2
3
4
5
6 Cosponsors:
7 Melvin R. Brown
Scott H. Chew
Gage Froerer
Douglas V. Sagers
Scott D. Sandall
8
9 LONG TITLE
10 General Description:
11 This bill modifies the Utah Criminal Code regarding destruction of livestock.
12 Highlighted Provisions:
13 This bill:
14 ▸ establishes a guideline for a court when ordering a person convicted of wanton
15 destruction of livestock to pay restitution for cattle and sheep that are destroyed.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 76-6-111, as last amended by Laws of Utah 2010, Chapter 193
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 76-6-111 is amended to read:
26 76-6-111. Wanton destruction of livestock -- Penalties -- Restitution criteria --
27 Seizure and disposition of property.
28 (1) As used in this section:
29 (a) "Law enforcement officer" [
30 53-13-103.
31 (b) "Livestock" means a domestic animal or fur bearer raised or kept for profit,
32 including:
33 (i) cattle;
34 (ii) sheep;
35 (iii) goats;
36 (iv) swine;
37 (v) horses;
38 (vi) mules;
39 (vii) poultry; and
40 (viii) domesticated elk as defined in Section 4-39-102.
41 (2) Unless authorized by Section 4-25-4, 4-25-5, 4-25-14, 4-39-401, or 18-1-3, a
42 person is guilty of wanton destruction of livestock if that person:
43 (a) injures, physically alters, releases, or causes the death of livestock; and
44 (b) does so:
45 (i) intentionally or knowingly; and
46 (ii) without the permission of the owner of the livestock.
47 (3) Wanton destruction of livestock is punishable as a:
48 (a) class B misdemeanor if the aggregate value of the livestock is $500 or less;
49 (b) class A misdemeanor if the aggregate value of the livestock is more than $500, but
50 does not exceed $1,500;
51 (c) third degree felony if the aggregate value of the livestock is more than $1,500, but
52 does not exceed $5,000; and
53 (d) second degree felony if the aggregate value of the livestock is more than $5,000.
54 (4) When a court orders a person who is convicted of wanton destruction of livestock
55 to pay restitution under Title 77, Chapter 38a, Crime Victims Restitution Act, the court shall
56 consider, in addition to the restitution criteria in Section 77-38a-302, the restitution guidelines
57 in Subsection (5) when setting the amount.
58 (5) The minimum restitution value for cattle and sheep is the sum of the following,
59 unless the court states on the record why it finds the sum to be inappropriate:
60 (a) the fair market value of the animal, using as a guide the market information
61 obtained from the Department of Agriculture and Food created under Section 4-2-1; and
62 (b) 10 years times the average annual value of offspring, for which average annual
63 value is determined using data obtained from the National Agricultural Statistics Service within
64 the United States Department of Agriculture, for the most recent 10-year period available.
65 [
66 forfeiture under the procedures and substantive protections established in Title 24, [
67
68 [
69 Subsection (2):
70 (a) upon notice and service of process issued by a court having jurisdiction over the
71 property; or
72 (b) without notice and service of process if:
73 (i) the seizure is incident to an arrest under:
74 (A) a search warrant; or
75 (B) an inspection under an administrative inspection warrant;
76 (ii) the material, device, or vehicle has been the subject of a prior judgment in favor of
77 the state in a criminal injunction or forfeiture proceeding under this section; or
78 (iii) the peace officer has probable cause to believe that the property has been used in
79 violation of Subsection (2).
80 [
81 but is in custody of the law enforcement agency making the seizure, subject only to the orders
82 and decrees of a court or official having jurisdiction.
83 (b) A peace officer who seizes a material, device, or vehicle under this section may:
84 (i) place the property under seal;
85 (ii) remove the property to a place designated by the warrant under which it was seized;
86 or
87 (iii) take custody of the property and remove it to an appropriate location for
88 disposition in accordance with law.