An Act To Amend the Animal Welfare Laws
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 7 MRSA §3907, sub-§1-A, as amended by PL 1993, c. 657, §1, is further amended to read:
1-A. Abandoned dog. "Abandoned dog" means a dog that has been deserted by its owner or keeper and has not been or is not being provided adequate care or continued care by the owner or keeper.
Sec. 2. 7 MRSA §3907, sub-§1-B is enacted to read:
1-B. Adequate care. "Adequate care" means the ordinary and prudent care that meets the needs of an animal, including adequately nutritious food, clean water, proper shelter and protection from the elements and medical care to maintain good health and meet the basic needs of that species of animal.
Sec. 3. 7 MRSA §3907, sub-§8-A, as amended by PL 2005, c. 510, §3, is further amended to read:
8-A. Breeding kennel. "Breeding kennel" means a location where 5 or more adult dogs, wolf hybrids or cats capable of breeding are kept and some or all of the offspring are offered for sale, sold or exchanged for value or a location where more than 16 animals are sold to the public in a 12-month period regardless of the number of adult dogs, wolf hybrids or cats capable of breeding kept at that location.
Sec. 4. 7 MRSA §3907, sub-§12-F is enacted to read:
12-F. Cruelly. "Cruelly" means to act or fail to act in a way that causes or allows unnecessary pain or suffering of an animal.
Sec. 5. 7 MRSA §3907, sub-§15-B is enacted to read:
15-B. Humanely clean conditions. "Humanely clean conditions" means that both indoor areas and outdoor enclosures are cleaned on a periodic basis to remove excretions and other waste materials, dirt and trash with sufficient frequency to minimize health hazards and to provide adequately clean living conditions for the species of animal.
Sec. 6. 7 MRSA §3907, sub-§20-A is enacted to read:
20-A. Neglect. "Neglect" means failure to provide an animal with humanely clean conditions and adequate care and other care generally considered to be ordinary and necessary for the health and well-being of that species, breed or type of animal.
Sec. 7. 7 MRSA §3916, sub-§1-A, as amended by PL 2007, c. 439, §8, is further amended to read:
1-A. Required for dogs. A person owning or keeping a dog shall, within 30 days after the dog attains the age of 6 3 months, cause the dog to be vaccinated against rabies and shall have booster vaccinations administered periodically in accordance with rules adopted by the Commissioner of Health and Human Services under section 3922, subsection 3. A wolf hybrid is required to be vaccinated in accordance with this subsection. The procedure prescribed under Title 22, chapter 251, subchapter 5 for a wolf hybrid suspected of having rabies does not change based on proof that the wolf hybrid has received a rabies vaccination.
Sec. 8. 7 MRSA §3919-D is enacted to read:
The department is authorized to temporarily impound animals within an enclosure other than at a licensed animal shelter, and such an enclosure constitutes a temporary animal shelter. Notice that an enclosure is an animal shelter must be given by placing a sign to that effect on the gate or other entrance to the enclosure.
Sec. 9. 7 MRSA §3931-A, sub-§5 is enacted to read:
5. License number requirements. A breeding kennel shall prominently display in written advertising the state-issued kennel license number. The breeding kennel shall provide its license number to a person purchasing or receiving an animal from the breeding kennel.
Sec. 10. 7 MRSA §3952, sub-§1, as amended by PL 2007, c. 170, §1, is further amended to read:
1. Procedure. Any person who is assaulted or threatened with imminent bodily injury by a dog when the assault or threat is unprovoked and occurs off the property of the owner or caretaker of the dog or any person witnessing an unprovoked assault or unprovoked threatened assault against a person or domesticated animal or a person with knowledge of an unprovoked assault or unprovoked threatened assault against a minor, within 30 days of the unprovoked assault or unprovoked threatened assault, may make written complaint to the sheriff, local law enforcement officer or animal control officer that the dog is a dangerous dog. For the purposes of this chapter, “domesticated animal” includes, but is not limited to, livestock as defined in section 3907, subsection 18-A.Upon investigation of the complaint, the sheriff, local law enforcement officer or animal control officer may issue a civil violation summons for keeping a dangerous dog.
If, upon hearing, the court finds that the dog is a dangerous dog as defined in section 3907, subsection 12-D, the court may impose a fine and shall:
A. Order the dog confined in a secure enclosure except as provided in subsection 8. For the purposes of this paragraph, "secure enclosure" means a fence or structure of at least 6 feet in height forming or making an enclosure suitable to prevent the entry of young children and suitable to confine a dangerous dog in conjunction with other measures that may be taken by the owner or keeper, such as tethering the dangerous dog. The secure enclosure must be locked, be designed with secure top, bottom and sides and be designed to prevent the animal from escaping from the enclosure; or
B. Order the dog to be euthanatized if it has killed, maimed or inflicted serious bodily injury upon a person or has a history of a prior assault.
The court may order restitution in accordance with Title 17-A, chapter 54 for any damages inflicted upon a person or a person's property.
Sec. 11. 7 MRSA §4011, sub-§1, ¶D, as amended by PL 1997, c. 456, §4, is further amended to read:
D. Injures, overworks, tortures, torments, abandons , neglects or cruelly beats or intentionally mutilates an animal; gives drugs to an animal with an intent to harm the animal; gives poison or alcohol to an animal; or exposes a poison with intent that it be taken by an animal. The owner or occupant of property is privileged to use reasonable force to eject a trespassing animal;
Sec. 12. 7 MRSA §4015, as amended by PL 2007, c. 439, §§27 and §28, is further amended to read:
No A person owning , keeping or responsible for confining or impounding any animal may fail to shall provide the animal with proper shelter , and protection from the weather and humanely clean conditions as prescribed in this section.
1. Indoor standards. Minimum indoor standards of shelter shall be are as follows set out in this subsection. A. The ambient temperature shall must be compatible with the health of the animal.
B. Indoor housing facilities shall must be adequately ventilated by natural or mechanical means to provide for the health of the animal at all times.
C. An animal contained in an indoor enclosure must be removed from the indoor enclosure daily and provided with a safe environment to allow the exercise needs of the animal to be met in a manner appropriate for the age, size and breed of the animal.
2. Outdoor standards. Minimum outdoor standards of shelter are as follows set out in this subsection. A. When sunlight is likely to cause heat exhaustion of an animal tied or caged outside, sufficient Sufficient shade by natural or artificial means must be provided to protect the an animal from direct sunlight. As used in this paragraph, "caged" does not include farm fencing used to confine livestock This paragraph does not apply to livestock confined by farm fencing.
B.
Except as provided in subsections 5 and 6, shelter from inclement weather must be as follows set out in this paragraph.
(1) An artificial shelter, with a minimum of 3 sides and a waterproof roof, appropriate to the local climatic conditions and for the species and breed of the animal must be provided as necessary for the health of the animal.
(2) If a dog is tied or confined unattended outdoors under weather conditions that adversely affect the health of the dog, a shelter of suitable size with an aboveground floor and waterproof roof must be provided in accordance with subsection 6, paragraph A to accommodate the dog and protect it from the weather and, in particular, from severe cold and direct sunlight. Inadequate shelter from cold may be indicated by the shivering of the dog due to cold weather for a continuous period of 10 minutes or by symptoms of frostbite or hypothermia. A metal barrel is not adequate shelter for a dog.
For purposes of this subparagraph, "suitable size" means that the dog can enter the shelter unimpeded and turn around, stand in a normal posture and lay down in a normal position.
C. An animal may not be confined in a building, enclosure of any kind, car, boat, vehicle , trailer, camper or vessel of any kind when extreme heat or extreme cold will be harmful to its health.
3. Space standards. Minimum space requirements for both indoor and outdoor enclosures shall include the following. A. The housing facilities shall must be structurally sound and maintained in good repair to protect the animal from injury and to contain the animal.
B. Enclosures shall must be constructed and maintained to provide sufficient space to allow each animal adequate freedom of movement. Inadequate space may be indicated by evidence of overcrowding, debility, stress or abnormal behavior patterns.
4. Humanely clean conditions. Minimum standards of sanitation necessary to provide humanely clean conditions for both indoor and outdoor enclosures shall include periodic cleanings to remove excretions and other waste materials, dirt and trash to minimize health hazards.
5. Livestock. Livestock must be provided with shelter suitable for the health of the animal. Livestock must have access to a constructed or natural shelter that is large enough to accommodate all livestock comfortably at one time. The shelter should be well drained and protect the livestock from direct sun, rain, wind and other inclement weather. Notwithstanding this subsection, shelter for equines must be provided in accordance with subsection 2, paragraph B, subparagraph (1). For purposes of this subsection, "livestock" includes large game as defined in section 1341, subsection 5 kept at a licensed commercial large game shooting area as defined in section 1341, subsection 1.
6. Dogs confined by tethering for long time periods. In addition to the requirements of subsection 2, paragraph B, subparagraph (2), when tethering is the primary means of confinement for a dog, the standards for shelter and tethering are as follows:A. A shelter must be provided that is fully enclosed except for a portal. The portal must be of a sufficient size to allow the dog unimpeded passage into and out of the structure. For dogs other than arctic breeds, the portal must be constructed with a baffle or other means of keeping wind and precipitation out of the interior. The shelter must be constructed of materials with a thermal resistance factor of 0.9 or greater and , must contain clean bedding material sufficient to retain the dog's normal body heat and must be accessible to the dog at all times; and
B.
The chain or tether must be attached to both the dog and the anchor using swivels or similar devices that prevent the chain or tether from becoming entangled or twisted. The chain or tether must be attached to a well-fitted collar or harness on the dog. For dogs other than arctic breeds, the chain or tether must be at least 5 times the length of the dog measured from the tip of its nose to the base of its tail. For arctic breeds, the chain or tether must be:
(1) At least 2.5 times the length of the dog measured from the tip of its nose to the base of its tail if the anchor is stationary; or
(2) At least 1.5 times the length of the dog measured from the tip of its nose to the base of its tail if the anchor is a pivot point allowing a 360° area of movement.
For the purposes of this subsection, "primary means of confinement" means the method used to confine a dog for periods of time that exceed 12 hours in a 24-hour period. For the purposes of this subsection, "arctic breeds" means Siberian Huskies, Alaskan Huskies, Alaskan Malamutes and other dogs with a double-layered coat and bred to live in an arctic climate.
Sec. 13. 7 MRSA §4158, sub-§1, as enacted by PL 1995, c. 589, §1, is amended to read:
1. Demand for remedy; contest. When a pet dealer wishes to contest a demand for the remedy specified in section 4155, the pet dealer may require the purchaser to produce all the veterinarian's records and the animal for examination or autopsy by a veterinarian designated by the pet dealer. The veterinarian designated by the dealer must be practicing at a veterinary clinic within 100 miles of the purchaser's residence. The pet dealer shall pay the cost of this examination or autopsy. The pet dealer has a right of recovery against the purchaser if the pet dealer is not obligated to provide a remedy under section 4155.
Sec. 14. 7 MRSA §4163, first ¶, as enacted by PL 2007, c. 439, §34, is amended to read:
A person may not advertise for sale, sell or exchange for value more than one cat or dog litter of cats or dogs in a 12-month period unless that person has a valid animal shelter, kennel, breeding kennel or pet shop license or a valid vendor's license issued under this section.
Sec. 15. 17 MRSA §1011, sub-§1-A is enacted to read:
1-A. Abandoned. "Abandoned," as it pertains to an animal, means an animal has been deserted by its owner or keeper and has not been or is not being provided adequate care or continued care by the owner or keeper.
Sec. 16. 17 MRSA §1011, sub-§1-B is enacted to read:
1-B. Adequate care. "Adequate care" means the ordinary and prudent care that meets the needs of an animal, including adequately nutritious food, clean water, proper shelter and protection from the elements and medical care to maintain good health and meet the basic needs of that species of animal.
Sec. 17. 17 MRSA §1011, sub-§12-C is enacted to read:
12-C. Cruelly. "Cruelly" means to act or fail to act in a way that causes or allows unnecessary pain or suffering of an animal.
Sec. 18. 17 MRSA §1011, sub-§12-D is enacted to read:
12-D. Domestic violence. "Domestic violence" means beating, torturing, mutilating or killing an animal without justification with the intent to threaten, intimidate, coerce, harass or terrorize a family or household member.
Sec. 19. 17 MRSA §1011, sub-§15-B is enacted to read:
15-B. Humanely clean conditions. "Humanely clean conditions" means that both indoor areas and outdoor enclosures are cleaned on a periodic basis to remove excretions and other waste materials, dirt and trash with sufficient frequency to minimize health hazards and to provide adequately clean living conditions for the species of animal.
Sec. 20. 17 MRSA §1011, sub-§20-A is enacted to read:
20-A. Neglect. "Neglect" means failure to provide an animal with humanely clean conditions and adequate care and other care generally considered to be ordinary and necessary for the health and well-being of that species, breed or type of animal.
Sec. 21. 17 MRSA §1021, sub-§1, ¶A, as enacted by PL 1987, c. 383, §4, is amended to read:
A. To take possession of any maimed, disabled, diseased, dehydrated, malnourished or injured animal or any animal whose owner has cruelly abandoned or cruelly treated it and turn over the animal to the applicant or other suitable person; or
Sec. 22. 17 MRSA §1021, sub-§3, as enacted by PL 1987, c. 383, §4, is amended to read:
3. Hearing. If it appears at the hearing that the animal has been cruelly abandoned or cruelly treated by its owner or the animal is maimed, disabled, diseased, dehydrated, malnourished or injured, the court shall:A. Direct the applicant or other suitable person to take possession of and provide for the animal , or order its sale, adoption , donation or return of the animal to its owner or placement; or
B. Order the animal to be disposed of humanely if, given reasonable time and care, the animal's recovery is doubtful.
Sec. 23. 17 MRSA §1021, sub-§4, ¶A, as amended by PL 1997, c. 690, §63, is further amended to read:
A.
A state veterinarian, humane agent, sheriff, deputy sheriff, constable, police officer, animal control officer, person authorized to make arrests or the commissioner may apply to the District Court, Superior Court or a justice of the peace for an ex parte order for authorization to take possession of any maimed, disabled, diseased, dehydrated, malnourished or injured animal or any animal whose owner has cruelly abandoned or cruelly treated it and turn it over to the applicant or any other suitable person.An order may be entered ex parte upon findings by the court or justice of the peace that there is a reasonable likelihood that:
(1) The defendant is not subject to the jurisdiction of the court for the purposes of a hearing or the owner cannot be found by reasonable diligence or is out-of-state although a resident of this State, and there is a danger that unless immediate action is taken:
(a) The condition of an injured, overworked, tormented, tortured, abandoned, poisoned or mutilated animal, or animal deprived of necessary sustenance, necessary medical attention, proper shelter or protection from the weather or humanely clean conditions will be substantially impaired or worsened;
(b) The animal's life will be jeopardized; or
(c) A great degree of medical attention will be necessary to restore the animal to a normal, healthy condition;
(2) There is a clear danger that if the owner or the owner's agent is notified in advance of the issuance of the order of court, as provided in subsection 3, the owner or the owner's agent may remove the animal from the State, conceal it or otherwise make it unavailable;
(3) There is immediate danger that the owner or the owner's agent will kill or injure the animal; or
(4) An animal is being or has been injured, overworked, tormented, tortured, abandoned, poisoned, mutilated, or deprived of necessary sustenance, necessary medical attention, proper shelter or protection from the weather or humanely clean conditions and, unless an ex parte order issues allowing the applicant to take possession of the animal, the animal will die, its condition will be substantially impaired or worsened or medical attention will be necessary to restore the animal to a normal, healthy condition.
Sec. 24. 17 MRSA §1021, sub-§5-A, as amended by PL 1995, c. 490, §24, is further amended to read:
5-A. Seizure by state humane agent or state veterinarian without court order. A state humane agent or a state veterinarian who has reasonable cause to believe that a violation of section 1031 or 1032 has taken place or is taking place may take possession of and retain the cruelly treated animal. Upon taking possession of or retaining an animal under this section, the humane agent or the state veterinarian shall present the owner with a notice that:A. States the reason for seizure;
B. Gives the name, address and phone number of the humane agent or the state veterinarian to contact for information regarding the animal; and
C. Advises the owner of the ensuing court procedure.
If the owner can not be found, the humane agent or the state veterinarian shall send a copy of the notice to the owner at the owner's last known address by certified mail, return receipt requested. If the owner is not known or can not be located, the humane agent or the state veterinarian shall contact the animal shelter or shelters used by the municipality in which the animal was found. The humane agent or the state veterinarian shall provide the shelter with a description of the animal, the date of seizure and the name of a person to contact for more information.
Within 3 working days of possession of the animal, the humane agent or the state veterinarian shall apply to the court for a possession order. The court shall set a hearing date and that hearing date must be within 10 21 days of the date the animal was seized. The humane agent or the state veterinarian shall arrange care for the animal, including medical treatment, if necessary, pending the hearing.
The humane agent or the state veterinarian shall notify the owner, if located, of the time and place of the hearing. If the owner has not been located, the court shall order a notice to be published at least once in a newspaper of general circulation in the county where the animal was found stating the case and circumstances and giving 48 hours notice of the hearing.
It is the owner's responsibility at the hearing to show cause why the animal should not be seized permanently or disposed of humanely. If it appears at the hearing that the animal has been cruelly abandoned or cruelly treated by its owner, the court shall declare the animal forfeited and order its sale, adoption or donation or order the animal to be disposed of humanely if a veterinarian determines that the animal is diseased or disabled beyond recovery.
Sec. 25. 17 MRSA §1024, as amended by PL 1997, c. 690, §68, is repealed and the following enacted in its place:
1. Impeding performance of officer. A person may not assault, resist, oppose, impede, intimidate or interfere with a person engaged in or on account of the performance of that person's official duties under this subchapter.
2. Temporary animal shelter violations. A person may not break open, trespass on or remove animals from a temporary animal shelter authorized in Title 7, section 3919-D.
Sec. 26. 17 MRSA §1028 is enacted to read:
The several district attorneys shall represent the Department of Agriculture, Food and Rural Resources in any civil or administrative procedure and prosecute all violations of this chapter that are brought to their notice by any person making a complaint under oath. The District Court and the Superior Court have concurrent jurisdiction in all prosecutions under this chapter.
Sec. 27. 17 MRSA §1031, sub-§1, ¶D, as amended by PL 2003, c. 452, Pt. I, §13 and affected by Pt. X, §2, is further amended to read:
D. Injures, overworks, tortures, torments, abandons , neglects or cruelly beats or intentionally mutilates an animal; gives drugs to an animal with an intent to harm the animal; gives poison or alcohol to an animal; or exposes a poison with intent that it be taken by an animal. The owner or occupant of property is privileged to use reasonable force to eject a trespassing animal. Violation of this paragraph is a Class D crime;
Sec. 28. 17 MRSA §1031, sub-§1-F is enacted to read:
1-F. Failure to provide minimum care for an animal. A person is guilty of failure to provide minimum care for an animal if that person, in a manner manifesting a depraved indifference to animal life or suffering, intentionally, knowingly, recklessly or with criminal negligence fails to provide minimum care for an animal in the person's care, custody or control or owned by the person, and the failure results in the death of the animal. Violation of this subsection is a Class C crime. Notwithstanding Title 17-A, section 1301, the court shall impose a fine of not less than $1,000 and not more than $10,000 for a first or subsequent violation of this subsection. The sentencing provisions in subsection 3-B also apply to a person convicted of failure to provide minimum care for an animal.
Sec. 29. 17 MRSA §1037, sub-§2, ¶B, as amended by PL 2005, c. 340, §3, is further amended to read:
B.
Except as provided in subsections 5 and 7, shelter from inclement weather must be as follows provided according to this paragraph.
(1) An artificial shelter, with a minimum of 3 sides and a waterproof roof, appropriate to the local climatic conditions for the species concerned and breed of the animal must be provided as necessary for the health of the animal.
(2) If a dog is tied or confined unattended outdoors under weather conditions that adversely affect the health of the dog, a shelter of suitable size with a an aboveground floor above ground and waterproof roof must be provided in accordance with subsection 7, paragraph A to accommodate the dog and protect it from the weather and, in particular, from severe cold and direct sunlight. Inadequate shelter from cold may be indicated by the shivering of the dog due to cold weather for a continuous period of 30 10 minutes or by symptoms of frostbite or hypothermia. A metal barrel is not adequate shelter for a dog.
For purposes of this subparagraph, "suitable size" means that the dog can enter the shelter unimpeded and turn around, stand in a normal posture and lay down in a normal position.
Sec. 30. 17 MRSA §1038, as enacted by PL 2005, c. 422, §11, is amended to read:
Abandoning an animal at a veterinarian's office, boarding kennel, animal grooming facility or , animal day-care facility or equine boarding stable is a Class D crime.
1. Determination of abandonment. There is a rebuttable presumption of abandonment An animal is considered abandoned if an owner:A. Places an animal in the custody of a licensed veterinarian for treatment, boarding or other care, or in a boarding kennel, animal grooming facility or , animal day-care facility or equine boarding stable for services offered by that facility; and
B. Fails to claim the animal within 10 days after written notice is sent in accordance with subsection 2.
2. Notice requirement. Before any animal may be considered abandoned under this section, a veterinarian's office, boarding kennel, animal grooming facility or , animal day-care facility or equine boarding stable shall send written notice, by registered or certified mail, return receipt requested, to the owner or keeper at the owner's or keeper's last known address. Proof of attempted delivery constitutes sufficient notice.
3. Ownership of abandoned animal. When an owner or keeper fails to claim an animal within 10 days of a notice being sent under subsection 2, the veterinarian, kennel, facility , stable or individual who has custody and control of the animal is considered the owner of the animal and shall arrange for its care, including, but not limited to, its adoption, sale or placement with a licensed animal shelter.
4. Financial obligation. The disposal of an abandoned animal under this section does not relieve the owner or keeper of the animal of any financial obligation, including, but not limited to, costs incurred for veterinary treatment, boarding, grooming or other care.
5. Penalty. In addition to the penalties provided in Title 17-A for a Class D crime, the penalties in section 1031, subsection 3-B also apply.
Sec. 31. 17 MRSA §1039 is enacted to read:
1. Prohibition. A person may not leave or confine an animal in an unattended motor vehicle, trailer, boat, camper or vessel of any kind under conditions that endanger the health or well-being of the animal due to heat, cold, lack of adequate ventilation or lack of food or water or other circumstance that could reasonably be expected to cause pain, suffering, injury, disability or death of an animal.
2. Officer may remove animal from motor vehicle. A law enforcement officer, humane agent or animal control officer may remove an animal from a motor vehicle, trailer, boat, camper or vessel of any kind if the animal's safety, health or well-being appears to be in immediate danger from heat, cold, lack of adequate ventilation or lack of food or water or other circumstance that could reasonably be expected to cause pain, suffering, injury, disability or death to the animal. A law enforcement officer, humane agent or animal control officer is authorized to take all steps that are reasonably necessary for the removal of an animal from a motor vehicle, trailer, boat, camper or vessel of any kind, including, but not limited to, breaking into the motor vehicle, trailer, boat, camper or vessel of any kind.
3. Officer must leave written notice. A law enforcement officer, humane agent or animal control officer who removes an animal from a motor vehicle, trailer, boat, camper or vessel of any kind shall, in a secure and conspicuous location on or within the motor vehicle, trailer, boat, camper or vessel of any kind, leave written notice bearing the officer's or agent's name and office and the address of the location where the animal may be claimed. The owner may claim the animal only after payment of all charges that have accrued for the maintenance, care, medical treatment and impoundment of the animal.
4. Immunity. A law enforcement officer, humane agent or animal control officer who removes an animal from a motor vehicle, trailer, boat, camper or vessel of any kind pursuant to this section is immune from criminal or civil liability that might otherwise result from the removal.
Nothing in this section limits the transportation of horses, cattle, pigs, sheep, poultry or other agricultural animals in motor vehicles designed to transport such animals for agricultural purposes in accordance with the rules for transportation of such animals adopted by the Department of Agriculture, Food and Rural Resources and the United States Department of Agriculture.
5. Class D crime. Violation of subsection 1 is a Class D crime.
Sec. 32. 17 MRSA §1040 is enacted to read:
1. Domestic violence assault against a companion animal. A person is guilty of domestic violence assault against a companion animal if: A. The person violates Title 17-A, section 207-A and the person also intentionally, knowingly or recklessly causes bodily injury or offensive physical contact to a companion animal as defined in Title 7, section 3907, subsection 11-A. Violation of this paragraph is a Class D crime; or
B.
The person violates paragraph A and at the time of the offense:
(1) The person has one or more prior convictions for violating paragraph A or for violating Title 17-A, section 209-A, 210-B, 210-C or 211-A or has one or more prior convictions for engaging in conduct substantially similar to that contained in paragraph A or in Title 17-A, section 209-A, 210-B, 210-C or 211-A in another jurisdiction;
(2) The person has one or more prior convictions for violating Title 19-A, section 4011, subsection 1 or one or more prior convictions for engaging in conduct substantially similar to that contained in Title 19-A, section 4011, subsection 1 in another jurisdiction; or
(3) The person has one or more prior convictions for violating Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or subparagraph (8) when the alleged victim in the case for which the defendant was on bail was a family or household member as defined in Title 19-A, section 4002, subsection 4.
Violation of this paragraph is a Class C crime.
Sec. 33. 17 MRSA §1040-A is enacted to read:
1. Domestic violence criminal threatening against a companion animal. A person is guilty of domestic violence criminal threatening against a companion animal if: A. The person violates Title 17-A, section 209-A and also causes the other person to fear that imminent bodily injury may come to a companion animal as defined in Title 7, section 3907, subsection 11-A in the care, custody or control of or owned, possessed, leased, kept or held by either person or a minor residing in the household. Violation of this paragraph is a Class D crime; or
B.
The person violates paragraph A and at the time of the offense:
(1) The person has one or more prior convictions for violating paragraph A or for violating Title 17-A, section 207-A, 210-B, 210-C or 211-A or has one or more prior convictions for engaging in conduct substantially similar to that contained in paragraph A or in Title 17-A, section 207-A, 210-B, 210-C or 211-A in another jurisdiction;
(2) The person has one or more prior convictions for violating Title 19-A, section 4011, subsection 1 or one or more prior convictions for engaging in conduct substantially similar to that contained in Title 19-A, section 4011, subsection 1 in another jurisdiction; or
(3) The person has one or more prior convictions for violating Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or subparagraph (8) when the alleged victim in the case for which the defendant was on bail was a family or household member as defined in Title 19-A, section 4002, subsection 4.
Violation of this paragraph is a Class C crime.
Sec. 34. 17 MRSA §1040-B is enacted to read:
1. Domestic violence terrorizing of a companion animal. A person is guilty of domestic violence terrorizing of a companion animal if: A. The person violates Title 17-A, section 210-B and the person communicates to the other person a threat to commit or to cause to be committed a crime of violence against a companion animal as defined in Title 7, section 3907, subsection 11-A in the care, custody or control of or owned, possessed, leased, kept or held by either party or a minor residing in the household. Violation of this paragraph is a Class D crime; or
B.
The person violates paragraph A and at the time of the offense:
(1) The person has one or more prior convictions for violating paragraph A or for violating Title 17-A, section 207-A, 209-A, 210-C or 211-A or has one or more prior convictions for engaging in conduct substantially similar to that contained in paragraph A or in Title 17-A, section 207-A, 209-A, 210-C or 211-A in another jurisdiction;
(2) The person has one or more prior convictions for violating Title 19-A, section 4011, subsection 1 or one or more prior convictions for engaging in conduct substantially similar to that contained in Title 19-A, section 4011, subsection 1 in another jurisdiction; or
(3) The person has one or more prior convictions for violating Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or subparagraph (8) when the alleged victim in the case for which the defendant was on bail was a family or household member as defined in Title 19-A, section 4002, subsection 4.
Violation of this paragraph is a Class C crime.
Sec. 35. 17 MRSA §1040-C is enacted to read:
1. Domestic violence reckless conduct against a companion animal. A person is guilty of domestic violence reckless conduct against a companion animal if: A. The person violates Title 17-A, section 211-A and the person recklessly creates a substantial risk of serious bodily injury to a companion animal as defined in Title 7, section 3907, subsection 11-A in the care, custody or control of or owned, possessed, leased, kept or held by either party or a minor residing in the household. Violation of this paragraph is a Class D crime; or
B.
The person violates paragraph A and at the time of the offense:
(1) The person has one or more prior convictions for violating paragraph A or for violating Title 17-A, section 207-A, 209-A, 210-B or 210-C or has one or more prior convictions for engaging in conduct substantially similar to that contained in paragraph A or in Title 17-A, section 207-A, 209-A, 210-B or 210-C in another jurisdiction;
(2) The person has one or more prior convictions for violating Title 19-A, section 4011, subsection 1 or one or more prior convictions for engaging in conduct substantially similar to that contained in Title 19-A, section 4011, subsection 1 in another jurisdiction; or
(3) The person has one or more prior convictions for violating Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or subparagraph (8) when the alleged victim in the case for which the defendant was on bail was a family or household member as defined in Title 19-A, section 4002, subsection 4.
Violation of this paragraph is a Class C crime.
summary
This bill amends the Maine Revised Statutes, Title 7 to improve the specificity of some of the definitions used in the Animal Welfare Act, to provide for a temporary animal shelter, to impose a requirement that breeding kennels display kennel license numbers when advertising, to add neglect to the crime of cruelty to animals and to strengthen the requirement for proper shelter.
The bill amends Title 17 to refine some of the definitions and to strengthen laws pertaining to cruelty to animals and shelter requirements. The bill establishes new crimes related to unattended animals in motor vehicles and domestic violence against animals.