HLS 24RS-346 ENGROSSED 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), relative to the crime of 3 cruelty to animals; to provide for prohibition of owning or keeping an animal after 4 committing the offense of simple cruelty to animals or aggravated cruelty to animals; 5 to provide for penalties; and to provide for related matters. 6Be it enacted by the Legislature of Louisiana: 7 Section 1. R.S. 14:102.1(A)(2)(a) and (b) and (B)(5) are hereby amended and 8reenacted to read as follows: 9 ยง102.1. Cruelty to animals; simple and aggravated 10 A. 11 * * * 12 (2)(a) Whoever commits the crime of simple cruelty to animals shall be fined 13 not more than one thousand dollars, or imprisoned for not more than six months, or 14 both. In addition, the The court may also order the offender to pay for any expenses 15 incurred for the housing of the animal and for medical treatment of the animal, 16 pursuant to Code of Criminal Procedure Article 883.2. In addition, the court may 17 issue an order prohibiting the defendant from owning or keeping animals for a period 18 of not more than one year. 19 (b) Whoever commits a second or subsequent offense of simple cruelty to 20 animals shall be fined not less than five thousand dollars nor more than twenty-five Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-346 ENGROSSED HB NO. 224 1 thousand dollars or imprisoned, with or without hard labor, for not less than one year 2 nor more than ten years, or both. In addition, the court shall may issue an order 3 prohibiting the defendant from owning or keeping animals for a period of time 4 deemed appropriate by the court not more than five years. 5 * * * 6 B. 7 * * * 8 (5) In addition to any other penalty imposed for a violation of this 9 Subsection, the offender shall be ordered to undergo a psychological evaluation and 10 subsequently recommended psychological treatment and shall may be banned by 11 court order from owning or keeping animals for a period of time deemed appropriate 12 by the court not more than ten years. Any costs associated with any evaluation or 13 treatment ordered by the court shall be borne by the defendant. 14 * * * 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 Engrossed 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 may also issue an order prohibiting the defendant from owning or keeping animals for a period of not more than 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. Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-346 ENGROSSED HB NO. 224 Proposed law provides that the court may prohibit the defendant from owning or keeping animals for a period of five years for a second or 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 provides that the court may prohibit the defendant from owning or keeping animals for a period of not more than 10 years, rather than for a period of time deemed appropriate by the court. (Amends R.S. 14:102.1(A)(2)(a) and (b) and (B)(5)) Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Administration of Criminal Justice to the original bill: 1. Make technical changes. 2. Provide that a court has discretion to issue an order as follows: (a)Prohibiting a defendant convicted of simple cruelty of animals from owning or keeping animals for a period of not more than one year. (b)Prohibiting a defendant convicted of a second or subsequent offense of simple cruelty of animals from owning or keeping animals for a period of not more than five years. (c)Prohibiting a defendant convicted of aggravated cruelty of animals from owning or keeping animals for a period of not more than 10 years. 3. Remove proposed law penalties that prohibit the following: (a)The owning or keeping of animals for a period of five years for a second offense and 10 years for a subsequent offense for a defendant convicted of simple cruelty of animals. (b)The owning or keeping of animals for a period of 10 years and for the remainder of life for a subsequent offense for a defendant convicted of aggravated cruelty of animals. 4. Remove proposed law penalties for the violation of a court order that prohibits ownership or keeping of animals for a person convicted of simple cruelty of animals or aggravated cruelty of animals. Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions.