Virginia 2025 Regular Session

Virginia House Bill HB1768 Compare Versions

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

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1	1	2025 SESSION
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3	3	INTRODUCED
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5	5	25102014D
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7	7	HOUSE BILL NO. 1768
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9	9	Offered January 8, 2025
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11	11	Prefiled January 5, 2025
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13	13	A BILL to amend the Code of Virginia by adding in Title 3.2 a chapter numbered 66, consisting of sections numbered 3.2-6600 through 3.2-6605, relating to possession, sale, transfer, or breeding of nonhuman primates prohibited; penalties.
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17	17	PatronMartinez
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21	21	Committee Referral Pending
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25	25	Be it enacted by the General Assembly of Virginia:
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27	27	1. That the Code of Virginia is amended by adding in Title 3.2 a chapter numbered 66, consisting of sections numbered 3.2-6600 through 3.2-6605, as follows:
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29	29	CHAPTER 66.
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31	31	PRIMATES.
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33	33	3.2-6600. Definitions.
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35	35	As used in this chapter, unless the context requires a different meaning:
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37	37	"Animal control authority" means an entity acting alone or with another unit of a locality for enforcement of state or local animal control laws and the shelter and welfare of animals, including any animal control officer or deputy animal control officer pursuant to 3.2-6555.
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39	39	"Law-enforcement officer" means any person who is employed within the state or a local police department and responsible for the prevention and detection of crime and the enforcement of the penal, traffic, or highway laws of the Commonwealth or force of any locality, including the sheriff's department of any locality. "Law-enforcement officer" also includes animal control officers pursuant to 3.2-6555, humane investigators pursuant to 3.2-6558, or a prosecutor of the Commonwealth.
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41	41	"Locality" means any county, city, town, or political subdivision thereof in the Commonwealth.
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43	43	"Primate" means any nonhuman species of the taxonomic order Primates.
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45	45	"Primate sanctuary" means a nonprofit entity that (i) operates a place of refuge where abused, neglected, unwanted, impounded, orphaned, or displaced animals are provided care for the lifetime of such animals; (ii) does not conduct any commercial activity involving primates, including the (a) sale, trade, auction, lease, or loan of primates or parts of primates or (b) use of primates in any manner in a for-profit business or operation; (iii) does not allow direct contact between the general public and primates; (iv) does not use primates for any entertainment purposes, such as a traveling exhibit; and (v) does not breed any primates.
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47	47	3.2-6601. Possession, sale, transfer, or breeding of primates prohibited.
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49	49	It is unlawful for any person to possess, sell, transfer, or breed a primate unless such person qualifies for an exception under 3.2-6602.
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51	51	3.2-6602. Exceptions.
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53	53	A. The provisions of 3.2-6601 shall not apply to:
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55	55	1. Research facilities, as defined in the federal Animal Welfare Act, 7 U.S.C. 2132 (e);
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57	57	2. Primate sanctuaries;
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59	59	3. Public animal shelters or duly incorporated nonprofit animal protection organizations, including humane societies and shelters, temporarily housing a primate at the written request of a law-enforcement officer acting under the authority of this chapter;
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61	61	4. Licensed veterinary hospitals providing treatment to a primate;
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63	63	5. Law-enforcement officers acting in the performance of their official duties;
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65	65	6. A zoological park or circus that holds a Class C exhibitor license in good standing prior to July 1, 2026, provided that such park or circus (i) has not been, and has not employed any person who has been, convicted of or fined for an offense involving the abuse or neglect of any animal pursuant to any federal, state, or local laws; (ii) has not had its license or permit revoked or suspended regarding the care, possession, exhibition, propagation, or sale of any animal by any federal, state, or local agency, and has not received any official warning letter, or entered into any stipulations, consent decrees, or settlements with the U.S. Department of Agriculture (USDA) within the past three years and shall disclose any known pending investigations that are being conducted by the USDA; (iii) has not been cited by the USDA under the federal Animal Welfare Act, 7 U.S.C. 2131 et seq., for any noncompliant item within the past three years for any violation for a failure to allow a facility inspection or interference with a facility inspection; (iv) maintains liability insurance that is equal to or greater than $250,000, with a deductible of not more than $250 for each occurrence of property damage, bodily injury, or death caused by any primate possessed by the circus or zoological park; and (v) has a written plan, filed with the local animal control authority, for the quick and safe recapture of any primate that escapes, including written protocols for training staff on methods of safe recapture of such primate;
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67	67	7. A person temporarily transporting a primate who has a right of property in such primate through the Commonwealth, provided such primate is transferred within 24 hours, is not displayed as an exhibit to the general public, and is housed at all times in a cage or travel container that is appropriate for its species;
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69	69	8. A person who lawfully possesses a primate prior to July 1, 2026, provided that such person:
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71	71	a. Has maintained veterinary records, acquisition papers, or other related documents showing proof of ownership or control of the primate prior to July 1, 2026;
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73	73	b. Does not acquire additional primates after July 1, 2026, whether by purchase, donation, or breeding;
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75	75	c. Has not been convicted of violating any federal or state law or local ordinance involving the abuse or neglect of any animal;
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77	77	d. Has not had a license or permit regarding the care, possession, exhibition, breeding, or sale of animals revoked or suspended by any federal, state, or local agency;
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79	79	e. Has maintained a plan to implement escape, succession, and disaster plans and a current animal inventory, to be made available to a law-enforcement officer upon request;
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81	81	f. Has registered with, and has paid a registration fee to, the local animal control authority by September 1, 2026, and annually thereafter, providing (i) the number of animals of each primate species in his possession and (ii) proof of liability insurance in an amount equal to or greater than $250,000, with a deductible of not more than $250 for each occurrence of property damage, bodily injury, or death caused by any primate possessed by such person; and
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83	83	g. In the event a primate has been sold or transferred, has given 72-hour notice identifying the recipient of such primate to the local animal control authority prior to such sale or transfer.
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85	85	B. At all times any possession, sale, transfer, and transport of a primate shall be consistent with any applicable federal, state, and local laws.
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87	87	3.2-6603. Local authority to adopt stringent ordinances.
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89	89	A locality may, by ordinance, adopt more stringent restrictions, prohibitions, or requirements on the possession, sale, transfer, or breeding of primates parallel with the requirements of this article, including further restrictions, requirements, or prohibitions on a person exempted under 3.2-6602 and the registration fee paid by such person, provided that the fee is on a sliding scale based on the number of primates a person possesses on July 1, 2026, and such fee is collected in accordance with 3.2-6534.
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91	91	3.2-6604. Seizure of a primate.
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93	93	A. For purposes of this section:
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95	95	"Temporary holding facility" means any public animal shelter or duly incorporated nonprofit animal protection organization, including humane societies and shelters, temporarily housing a primate at the written request of a law-enforcement officer acting under the authority of this chapter.
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97	97	"Zoological park" means a zoological park as described in subdivision A 6 of 3.2-6602.
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99	99	B. A law-enforcement officer may, after obtaining a warrant from any judge or magistrate upon probable cause, seize or cause to be seized any primate possessed, sold, transferred, or bred in violation of this chapter. Such primates shall be immediately placed in the custody and control of a primate sanctuary, a temporary holding facility, or a zoological park. If there is no immediate threat to public safety or animal welfare, a law-enforcement officer may impound the primate in place.
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101	101	C. Upon seizing or impounding a primate pursuant to subsection B, a law-enforcement officer shall petition the general district court in the locality in which the primate was seized or impounded for a hearing. The hearing shall be held within 10 business days from the date of the seizure or impoundment of the primate. The hearing shall be to determine if such primate was possessed, sold, transferred, or bred in violation of this chapter. The law-enforcement officer shall cause to be served upon the person from whom the primate was seized or impounded a written notice of the hearing at least five days prior to such hearing.
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103	103	D. If the court determines that the primate has been possessed, sold, transferred, or bred in violation of this chapter, then the court shall order that (i) the primate be deemed forfeited; (ii) the person from whom the primate was seized or impounded pay all reasonable expenses incurred in caring and providing for such primate from the time the animal is seized until such time that the primate is transferred to the zoological park, primary sanctuary, or temporary holding facility in possession of the primate; and (iii) the primate be transferred to a zoological park or a primary sanctuary that is willing and able to take custody of such primate. The court may prohibit the possession or ownership of primates or other nonnative exotic animals by the person found to have violated the provisions of this chapter. The court may also order that the primate be humanely destroyed by a law-enforcement officer for any primate found to not be properly confined to protect the safety of the public.
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105	105	E. Nothing in this section shall be construed to:
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107	107	1. Prevent a law-enforcement officer from humanely destroying a primate in compliance with federal and state law if, after reasonable efforts, no zoological or a primary sanctuary is willing and able to provide long-term care for the primate; and
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109	109	2. Prevent a person with the right of property in a primate from voluntarily relinquishing the primate to a person who is willing and able to take possession of the primate; however, such voluntary relinquishment shall not be applicable in the case of criminal charges for violations of this chapter.
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111	111	3.2-6605. Enforcement; penalties
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113	113	A. Any person who violates any provisions of this chapter or any local ordinance adopted pursuant to 3.2-6603 is guilty of a Class 1 misdemeanor.
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115	115	B. Any person who has the right of property in or is custodian of the primate, whose willful act or omission in the care, control, or containment of such primate is so gross, wanton, and culpable as to show a reckless disregard for human life, and who is the proximate cause of such animal attacking and causing serious bodily injury to any person is guilty of a Class 6 felony.
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117	117	2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation is ________ for periods of imprisonment in state adult correctional facilities; therefore, Chapter 2 of the Acts of Assembly of 2024, Special Session I, requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation is _______ for periods of commitment to the custody of the Department of Juvenile Justice.