Louisiana 2024 2024 Regular Session

Louisiana House Bill HB224 Introduced / Bill

                    HLS 24RS-346	ORIGINAL
2024 Regular Session
HOUSE BILL NO. 224
BY REPRESENTATIVE KERNER
CRIME:  Prohibits ownership of any animal by a person who has been convicted of cruelty
to animals
1	AN ACT
2To amend and reenact R.S. 14:102.1(A)(2)(a) and (b) and (B)(5) and to enact R.S.
3 14:102.1(D), relative to the crime of cruelty to animals; to provide for prohibition of
4 owning or keeping an animal after committing the offense of simple cruelty to
5 animals or aggravated cruelty to animals; to provide for penalties; and to provide for
6 related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1.  R.S. 14:102.1(A)(2)(a) and (b) and (B)(5) are hereby amended and
9reenacted and R.S.14:102.1(D) is hereby enacted to read as follows: 
10 ยง102.1.  Cruelty to animals; simple and aggravated
11	A.
12	*          *          *
13	(2)(a)  Whoever commits the crime of simple cruelty to animals shall be fined
14 not more than one thousand dollars, or imprisoned for not more than six months, or
15 both.  In addition, the The court may also order the offender to pay for any expenses
16 incurred for the housing of the animal and for medical treatment of the animal,
17 pursuant to Code of Criminal Procedure Article 883.2.  In addition, the court shall
18 issue an order prohibiting the defendant from owning or keeping animals for a period
19 of one year.
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 24RS-346	ORIGINAL
HB NO. 224
1	(b)  Whoever commits a second or subsequent offense of simple cruelty to
2 animals shall be fined not less than five thousand dollars nor more than twenty-five
3 thousand dollars or imprisoned, with or without hard labor, for not less than one year
4 nor more than ten years, or both.  In addition, the court shall issue an order
5 prohibiting the defendant from owning or keeping animals for a period of time
6 deemed appropriate by the court five years for a second offense and ten years for a
7 subsequent offense.
8	*          *          *
9	B.
10	*          *          *
11	(5)  In addition to any other penalty imposed for a violation of this
12 Subsection, the offender shall be ordered to undergo a psychological evaluation and
13 subsequently recommended psychological treatment and shall be banned by court
14 order from owning or keeping animals for a period of time deemed appropriate by
15 the court ten years and for the remainder of his life for a second offense.  Any costs
16 associated with any evaluation or treatment ordered by the court shall be borne by
17 the defendant.
18	*          *          *
19	D.(1)  Whoever violates a court order that prohibits ownership or keeping of
20 animals pursuant to Subsection A of this Section shall be fined not more than one
21 thousand dollars, imprisoned for not more than six months, or both.
22	(2)  Whoever violates a court order that prohibits the ownership or keeping
23 of animals pursuant to Subsection B of this Section shall be fined not more than five
24 thousand dollars, imprisoned for not more than one year, or both.
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 24RS-346	ORIGINAL
HB NO. 224
DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part
of the legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
HB 224 Original 2024 Regular Session	Kerner
Abstract:  Prohibits the owning or keeping of an animal for certain periods of time after a
conviction for simple cruelty to animals or aggravated cruelty to animals.
Present law provides for the crime of simple cruelty to animals.
Proposed law retains present law.
Present law provides that whoever commits the crime of simple cruelty to animals shall be
fined not more than $100, or imprisoned for not more than six months, or both. 
Proposed law retains present law and provides that the court shall also issue an order
prohibiting the defendant from owning or keeping animals for a period of one year.
Present law provides that whoever commits a second or subsequent offense of simple cruelty
to animals shall be fined not less than $5,000 nor more than $25,000 or be imprisoned, with
or without hard labor, for not less than one year nor more than 10 years, or both.  Further
provides that the court shall issue an order prohibiting the defendant from owning or keeping
animals for a period of time deemed appropriate by the court.
Proposed law requires the court to prohibit the defendant from owning or keeping animals
for a period of five years for a second offense and 10 years for a subsequent offense, rather
than for a period of time deemed appropriate by the court.
Present law provides for the crime of aggravated cruelty to animals.
Proposed law retains present law.
Present law provides that in addition to any other penalty imposed for a violation of present
law, the offender shall be ordered to undergo a psychological evaluation and subsequently
be recommended psychological treatment and shall be banned by court order from owning
or keeping animals for a period of time deemed appropriate by the court.
Proposed law requires the court to prohibit the defendant from owning or keeping animals
for a period of 10 years and for the remainder of his life for a second offense, rather than for
a period of time deemed appropriate by the court.
Proposed law provides that whoever violates a court order that prohibits ownership or
keeping of animals after the person has committed the offense of simple cruelty to animals
shall be fined not more than $1,000, imprisoned for not more than six months, or both.
Proposed law provides that whoever violates a court order that prohibits the ownership or
keeping of animals after the person has committed the offense of aggravated cruelty to
animals shall be fined not more than $5,000, imprisoned for not more than one year, or both.
(Amends R.S. 14:102.1(A)(2)(a) and (b) and (B)(5); Adds R.S.14:102.1(D))
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.