D.__Any restraint of the cat or dog during the shooting does not cause undue suffering.

Sec. I-17. 17 MRSA §1031, sub-§2, ¶B, as enacted by PL 1987, c. 383, §4, is amended to read:

B. The defendant's conduct or that of his the defendant's agent was designed to control or eliminate rodents, ants or other common pests on his the defendant's own property; or

Sec. I-18. 17 MRSA §1031, sub-§3, as repealed and replaced by PL 2001, c. 425, §9, is repealed.

Sec. I-19. 17 MRSA §1031, sub-§3-A, as enacted by PL 2001, c. 425, §10, is repealed.

Sec. I-20. 17 MRSA §1031, sub-§3-B is enacted to read:

3-B.__Penalties.__The following apply to violations of this section.

A.__In addition to any other penalty authorized by law, the court shall impose a fine of not less than $250 for each violation of this section.__The court may order the defendant to pay the costs of the care, housing and veterinary medical treatment for the animal.

B.__The court, as part of the sentence for a violation of this section, may prohibit the defendant from owning, possessing or having on the defendant's premises an animal or animals as determined by the court for a period of time, up to and including permanent relinquishment, as determined by the court.__A person placed on probation for a violation of this section with a condition that prohibits owning, possessing or having an animal or animals on the probationer's premises is subject to revocation of probation and removal of the animal or animals at the probationer's expense if this condition is violated.__The court as part of the sentence may order, as a condition of probation, that the defendant be evaluated to determine the need for psychiatric or psychological counseling and, if it is determined appropriate by the court, to receive psychiatric or psychological counseling at the defendant's expense.

C.__Title 17-A, section 9-A governs the use of prior convictions when determining a sentence.