A.B. 381
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ASSEMBLY BILL NO. 381–ASSEMBLYMEMBERS HARDY,
HIBBETTS; GONZÁLEZ AND NGUYEN
MARCH 10, 2025
____________
JOINT SPONSOR: SENATOR SCHEIBLE
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions related to animals.
(BDR 50-793)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to animals; revising provisions governing acts
constituting torture or cruelty to animals; revising certain
penalties for acts of animal cruelty; revising certain
provisions governing the ownership and care of animals
treated cruelly; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Under existing law, “torture” of or “cruelty” to an animal includes every act, 1
omission or neglect, whereby unjustifiable physical pain, suffering or death is 2
caused or permitted. (NRS 574.050) Section 2 of this bill revises the definition of 3
“torture” of or “cruelty” to animals to include every act, omission or neglect 4
whereby unjustifiable physical pain, suffering or death is caused, allowed or 5
permitted. Section 1 of this bill provides that, for the purposes of determining 6
whether a person committed an act of torture or cruelty to an animal by allowing or 7
permitting the act to occur, the person: (1) allows the torture of or cruelty to occur 8
if the person does nothing to prevent or stop the torture or cruelty; and (2) permits 9
the torture or cruelty to occur if the person unreasonably approves, grants approval 10
or allows an act, omission or neglect to occur and which act, omission, or neglect 11
constitutes the torture of or cruelty to the animal. 12
Existing law requires certain officers to: (1) take possession of an animal which 13
is being treated cruelly; and (2) give to the owner a notice containing certain 14
information. Upon proof that proper notice has been given, existing law authorizes 15
a court of competent jurisdiction to order the animal sold at auction, humanely 16
destroyed or continued in the care of the officer. (NRS 574.055) Section 3 of this 17
bill removes the authorization for a court to order the animal sold at auction. 18
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Existing law provides that, with certain exceptions, the seizure and disposition 19
of an animal which an officer discovers is being treated cruelly does not apply to 20
any animal which is located on land being employed for an agricultural use. (NRS 21
574.055) Section 3 removes this exception. 22
Existing law provides that a person who engages in certain acts of torture or 23
cruelty to animals is guilty of a misdemeanor for a first offense, except if the 24
person: (1) willfully and maliciously engages in such an act, the person is guilty of 25
a category D felony; or (2) commits the act to threaten, intimidate or terrorize 26
another person, the person is guilty of a category C felony. (NRS 574.100) Section 27
4 of this bill provides instead that: (1) a willful and malicious violation is a category 28
B felony if the act causes the death of the animal; (2) committing the act to 29
threaten, intimidate or terrorize another person is a category B felony; and (3) a 30
knowing or reckless violation is a category D violation. 31
Existing law provides that a person who engages in certain acts of torture of or 32
cruelty to a police animal is guilty of: (1) a category D felony if the police animal is 33
not totally disabled or killed; and (2) a category C felony if the police animal is 34
totally disabled or killed. (NRS 574.105) Section 5 of this bill increases these 35
penalties to a category C felony if the police animal is not totally disabled or killed 36
and a category B felony if the police animal is totally disabled or killed. 37
Existing law requires that if a person is lawfully arrested for certain crimes 38
against animals and an animal owned or possessed by the person is impounded by 39
the county, city or other local government in connection with the arrest, the person 40
must be notified of his or her right to request a hearing within 5 days. If the person 41
does not request a hearing, or if the owner of the animal has not been identified 42
within 5 days after the arrest, the county, city or other local government which 43
impounded the animal is required to transfer ownership of the animal to an animal 44
rescue organization, animal shelter or another person who is able to provide 45
adequate care and shelter to the animal. (NRS 574.203) Section 7 of this bill 46
provides instead that, if the arrested and detained person does not request a hearing, 47
or the owner of the animal has not been identified within 5 days after the arrest, the 48
animal must be forfeited to the county, city or other local government which took 49
possession of the animal, who must then transfer ownership of the animal to certain 50
entities which are able to provide adequate care and shelter to the animal. 51
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 574 of NRS is hereby amended by adding 1
thereto a new section to lead as follows: 2
For the purposes of NRS 574.050 to 574.200, inclusive, a 3
person: 4
1. Allows the torture of or cruelty to an animal to occur if the 5
person does nothing to prevent or stop the torture of or cruelty to 6
an animal in circumstances in which the person knows or has 7
reason to know that the torture or cruelty is occurring. 8
2. Permits the torture of or cruelty to an animal to occur if 9
the person approves, grants approval or allows an act, omission or 10
neglect to occur in circumstances in which a reasonable person 11
would not approve, grant approval or allow such an act, omission 12
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or neglect to occur and which act, omission, or neglect constitutes 1
the torture of or cruelty to an animal. 2
Sec. 2. NRS 574.050 is hereby amended to read as follows: 3
574.050 As used in NRS 574.050 to 574.200, inclusive [:] , 4
and section 1 of this act: 5
1. “Animal” does not include the human race, but includes 6
every other living creature. 7
2. “First responder” means a person who has successfully 8
completed the national standard course for first responders. 9
3. “Police animal” means an animal which is owned or used by 10
a state or local governmental agency and which is used by a peace 11
officer in performing his or her duties as a peace officer. 12
4. “Torture” or “cruelty” includes every act, omission or 13
neglect, whereby unjustifiable physical pain, suffering or death is 14
caused , allowed or permitted. 15
Sec. 3. NRS 574.055 is hereby amended to read as follows: 16
574.055 Except as otherwise provided in NRS 574.201 to 17
574.204, inclusive: 18
1. Any peace officer or animal control officer shall, upon 19
discovering any animal which is being treated cruelly, take 20
possession of it and provide it with shelter and care or, upon 21
obtaining written permission from the owner of the animal, may 22
destroy it in a humane manner. 23
2. If an officer takes possession of an animal, the officer shall 24
give to the owner, if the owner can be found, a notice containing a 25
written statement of the reasons for the taking, the location where 26
the animal will be cared for and sheltered, the fact that there is a 27
limited lien on the animal for the cost of shelter and care and , if 28
applicable, notice of the right of the owner to request a hearing 29
pursuant to NRS 574.203 within 5 days after receipt of the notice. If 30
the owner is not present at the taking and the officer cannot find the 31
owner after a reasonable search, the officer shall post the notice on 32
the property from which the officer takes the animal. If the identity 33
and address of the owner are later determined, the notice must be 34
mailed to the owner immediately after the determination is made. 35
3. An officer who takes possession of an animal pursuant to 36
this section has a lien on the animal for the reasonable cost of care 37
and shelter furnished to the animal and, if applicable, for its humane 38
destruction. The lien does not extend to the cost of care and shelter 39
for more than 2 weeks. 40
4. Upon proof that the owner has been notified in accordance 41
with the provisions of subsection 2 or, if the owner has not been 42
found or identified, that the required notice has been posted on the 43
property where the animal was found, a court of competent 44
jurisdiction may, after providing an opportunity for a hearing, order 45
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the animal [sold at auction,] humanely destroyed or [continued in 1
the care of] forfeited to the officer for such disposition as the officer 2
sees fit. 3
5. An officer who seizes an animal pursuant to this section is 4
not liable for any action arising out of the taking or humane 5
destruction of the animal. 6
[6. The provisions of this section do not apply to any animal 7
which is located on land being employed for an agricultural use as 8
defined in NRS 361A.030 unless the owner of the animal or the 9
person charged with the care of the animal is in violation of 10
paragraph (c) of subsection 1 of NRS 574.100 and the impoundment 11
is accomplished with the concurrence and supervision of the sheriff 12
or the sheriff’s designee, a licensed veterinarian and the district 13
brand inspector or the district brand inspector’s designee. In such a 14
case, the sheriff shall direct that the impoundment occur not later 15
than 48 hours after the veterinarian determines that a violation of 16
paragraph (c) of subsection 1 of NRS 574.100 exists. 17
7. The owner of an animal impounded in accordance with the 18
provisions of subsection 6 must, before the animal is released to the 19
owner’s custody, pay the charges approved by the sheriff as 20
reasonably related to the impoundment, including the charges for 21
the animal’s food and water. If the owner is unable or refuses to pay 22
the charges, the State Department of Agriculture shall sell the 23
animal. The Department shall pay to the owner the proceeds of the 24
sale remaining after deducting the charges reasonably related to 25
the impoundment.] 26
Sec. 4. NRS 574.100 is hereby amended to read as follows: 27
574.100 1. A person shall not: 28
(a) Torture or unjustifiably maim, mutilate or kill: 29
(1) An animal kept for companionship or pleasure, whether 30
belonging to the person or to another; or 31
(2) Any cat or dog; 32
(b) Except as otherwise provided in paragraph (a), overdrive, 33
overload, torture, cruelly beat or unjustifiably injure, maim, mutilate 34
or kill an animal, whether belonging to the person or to another; 35
(c) Deprive an animal of necessary sustenance, food or drink, or 36
neglect or refuse to furnish it such sustenance or drink; 37
(d) Cause, procure or allow an animal to be overdriven, 38
overloaded, tortured, cruelly beaten, or unjustifiably injured, 39
maimed, mutilated or killed or to be deprived of necessary food or 40
drink; 41
(e) Instigate, engage in, or in any way further an act of cruelty to 42
any animal, or any act tending to produce such cruelty; or 43
(f) Abandon an animal in circumstances other than those 44
prohibited in NRS 574.110. The provisions of this paragraph do not 45
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apply to a feral cat that has been caught to provide vaccination, 1
spaying or neutering and released back to the location where the 2
feral cat was caught after providing the vaccination, spaying or 3
neutering. As used in this paragraph, “feral cat” means a cat that has 4
no apparent owner or identification and appears to be unsocialized 5
to humans and unmanageable or otherwise demonstrates 6
characteristics normally associated with a wild or undomesticated 7
animal. 8
2. Except as otherwise provided in subsections 3 and 4 and 9
NRS 574.210 to 574.510, inclusive, a person shall not restrain a 10
dog: 11
(a) Using a tether, chain, tie, trolley or pulley system or other 12
device that: 13
(1) Is less than 12 feet in length; 14
(2) Fails to allow the dog to move at least 12 feet or, if the 15
device is a pulley system, fails to allow the dog to move a total of 12 16
feet; or 17
(3) Allows the dog to reach a fence or other object that may 18
cause the dog to become injured or die by strangulation after 19
jumping the fence or object or otherwise becoming entangled in the 20
fence or object; 21
(b) Using a prong, pinch or choke collar or similar restraint; or 22
(c) For more than 10 hours during a 24-hour period. 23
3. Any pen or other outdoor enclosure that is used to maintain 24
a dog must be appropriate for the size and breed of the dog. If any 25
property that is used by a person to maintain a dog is of insufficient 26
size to ensure compliance by the person with the provisions of 27
paragraph (a) of subsection 2, the person may maintain the dog 28
unrestrained in a pen or other outdoor enclosure that complies with 29
the provisions of this subsection. 30
4. The provisions of subsections 2 and 3 do not apply to a dog 31
that is: 32
(a) Tethered, chained, tied, restrained or placed in a pen or 33
enclosure by a veterinarian, as defined in NRS 574.330, during the 34
course of the veterinarian’s practice; 35
(b) Being used lawfully to hunt a species of wildlife in this State 36
during the hunting season for that species; 37
(c) Receiving training to hunt a species of wildlife in this State; 38
(d) In attendance at and participating in an exhibition, show, 39
contest or other event in which the skill, breeding or stamina of the 40
dog is judged or examined; 41
(e) Being processed into an animal shelter; 42
(f) Temporarily for a period of less than 1 month: 43
(1) Being cared for as part of a rescue operation in 44
conjunction with an animal rescue organization; or 45
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(2) Staying in a camping area; 1
(g) Living on land that is directly related to an active agricultural 2
operation, if the restraint is reasonably necessary to ensure the safety 3
of the dog. As used in this paragraph, “agricultural operation” 4
means any activity that is necessary for the commercial growing and 5
harvesting of crops or the raising of livestock or poultry; 6
(h) Under the direct custody or control of a person, if the person 7
is engaged in a temporary task or activity with the dog for not more 8
than 1 hour; or 9
(i) Being walked by a person using a leash. 10
5. A person shall not: 11
(a) Intentionally engage in horse tripping for sport, 12
entertainment, competition or practice; or 13
(b) Knowingly organize, sponsor, promote, oversee or receive 14
money for the admission of any person to a charreada or rodeo that 15
includes horse tripping. 16
6. A person who [willfully] : 17
(a) Willfully and maliciously violates paragraph (a) of 18
subsection 1: 19
[(a)] (1) Except as otherwise provided in [paragraph (b),] 20
subparagraph (2), is guilty of a category D felony and shall be 21
punished as provided in NRS 193.130. 22
(2) If the act caused the death of the animal, is guilty of a 23
category B felony and shall be punished by imprisonment in the 24
state prison for a minimum term of not less than 1 year and a 25
maximum term of not more than 10 years, and may be further 26
punished by a fine of not more than $10,000. 27
(b) [If] Violates paragraph (a) of subsection 1 and commits the 28
act [is committed] in order to threaten, intimidate or terrorize 29
another person, is guilty of a category [C] B felony and shall be 30
punished by imprisonment in the state prison for a minimum term 31
of not less than 1 year and a maximum term of not more than 10 32
years, and may be further punished by a fine of not more than 33
$10,000. 34
(c) Knowingly or recklessly violates paragraph (a) of 35
subsection 1 is guilty of a category D felony and shall be punished 36
as provided in NRS 193.130. 37
7. Except as otherwise provided in subsection 6, a person who 38
violates subsection 1, 2, 3 or 5: 39
(a) For the first offense within the immediately preceding 7 40
years, is guilty of a misdemeanor and shall be sentenced to: 41
(1) Imprisonment in the city or county jail or detention 42
facility for not less than 2 days, but not more than 6 months; and 43
(2) Perform not less than 48 hours, but not more than 120 44
hours, of community service. 45
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The person shall be further punished by a fine of not less than 1
$200, but not more than $1,000. A term of imprisonment imposed 2
pursuant to this paragraph may be served intermittently at the 3
discretion of the judge or justice of the peace, except that each 4
period of confinement must be not less than 4 consecutive hours and 5
must occur either at a time when the person is not required to be at 6
the person’s place of employment or on a weekend. 7
(b) For the second offense within the immediately preceding 7 8
years, is guilty of a misdemeanor and shall be sentenced to: 9
(1) Imprisonment in the city or county jail or detention 10
facility for not less than 10 days, but not more than 6 months; and 11
(2) Perform not less than 100 hours, but not more than 200 12
hours, of community service. 13
The person shall be further punished by a fine of not less than 14
$500, but not more than $1,000. 15
(c) For the third and any subsequent offense within the 16
immediately preceding 7 years, is guilty of a category C felony and 17
shall be punished as provided in NRS 193.130. 18
8. In addition to any other fine or penalty provided in 19
subsection 6 or 7, a court shall order a person convicted of violating 20
subsection 1, 2, 3 or 5 to pay restitution for all costs associated with 21
the care and impoundment of any mistreated animal under 22
subsection 1, 2, 3 or 5 including, without limitation, money 23
expended for veterinary treatment, feed and housing. 24
9. The court may order the person convicted of violating 25
subsection 1, 2, 3 or 5 to surrender ownership or possession of the 26
mistreated animal. 27
10. The provisions of this section do not apply with respect to 28
an injury to or the death of an animal that occurs accidentally in the 29
normal course of: 30
(a) Carrying out the activities of a rodeo or livestock show; or 31
(b) Operating a ranch. 32
11. As used in this section, “horse tripping” means the roping 33
of the legs of or otherwise using a wire, pole, stick, rope or other 34
object to intentionally trip or intentionally cause a horse, mule, 35
burro, ass or other animal of the equine species to fall. The term 36
does not include: 37
(a) Tripping such an animal to provide medical or other health 38
care for the animal; or 39
(b) Catching such an animal by the legs and then releasing it as 40
part of a horse roping event for which a permit has been issued by 41
the local government where the event is conducted. 42
Sec. 5. NRS 574.105 is hereby amended to read as follows: 43
574.105 1. A person shall not willfully and maliciously: 44
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(a) Taunt, torment, tease, beat, strike or administer a 1
desensitizing drug, chemical or substance to a police animal; 2
(b) Interfere with a police animal or a handler thereof in the 3
performance of duties assigned to the police animal or handler; or 4
(c) Torture, mutilate, injure, poison, disable or kill a police 5
animal. 6
2. A person who violates: 7
(a) Paragraph (a) or (b) of subsection 1 is guilty of a category D 8
felony and shall be punished as provided in NRS 193.130. 9
(b) Paragraph (c) of subsection 1 is guilty of: 10
(1) If the police animal is not totally disabled or killed, a 11
category [D] C felony and shall be punished as provided in NRS 12
193.130, and may be further punished by a fine of not more than 13
$10,000. 14
(2) If the police animal is totally disabled or killed, a 15
category [C] B felony and shall be punished [as provided in NRS 16
193.130.] by imprisonment in the state prison for a minimum term 17
of not less than 1 year and a maximum term of not more than 10 18
years, and may be further punished by a fine of not more than 19
$10,000. In addition to the punishment imposed pursuant to this 20
subparagraph, the court may require a person who is punished 21
pursuant to this subparagraph to pay restitution to the agency that 22
owns the police animal, including, without limitation, payment for 23
veterinary services and the cost of replacing the police animal. 24
3. The provisions of this section do not prohibit a euthanasia 25
technician licensed pursuant to chapter 638 of NRS, a peace officer 26
or a veterinarian from euthanizing a police animal in an emergency 27
if the police animal is critically wounded and would otherwise 28
endure undue suffering and pain. 29
Sec. 6. NRS 574.200 is hereby amended to read as follows: 30
574.200 1. The provisions of NRS 574.050 to 574.510, 31
inclusive, and section 1 of this act do not: 32
(a) Interfere with any of the fish and game laws contained in 33
title 45 of NRS or any laws for the destruction of certain birds. 34
(b) Interfere with the right to destroy any venomous reptiles or 35
animals, or any animal known as dangerous to life, limb or property. 36
(c) Interfere with the right to kill all animals and fowl used for 37
food. 38
(d) Prohibit or interfere with any properly conducted scientific 39
experiments or investigations which are performed under the 40
authority of the faculty of some regularly incorporated medical 41
college or university of this State. 42
(e) Interfere with any scientific or physiological experiments 43
conducted or prosecuted for the advancement of science or 44
medicine. 45
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(f) Prohibit or interfere with established methods of animal 1
husbandry, including the raising, handling, feeding, housing and 2
transporting of livestock or farm animals. 3
2. Nothing contained in subsection 1 shall be deemed to 4
exclude a research facility from the provisions of NRS 574.205. 5
Sec. 7. NRS 574.203 is hereby amended to read as follows: 6
574.203 1. If a person is lawfully arrested for a violation of 7
NRS 574.070 or 574.100 and if an animal owned or possessed by 8
the person is impounded by the county, city or other local 9
government in connection with the arrest, the person must be 10
notified in accordance with the provisions of subsection 2 of NRS 11
574.055 and be notified of his or her right to request a hearing 12
within 5 days after receipt of the notice to determine whether the 13
person is the owner of the animal and whether the person is able to 14
provide adequate care and shelter to the animal. The person must 15
request a hearing pursuant to this subsection within 5 days after 16
receipt of the notice pursuant to this subsection. 17
2. If a person who is lawfully arrested and detained for a 18
violation of NRS 574.070 or 574.100 does not request a hearing 19
pursuant to subsection 1, or an owner of the animal has not been 20
identified within 5 days [of] after the arrest, the animal must be 21
forfeited to the county, city or other local government which took 22
possession of the animal. After the forfeiture, the county, city or 23
other local government shall transfer ownership of the animal to an 24
animal rescue organization, animal shelter or another person who is 25
able to provide adequate care and shelter to the animal. 26
3. If the court receives a timely request pursuant to subsection 27
1, the court shall hold a hearing within 15 judicial days after receipt 28
of the request to determine whether the person is the owner of an 29
animal and whether the person is able and fit to provide adequate 30
care and shelter to the animal. 31
4. For the purpose of conducting a hearing pursuant to this 32
section, the court may consider: 33
(a) Testimony of the peace officer or animal control officer who 34
took possession of or impounded the animal or other witnesses 35
concerning the conditions under which the animal was owned or 36
kept; 37
(b) Testimony and evidence related to veterinary care provided 38
to the animal, including, without limitation, the degree or type of 39
care provided to the animal; 40
(c) Expert testimony as to community standards for the 41
reasonable care of a similar animal; 42
(d) Testimony of witnesses concerning the history of treatment 43
of the animal or any other animal owned or possessed by the person; 44
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(e) Prior arrests or convictions related to subjecting an animal to 1
an act of cruelty in violation of NRS 574.070 or 574.100; and 2
(f) Any other evidence which the court determines is relevant. 3
H