EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW . [Brackets] indicate matter deleted from existing law. *hb0089* HOUSE BILL 89 E2 5lr0999 HB 667/24 – JUD (PRE–FILED) CF SB 152 By: Delegate Embry Requested: September 29, 2024 Introduced and read first time: January 8, 2025 Assigned to: Judiciary A BILL ENTITLED AN ACT concerning 1 Criminal Law – Crimes Relating to Animals – Conviction and Sentencing 2 FOR the purpose of establishing that certain crimes relating to animals do not apply to 3 certain activities; establishing that each animal harmed in a violation of a 4 prohibition against animal cruelty is a separate offense and shall be deemed an 5 individual victim for purposes of the sentencing guidelines stacking rule; 6 establishing that a conviction for a crime relating to animals may not merge with a 7 conviction for any other crime based on the act establishing the violation and that a 8 sentence imposed may be separate from and consecutive to or concurrent with a 9 sentence based on the act establishing a violation; and generally relating to crimes 10 relating to animals. 11 BY repealing and reenacting, with amendments, 12 Article – Criminal Law 13 Section 10–603 14 Annotated Code of Maryland 15 (2021 Replacement Volume and 2024 Supplement) 16 BY adding to 17 Article – Criminal Law 18 Section 10–627 19 Annotated Code of Maryland 20 (2021 Replacement Volume and 2024 Supplement) 21 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22 That the Laws of Maryland read as follows: 23 Article – Criminal Law 24 10–603. 25 2 HOUSE BILL 89 Sections 10–601 through 10–608 and 10–626 of this subtitle do not apply to: 1 (1) customary and normal veterinary and agricultural husbandry practices 2 including dehorning, castration, tail docking, and limit feeding; 3 (2) research conducted in accordance with protocols approved by an animal 4 care and use committee, as required under the federal Animal Welfare Act or the federal 5 Health Research Extension Act; 6 (3) an activity that may cause unavoidable physical pain to an animal[, 7 including food processing, pest elimination, animal training, and hunting,] if the person 8 performing the activity uses the most humane method reasonably available, INCLUDING: 9 (I) FOOD PROCESSING ; 10 (II) PEST ELIMINATION ; 11 (III) ANIMAL TRAINING ; AND 12 (IV) ANY HUNTING OR FISHI NG ACTIVITY COMPLETED IN 13 ACCORDANCE WITH TITLE 4 OR TITLE 10 OF THE NATURAL RESOURCES ARTICLE 14 OR ANY REGULATIONS A DOPTED UNDER THOSE T ITLES; or 15 (4) normal human activities in which the infliction of pain to an animal is 16 purely incidental and unavoidable. 17 10–627. 18 (A) FOR THE PURPOSES OF T HIS SUBTITLE, EACH ANIMAL HARMED I N A 19 VIOLATION OF THIS SU BTITLE IS A SEPARATE OFFENSE AND SHALL BE DEEMED AN 20 INDIVIDUAL VICTIM FO R PURPOSES OF THE SE NTENCING GUIDELINES STACKING 21 RULE. 22 (B) NOTWITHSTANDING ANY O THER LAW, A CONVICTION UNDER THI S 23 SUBTITLE MAY NOT MER GE WITH A CONVICTION FOR ANY OTHER CRIME BASED ON 24 THE ACT ESTABLISHING THE VIOLATION OF THI S SUBTITLE. 25 (C) A SENTENCE IMPOSED UND ER THIS SUBTITLE MAY BE SEPARATE FROM 26 AND CONSECUTIVE TO O R CONCURRENT WITH A SENTENCE FOR ANY CRIME BA SED 27 ON THE ACT ESTABLISH ING THE VIOLATION OF THIS SUBTITLE. 28 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 29 October 1, 2025. 30