HB242INTRODUCED
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28B2SS-1
By Representatives Crawford, Standridge, Shedd, Lee, Smith,
Whitt, Wood (D), Kitchens, Pettus, Moore (P), Reynolds,
Lovvorn, Hammett, Ingram
RFD: Agriculture and Forestry
First Read: 04-Apr-23
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7 28B2SS-1 02/23/2023 ZAK (L)cr 2023-516
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SYNOPSIS:
Under existing law, a person is guilty of
permitting livestock or animals to run at large in the
State of Alabama upon the premises of another or public
lands if they do so knowingly, voluntarily,
negligently, or willfully.
This bill would provide that no municipal
governing body may adopt or continue in effect any
ordinance, rule, resolution, or directive that
prohibits this same conduct but does not require the
same mental state as state law.
This bill would also make nonsubstantive,
technical revisions to update the existing code
language to current style.
A BILL
TO BE ENTITLED
AN ACT
Relating to livestock; to amend Section 3-5-2, Code of
Alabama 1975, to provide that no municipal governing body may
adopt or continue in effect any ordinance, rule, resolution,
or directive that prohibits a person from permitting their
livestock or animals to run at large on the premises of
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another or public land which does not require the same mens
rea as state law; and to make nonsubstantive, technical
revisions to update the existing code language to current
style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 3-5-2, Code of Alabama 1975, is
amended to read as follows:
"ยง3-5-2
(a) It shall be unlawful for the owner of any livestock
or animal, as defined in Section 3-5-1, to knowingly,
voluntarily, negligently , or wilfully permit any such
livestock or animal to go run at large in the State of Alabama
either upon the premises of another or upon the public lands,
highways, roads, or streets in the State of Alabama.
(b) Nothing in this section or elsewhere in this
chapter shall be construed to make it unlawful for livestock
or other animals to run at large on the premises of another
when the owner or person in charge of the premises has
consented in writing to let allow livestock or other animals
to run at large on the same or to subject the owner of such
livestock or other animals to criminal prosecution therefor
premises.
(c) There shall be no "open range" counties in this
state. This section shall apply to all counties within the
state.
(d) Any person or persons owning or having the
possession, custody , or control of any livestock who
unlawfully and knowingly permit the same to run or be at
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large, shall be guilty of a misdemeanor, and, on conviction,
shall be fined not less than double the damages sustained by
the injured party or parties, but in no case more than $50.00
fifty dollars ($50) , one half of such fine to go to the
injured party or parties, and may also be imprisoned in the
county jail or sentenced to hard labor for the county for a
term not exceeding six months at the discretion of the court
trying the case.
(e) No municipal governing body may adopt or continue
in effect any ordinance, rule, resolution, or other directive
that is inconsistent with this section. For purposes of this
subsection, an ordinance, rule, resolution, or directive shall
be considered inconsistent with this section if it proscribes
the same conduct prohibited by this section and provides no
requisite mental state or a mental state different than what
is provided in subsection (a) or (d). "
Section 2. This act shall become effective on the first
day of the third month following its passage and approval by
the Governor, or its otherwise becoming law.
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