S.B.
1002
ANIMAL CRUELTY AMENDMENTS
senate floor
Amendments
Amendment 1 August 21, 2007 1:29 pm
Senator Allen M. Christensen
proposes the following amendments:
1. Page
5, Lines 131 through 134
:
131
(2) (a) A person is guilty of animal torture if the person, without having a legal
132
privilege to do so, intentionally
{
,
}
or
knowingly, and with depraved or sadistic intent, inflicts or
133
causes to be inflicted upon an animal or livestock severe physical pain or prolonged suffering,
134
regardless of whether the animal or livestock dies.
2. Page
5, Lines 139 through 150
:
139
{
(d) (i) The prosecuting attorney, or grand jury if an indictment is returned, shall provide
140
written notice upon the information or indictment that the defendant is subject to a third degree
141
felony under Subsection (2)(c).
142
(ii) The notice described in Subsection (2)(d)(i) shall be served upon the defendant or
143
the defendant's attorney no later than ten days prior to trial.
144
(iii) If the notice described in Subsection (2)(d)(i) is not included initially, the court
145
may subsequently allow the prosecutor to amend the charging document to include the notice if
146
the court finds:
147
(A) that the amended charging documents, including any statement of probable cause,
148
provide notice that the defendant is subject to a third degree felony under this section; and
149
(B) that the defendant has not otherwise been substantially prejudiced by the
150
amendment.
}
3. Page
6, Lines 177 through 180
:
177
(4) (a) A person is guilty of animal neglect, if, under circumstances not constituting
178
animal torture or cruelty to an animal, and without having a legal privilege to do so, the person,
179
in a manner not in keeping with accepted husbandry practices, intentionally, knowingly,
{
or
}
180
recklessly
, or with criminal negligence
:
4. Page
11, Line 331 through Page 12, Line 341
:
331
{
(4) (a) The prosecuting attorney, or grand jury if an indictment is returned, shall
332
provide written notice upon the information or indictment that the defendant is subject to an
333
enhanced degree of offense or penalty under Subsection (3). The notice shall be served upon
334
the defendant or his attorney not later than ten days prior to trial.
335
(b) If the notice is not included initially, the court may subsequently allow the
336
prosecutor to amend the charging document to include the notice if the court finds:
337
(i) that the amended charging documents, including any statement of probable cause,
338
provide notice that the defendant is subject to an enhanced penalty provided under this section;
339
and
340
(ii) that the defendant has not otherwise been substantially prejudiced by the
341
amendment.
}
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TomVaughn
TomVaughn