1     
ANIMAL CRUELTY MODIFICATIONS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Gene Davis

5     
House Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends cruelty to animal provisions.
10     Highlighted Provisions:
11          This bill:
12          ▸     creates and modifies definitions;
13          ▸     modifies the offense of cruelty to animals;
14          ▸     modifies civil liability for reporting animal cruelty under certain conditions; and
15          ▸     makes technical and conforming changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          76-9-301, as last amended by Laws of Utah 2021, Chapter 57
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 76-9-301 is amended to read:
26          76-9-301. Cruelty to animals.
27          (1) As used in this section:
28          (a) (i) "Abandon" means to intentionally deposit, leave, or drop off any live animal:
29          (A) without providing for the adequate care of [that] the animal[, in accordance with
30     accepted animal husbandry practices or customary farming practices]; or
31          (B) in a situation where conditions present an immediate, direct, and serious threat to
32     the life, safety, or health of the animal.
33          (ii) "Abandon" does not include returning wildlife to [its] the wildlife's natural habitat.
34          (b) "Adequate care" means the provision of sufficient food, water, shelter, sanitary
35     conditions, exercise, and veterinary medical attention necessary to maintain an animal in a state
36     of good health, taking into account:
37          (i) the animal's species, age, and physical condition; and
38          (ii) accepted veterinary medicine practices, good animal husbandry practices, or
39     customary farming practices.
40          [(b)] (c) (i) "Animal" means, except as provided in Subsection (1)[(b)](c)(ii), a live,
41     nonhuman vertebrate [creature] member of the biological kingdom Animalia.
42          (ii) "Animal" does not include:
43          (A) a live, nonhuman vertebrate [creature] member of the biological kingdom
44     Animalia, if:
45          (I) the conduct toward the [creature] nonhuman vertebrate, and the care provided to the
46     [creature] nonhuman vertebrate, is in accordance with [accepted] good animal husbandry
47     practices; and
48          (II) the [creature] nonhuman vertebrate is:
49          (Aa) owned or kept by a zoological park that is accredited by, or a member of, the
50     American Zoo and Aquarium Association;
51          (Bb) kept, owned, or used for the purpose of training hunting dogs or raptors; or
52          (Cc) temporarily in the state as part of a circus or traveling exhibitor licensed by the
53     United States Department of Agriculture under 7 U.S.C. 2133;
54          (B) a live, nonhuman vertebrate [creature] member of the biological kingdom Animalia
55     that is owned, kept, or used for rodeo purposes, if the conduct toward the [creature] nonhuman
56     vertebrate, and the care provided to the [creature] nonhuman vertebrate, is in accordance with
57     accepted rodeo practices;
58          (C) livestock, if the conduct toward the [creature] livestock, and the adequate care
59     provided to the [creature] livestock, is in accordance with [accepted] good animal husbandry
60     practices or customary farming practices; [or]
61          (D) a production animal, if the conduct toward the production animal, and the adequate
62     care provided to the production animal, is in accordance with good animal husbandry practices
63     or customary farming practices; or
64          [(D)] (E) wildlife, as defined in Section 23-13-2, including protected and unprotected
65     wildlife, if the conduct toward the wildlife is in accordance with lawful hunting, fishing, or
66     trapping practices or other lawful practices.
67          [(c)] (d) (i) "Companion animal" means an animal that is [a domestic dog or a domestic
68     cat] kept solely as a pet and is not used as a production animal.
69          (ii) "Companion animal" includes a domestic dog, cat, rabbit, bird, or other animal.
70          [(d)] (e) "Custody" means ownership, possession, or control over an animal.
71          (f) (i) "Good animal husbandry practices" means animal husbandry practices in
72     accordance with accepted veterinary medicine practices or humane animal husbandry practices.
73          (ii) "Good animal husbandry practices" includes dehorning of cattle, docking of sheep
74     or swine, and castration or neutering of livestock in accordance with accepted veterinary
75     medicine practices or humane animal husbandry practices.
76          [(e)] (g) "Legal privilege" means an act that:
77          (i) is authorized by state law, including Division of Wildlife Resources rules made in
78     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
79          (ii) is not in violation of a local ordinance.
80          [(f)] (h) "Livestock" means:
81          (i) domesticated:
82          (A) cattle;
83          (B) sheep;
84          (C) goats;
85          (D) turkeys;
86          (E) swine;
87          (F) equines;
88          (G) camelidae;
89          (H) cervidae;
90          [(H)] (I) ratites; or
91          [(I)] (J) bison;
92          (ii) domesticated elk, as defined in Section 4-39-102;
93          (iii) a livestock guardian dog[, as defined in Section 76-6-111]; or
94          (iv) any domesticated nonhuman vertebrate [creature] member of the biological
95     kingdom Animalia, domestic furbearer, or domestic poultry, raised, kept, or used for
96     agricultural purposes.
97          [(g) "Necessary food, water, care, or shelter" means the following, taking into account
98     the species, age, and physical condition of the animal:]
99          [(i) appropriate and essential food and water;]
100          [(ii) adequate protection, including appropriate shelter, against extreme weather
101     conditions; and]
102          [(iii) other essential care.]
103          (i) "Livestock guardian dog" means the same as that term is defined in Section
104     76-6-111.
105          (j) (i) "Production animal" means a live, nonhuman vertebrate member of the
106     biological kingdom Animalia used for the purpose of producing, or being sold to another for
107     the purpose of producing, food, fiber, or other commercial product.
108          (ii) "Production animal" includes:
109          (A) cattle;
110          (B) sheep;
111          (C) goats;
112          (D) swine;
113          (E) poultry;
114          (F) ratites;
115          (G) equines;
116          (H) domestic cervidae;
117          (I) cameliadae;
118          (J) a guard dog;
119          (K) a stock dog;
120          (L) a livestock guardian dog; and
121          (M) a furbearing animal kept for the purpose of commercial fur production.
122          (k) "Sanitary conditions" means a space free from a health hazard, including excessive
123     animal waste, animal overcrowding, or a condition that could endanger an animal's health,
124     unless that condition results from reasonable and customary farming practices or good animal
125     husbandry practices.
126          (l) (i) "Shelter," as the term relates to an animal, means a barn, dog house, or other
127     enclosed structure:
128          (A) sufficient to maintain an animal in a state of good health and to protect the animal
129     from the elements and weather conditions;
130          (B) suitable for the age, species, and physical condition of the animal; and
131          (C) sufficiently maintained to protect the animal from injury or weather conditions.
132          (ii) "Shelter," as the term relates to an animal, does not include:
133          (A) a crawl space, including under a building, part of a building, a stoop, a deck, or a
134     step;
135          (B) the space under a vehicle;
136          (C) the interior of a vehicle, if the animal is kept in the vehicle in a manner or for a
137     length of time that is likely to be detrimental to the animal's safety;
138          (D) an animal carrier or crate that is designed for temporary transport or temporary
139     housing;
140          (E) a structure made of cardboard or another material that is easily degradable;
141          (F) a structure with a wire floor or chain link floor, unless the animal is a bird; or
142          (G) a space that is surrounded by waste, debris, obstructions, or impediments that
143     could adversely affect an animal's health.
144          (iii) "Shelter," as the term relates to a production animal, means a type of shelter
145     consistent with good animal husbandry practices or customary and reasonable farming
146     practices.
147          [(h)] (m) "Torture" means intentionally or knowingly causing or inflicting extreme
148     physical pain to an animal in an especially heinous, atrocious, cruel, or exceptionally depraved
149     manner.
150          (2) Except as provided in Subsection (4) or (6), [a person] an actor is guilty of cruelty
151     to an animal if the [person] actor, without legal privilege to do so, intentionally, knowingly,
152     recklessly, or with criminal negligence:
153          (a) fails to provide [necessary food, water, care, or shelter] adequate care for an animal
154     in the [person's] actor's custody;
155          (b) abandons an animal in the [person's] actor's custody;
156          (c) injures an animal;
157          (d) causes [any] an animal, not including a dog or game fowl, to fight with another
158     animal of like kind for amusement or gain; or
159          (e) causes [any] an animal, including a dog or game fowl, to fight with a different kind
160     of animal or [creature] nonhuman vertebrate member of the biological kingdom Animalia for
161     amusement or gain.
162          (3) Except as provided in Section 76-9-301.7, a violation of Subsection (2) is:
163          (a) a class B misdemeanor if committed intentionally or knowingly; and
164          (b) a class C misdemeanor if committed recklessly or with criminal negligence.
165          (4) [A person] An actor is guilty of aggravated cruelty to an animal if the person:
166          (a) tortures an animal;
167          (b) administers, or causes to be administered, poison or a poisonous substance to an
168     animal; or
169          (c) kills an animal or causes an animal to be killed without having a legal privilege to
170     do so.
171          (5) Except as provided in Subsection (6) or Section 76-9-301.7, a violation of
172     Subsection (4) is:
173          (a) a class A misdemeanor if committed intentionally or knowingly;
174          (b) a class B misdemeanor if committed recklessly; and
175          (c) a class C misdemeanor if committed with criminal negligence.
176          (6) [A person] An actor is guilty of a third degree felony if the [person] actor
177     intentionally or knowingly tortures or kills a companion animal.
178          (7) It is a defense to prosecution under this section that the conduct of the actor towards
179     the animal was:
180          (a) by a licensed veterinarian using accepted veterinary practice;
181          (b) directly related to bona fide experimentation for scientific research, provided that if
182     the animal is to be destroyed, the manner employed will not be unnecessarily cruel unless
183     directly necessary to the veterinary purpose or scientific research involved;
184          (c) permitted under Section 18-1-3;
185          (d) by [a person] an actor who humanely destroys [any] an animal found suffering past
186     recovery for any useful purpose; or
187          (e) by [a person] an actor who humanely destroys [any] an apparently abandoned
188     animal found on the [person's] actor's property.
189          (8) For purposes of Subsection (7)(d), before destroying the suffering animal, the
190     [person] actor who is not the owner of the animal shall obtain:
191          (a) the judgment of a veterinarian of the animal's nonrecoverable condition;
192          (b) the judgment of two other [persons] individuals called by the [person] actor to view
193     the unrecoverable condition of the animal in the [person's] actor's presence;
194          (c) the consent from the owner of the animal to the destruction of the animal; or
195          (d) a reasonable conclusion that the animal's suffering is beyond recovery, through the
196     [person's] actor's own observation, if the [person] actor is in a location or circumstance [where
197     the person] in which the actor is unable to contact another [person] individual.
198          (9) This section does not affect or prohibit:
199          (a) the training, instruction, and grooming of animals, if the methods used are in
200     accordance with [accepted] good animal husbandry practices or customary farming practices;
201          (b) the use of an electronic locating or training collar by the owner of an animal for the
202     purpose of lawful animal training, lawful hunting practices, or protecting against loss of that
203     animal; or
204          (c) the lawful hunting of, fishing for, or trapping of, wildlife.
205          (10) County and municipal governments may not prohibit the use of an electronic
206     locating or training collar.
207          (11) Upon conviction under this section, the court may in [its] the court's discretion[,]
208     and in addition to other penalties:
209          (a) order the defendant to be evaluated to determine the need for psychiatric or
210     psychological counseling, to receive counseling as the court determines to be appropriate, and
211     to pay the costs of the evaluation and counseling;
212          (b) require the defendant to forfeit any rights the defendant has to the animal subjected
213     to a violation of this section and to repay the reasonable costs incurred by any person or agency
214     in caring for each animal subjected to violation of this section;
215          (c) order the defendant to no longer possess or retain custody of any animal, as
216     specified by the court, during the period of the defendant's probation or parole or other period
217     as designated by the court; [and]
218          (d) prohibit the defendant from residing with an animal; or
219          [(d)] (e) order the animal to be placed for the purpose of adoption or care in the
220     custody of a county or municipal animal control agency or an animal welfare agency registered
221     with the state to be sold at public auction or humanely destroyed.
222          (12) This section does not prohibit the use of animals in lawful training.
223          (13) A veterinarian who, acting in good faith, reports a violation of this section to law
224     enforcement, a county or municipal animal control agency, or an animal welfare agency may
225     not be held civilly liable for making the report.