or both, and (2) killing such an animal is an unclassified felony punishable by up to 10 years' imprisonment, a fine of up to $10,000, or both.

The bill instead makes intentionally injuring or killing such an animal a class C felony, punishable by up to 10 years' imprisonment, a fine of up to $10,000, or both.

EFFECTIVE DATE: October 1, 2018

COMMITTEE ACTION

Judiciary Committee

Joint Favorable Substitute

Yea

39

Nay

0

(04/02/2018)

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