HB249INTRODUCED Page 0 HB249 8A1XHHH-1 By Representatives Colvin, Stadthagen RFD: Agriculture and Forestry First Read: 11-Feb-25 1 2 3 4 5 8A1XHHH-1 02/11/2025 ZAK (L)ZAK 2025-9 Page 1 First Read: 11-Feb-25 SYNOPSIS: Under existing law, an individual commits the crime of cruelty to a dog or cat when he or she takes certain actions. The law also defines the term "cruel" to include abandonment of a dog or cat for purposes of committing this crime. This bill would specifically prohibit the abandonment of a dog or cat and provide a criminal penalty for a violation. 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 dogs and cats; to amend Sections 13A-11-240 and 13A-11-243, Code of Alabama 1975, to define the term "abandon;" to provide for the enforcement of the crime of abandonment of a dog or cat; to make nonsubstantive, technical revisions to update the existing code language to current style; to add Section 13A-11-241.1 to the Code of Alabama 1975, to prohibit a person from abandoning a dog or cat; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HB249 INTRODUCED Page 2 1975, to prohibit a person from abandoning a dog or cat; and to provide criminal penalties for violations . BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. Sections 13A-11-240 and 13A-11-243, Code of Alabama 1975, are amended to read as follows: "§13A-11-240 (a) The word "torture" as used in this article shall mean theact of doing physical injury to a dog or cat by the infliction of inhumane treatment or gross physical abuse meant to cause said animal intensive or prolonged pain or serious physical injury, or thereby causing death due to said act. (b) The word "cruel" as used in this article shall mean: For purposes of this article, the following terms have the following meanings: (1) ABANDON. To forsake entirely or leave a dog or cat at a location without providing minimum reasonable care. (2) CRUEL. Every act, omission, or neglect , including abandonment, where unnecessary or unjustifiable pain or suffering, including abandonment, is caused or where unnecessary pain or suffering is allowed to continue. (c) The words "dog or cat" as used in this article shall mean any(3) DOG or CAT. Any domesticated member of the dog or cat family. (4) TORTURE. The act of doing physical injury to a dog or cat by the infliction of inhumane treatment or gross physical abuse that causes the dog or cat intensive or prolonged pain or serious physical injury, or thereby causing death." 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 HB249 INTRODUCED Page 3 death." "§13A-11-243 (a) Any law enforcement officer and any or agent of the a county or the municipality appointed pursuant to Section 13A-11-242, having reasonable belief, evidence of, or having found a dog or cat to be neglected or cruelly treated that has a reasonable belief of, has evidence of, or observes a violation of this article may perform do either of the following: (1) Remove the dog or cat from its present location. (2) Order the owner of the dog or cat to provide certain care to the dog or cat at the owner's expense without the removal of the dog or cat from its present location. (b) Neither the county or municipality, nor any employee or agent of the county or municipality, acting in good faith, shall be liable for any actions taken under this section, regardless of whether or not the dog or cat is returned to its owner after impoundment." Section 2. Section 13A-11-241.1 is added to the Code of Alabama 1975, to read as follows: §13A-11-241.1 (a) A person commits the crime of abandonment of a dog or cat if he or she, with criminal negligence, abandons a dog or cat. (b) Abandonment of a dog or cat is a Class A misdemeanor. Section 3. This act shall become effective on October 1, 2025. 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83