S.B.
1001
ANIMAL TORTURE OFFENSE
senate floor
Amendments
Amendment 1 August 21, 2007 2:58 pm
Senator Gene Davis
proposes the following amendments:
1. Page
1, Lines 23 through 25
:
23
{
. provides that the court shall state on the record the reasons a person convicted of
24
animal cruelty is not required to receive treatment, pay restitution, or to not have
25
possession of animals for a specified period;
}
2. Page
4, Lines 100 through 102
:
100
(D)
{
protected and unprotected
}
wildlife
,
as defined in Section
23-13-2
, including
protected and unprotected wildlife
; and
101
(E) animals kept or owned for the purpose of training hunting dogs or
{
falcons
}
raptors
and
102
cared for in accordance with accepted husbandry practices.
3. Page
6, Line 180 through Page 7, Line 186
:
180
[(9)] (11) (a)
{
(i)
}
Upon conviction under this section, the court [may in its discretion, in
181
addition to other]
{
shall
}
may:
(i)
order that the defendant comply with the requirements in Subsections
182
(11)(b) and (c)
{
unless the court states on the record the reasons the court finds imposition of
183
any of the provisions to be inappropriate.
}
; and
184
(ii)
{
The court may
}
impose any additional penalties[:] as the court finds appropriate to
185
the case before it.
186
[(a)] (b) The court
{
shall
}
may
order the defendant:
4. Page
7, Lines 198 through 199
:
(c) The court may enter an order disposing of an animal subjected to a violation of this section.
198
{
[
}
(d)
{
]
}
{
(c) The court shall order the animal to be [placed] cared for or disposed
of
}
An order disposing of an animal under Subsection (11)(c) shall provide for disposition
in the
199
following order of priority, with Subsection (11)
{
(c)
}
(d)
(i) being the first priority:
5. Page
10, Lines 282 through 292
:
282
{
(4) (a) The prosecuting attorney, or grand jury if an indictment is returned, shall
283
provide written notice upon the information or indictment that the defendant is subject to an
284
enhanced degree of offense or penalty under Subsection (3). The notice shall be served upon
285
the defendant or his attorney not later than ten days prior to trial.
286
(b) If the notice is not included initially, the court may subsequently allow the
287
prosecutor to amend the charging document to include the notice if the court finds:
288
(i) that the amended charging documents, including any statement of probable cause,
289
provide notice that the defendant is subject to an enhanced penalty provided under this section;
290
and
291
(ii) that the defendant has not otherwise been substantially prejudiced by the
292
amendment.
}
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sb1001.sfa.01.wpd
LRGC
TomVaughn
TomVaughn