Kansas 2023-2024 Regular Session

Kansas Senate Bill SB503 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Session of 2024
2	2	SENATE BILL No. 503
3	3	By Committee on Federal and State Affairs
4	4	2-12
5	5	AN ACT concerning crimes, punishment and criminal procedure; relating
6	6	to crimes against public morals; cruelty to animals; increasing the
7	7	criminal penalties for knowingly and maliciously abandoning any
8	8	animal in any place without making provisions for the proper care of
9	9	the animal; amending K.S.A. 21-6412 and repealing the existing
10	10	section.
11	11	WHEREAS, The amendments made to K.S.A. 21-6412 by this act shall
12	12	be known as Bowie's law.
13	13	Now, therefore:
14	14	Be it enacted by the Legislature of the State of Kansas:
15	15	Section 1. K.S.A. 21-6412 is hereby amended to read as follows: 21-
16	16	6412. (a) Cruelty to animals is:
17	17	(1) Knowingly and maliciously killing, injuring, maiming, torturing,
18	18	burning or mutilating any animal;
19	19	(2) knowingly and maliciously abandoning any animal in any place
20	20	without making provisions for the proper care of the animal;
21	21	(3) knowingly abandoning any animal in any place without making
22	22	provisions for its the proper care of the animal;
23	23	(3)(4) having physical custody of any animal and knowingly failing
24	24	to provide such food, potable water, protection from the elements,
25	25	opportunity for exercise and other care as is needed for the health or well-
26	26	being of such kind of animal;
27	27	(4)(5) intentionally using a wire, pole, stick, rope or any other object
28	28	to cause an equine to lose its balance or fall, for the purpose of sport or
29	29	entertainment;
30	30	(5)(6) knowingly but not maliciously killing or injuring any animal;
31	31	or
32	32	(6)(7) knowingly and maliciously administering any poison to any
33	33	domestic animal.
34	34	(b) Cruelty to animals as defined in:
35	35	(1) Subsection (a)(1) or (a)(6), (a)(2) or (a)(7) is a nonperson felony.
36	36	Upon conviction of a violation of subsection (a)(1) or (a)(6), (a)(2) or (a)
37	37	(7), a person shall be sentenced to not less than 30 days or more than one
38	38	year's year of imprisonment and be fined not less than $500 nor more than
39	39	$5,000. The person convicted shall not be eligible for release on probation,
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76	76	suspension or reduction of sentence or parole until the person has served
77	77	the minimum mandatory sentence as provided herein in this paragraph.
78	78	During the mandatory 30 days of imprisonment, such offender shall have a
79	79	psychological evaluation prepared for the court to assist the court in
80	80	determining conditions of probation. Such conditions shall include, but not
81	81	be limited to, the completion of an anger management program; and
82	82	(2) subsection (a)(2), (a)(3), (a)(4) or, (a)(5) or (a)(6) is a:
83	83	(A) Class A nonperson misdemeanor, except as provided in
84	84	subsection (b)(2)(B); and
85	85	(B) nonperson felony upon the second or subsequent conviction of
86	86	cruelty to animals as defined in subsection (a)(2), (a)(3), (a)(4) or, (a)(5)
87	87	or (a)(6). Upon such conviction, a person shall be sentenced to not less
88	88	than five days or more than one year's year of imprisonment and be fined
89	89	not less than $500 nor more than $2,500. The person convicted shall not be
90	90	eligible for release on probation, suspension or reduction of sentence or
91	91	parole until the person has served the minimum mandatory sentence as
92	92	provided herein in this paragraph.
93	93	(c) The provisions of this section shall not apply to:
94	94	(1) Normal or accepted veterinary practices;
95	95	(2) bona fide experiments carried on by commonly recognized
96	96	research facilities;
97	97	(3) killing, attempting to kill, trapping, catching or taking of any
98	98	animal in accordance with the provisions of chapter 32 or chapter 47 of the
99	99	Kansas Statutes Annotated, and amendments thereto;
100	100	(4) rodeo practices accepted by the rodeo cowboys' association;
101	101	(5) the humane killing of an animal that is diseased or disabled
102	102	beyond recovery for any useful purpose, or the humane killing of animals
103	103	for population control, by the owner thereof or the agent of such owner
104	104	residing outside of a city or the owner thereof within a city if no animal
105	105	shelter or licensed veterinarian is within the city, or by a licensed
106	106	veterinarian at the request of the owner thereof, or by any officer or agent
107	107	of an animal shelter, a local or state health officer or a licensed
108	108	veterinarian three business days following the receipt of any such animal
109	109	at such shelter;
110	110	(6) with respect to farm animals, normal or accepted practices of
111	111	animal husbandry, including the normal and accepted practices for the
112	112	slaughter of such animals for food or by-products and the careful or thrifty
113	113	management of one's herd or animals, including animal care practices
114	114	common in the industry or region;
115	115	(7) the killing of any animal by any person at any time that may be
116	116	found outside of the owned or rented property of the owner or custodian of
117	117	such animal and that is found injuring or posing a threat to any person,
118	118	farm animal or property;
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162	162	(8) an animal control officer trained by a licensed veterinarian in the
163	163	use of a tranquilizer gun, using such gun with the appropriate dosage for
164	164	the size of the animal, when such animal is vicious or could not be
165	165	captured after reasonable attempts using other methods;
166	166	(9) laying an equine down for medical or identification purposes;
167	167	(10) normal or accepted practices of pest control, as defined in K.S.A.
168	168	2-2438a(x), and amendments thereto; or
169	169	(11) accepted practices of animal husbandry pursuant to regulations
170	170	promulgated by the United States department of agriculture for domestic
171	171	pet animals under the animal welfare act, public law 89-544, as amended
172	172	and in effect on July 1, 2006.
173	173	(d) The provisions of subsection (a)(6) (a)(7) shall not apply to any
174	174	person exposing poison upon their premises for the purpose of destroying
175	175	wolves, coyotes or other predatory animals.
176	176	(e) Any public health officer, law enforcement officer, licensed
177	177	veterinarian or officer or agent of any animal shelter or other appropriate
178	178	facility may take into custody any animal, upon either private or public
179	179	property, that clearly shows evidence of cruelty to animals. Such officer,
180	180	agent or veterinarian may inspect, care for or treat such animal or place
181	181	such animal in the care of an animal shelter or licensed veterinarian for
182	182	treatment, boarding or other care or, if an officer of such animal shelter or
183	183	such veterinarian determines that the animal appears to be diseased or
184	184	disabled beyond recovery for any useful purpose, for humane killing. The
185	185	owner or custodian, if known or reasonably ascertainable, shall be notified
186	186	in writing. If the owner or custodian is charged with a violation of this
187	187	section, the law enforcement agency, district attorney's office, county
188	188	prosecutor, veterinarian or animal shelter may petition the district court in
189	189	the county in which the animal was taken into custody to transfer
190	190	ownership of the animal at any time after 21 days after the owner or
191	191	custodian is notified, unless the owner or custodian of the animal files and
192	192	maintains a renewable cash or performance bond with the county clerk of
193	193	the county in which the animal was taken into custody in an amount equal
194	194	to not less than the cost of care and treatment of the animal for 30 days.
195	195	Such cash or performance bond shall be maintained and renewed every 30
196	196	days as necessary to cover the cost of care and treatment of such animal
197	197	until disposition of the animal by the court. If the owner or custodian is not
198	198	known or reasonably ascertainable after 21 days after the animal is taken
199	199	into custody, the law enforcement agency, district attorney's office, county
200	200	prosecutor, veterinarian or animal shelter may petition the district court in
201	201	the county in which the animal was taken into custody to transfer
202	202	ownership of the animal. Upon receiving such petition, the court shall
203	203	determine whether the animal may be transferred.
204	204	(f) The owner or custodian of an animal transferred pursuant to
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248	248	subsection (e) shall not be entitled to recover damages for the transfer of
249	249	such animal unless the owner proves that such transfer was unwarranted.
250	250	(g) Expenses incurred for the care, treatment or boarding of any
251	251	animal, taken into custody pursuant to subsection (e), pending prosecution
252	252	of the owner or custodian of such animal for the crime of cruelty to
253	253	animals, shall be assessed to the owner or custodian as a cost of the case if
254	254	the owner or custodian is adjudicated guilty of such crime. Any costs
255	255	collected by the court or through the cash or performance bond described
256	256	in subsection (e) shall be transferred to the entity responsible for paying
257	257	the cost of the care, treatment or boarding of the animal.
258	258	(h) If a person is adjudicated guilty of the crime of cruelty to animals,
259	259	such animal shall not be returned to or remain with such person. Such
260	260	animal may be turned over to an animal shelter or licensed veterinarian for
261	261	sale or other disposition.
262	262	(i) As used in this section:
263	263	(1) "Animal shelter" means the same as such term is defined in
264	264	K.S.A. 47-1701, and amendments thereto;
265	265	(2) "equine" means a horse, pony, mule, jenny, donkey or hinny; and
266	266	(3) "maliciously" means a state of mind characterized by actual evil-
267	267	mindedness or specific intent to do a harmful act without a reasonable
268	268	justification or excuse.
269	269	Sec. 2. K.S.A. 21-6412 is hereby repealed.
270	270	Sec. 3. This act shall take effect and be in force from and after its
271	271	publication in the statute book.
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