HP0061, LD 64, item 1, An Act To Make Post-conviction Possession of Animals a Criminal Offense

An Act To Make Post-conviction Possession of Animals a Criminal Offense

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 17 MRSA §1031, sub-§3-B, as amended by PL 2009, c. 573, §2, is further amended to read:

3-B. Penalties. The following apply to violations of this section.

A. In addition to any other penalty authorized by law and notwithstanding the provisions of Title 17-A, section 1202, subsection 1, the court shall impose a fine of not less than $500 for each violation of this section , prohibit a defendant convicted of a Class D crime under this section from owning, possessing or having on the defendant's premises an animal for a period of at least 5 years following entry of conviction and prohibit a defendant convicted of a Class C crime under this section from owning, possessing or having on the defendant's premises an animal for a period of at least 15 years following entry of conviction. The court may order the defendant to pay the costs of the care, housing and veterinary medical treatment for the an animal injured by a violation of this section including the costs of relocating the animal. In addition to any other penalty authorized by law, a violation of the provisions of this paragraph concerning the period of time that a defendant may not own, possess or have on the defendant's premises an animal is a Class D crime.

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 in excess of the minimum period required by paragraph A, 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.

D. A defendant may petition the court for relief of the period of time the defendant may not own, possess or have on the defendant's premises an animal under paragraph A no sooner than one year after entry of conviction for a Class D crime and no sooner than 5 years after entry of conviction for a Class C crime. The defendant shall serve a copy of a petition for relief under this paragraph upon the district attorney concurrently with filing the petition, and the court shall schedule a hearing on the petition under this paragraph within 60 days after the filing of the petition. The defendant bears the burden of proof by a preponderance of evidence that the defendant:

(1) Does not present a danger to animals;

(2) Has the ability to properly care for an animal; and

(3) Has successfully completed all classes or counseling ordered by the court.

If a court grants a petition for relief under this paragraph, the court may reduce the period that the defendant may not own, possess or have on the defendant's premises an animal by an amount of time determined appropriate by the court. The court may order that the defendant comply with reasonable and unannounced inspections for a period of time the court determines appropriate by an appropriate government or law enforcement agency for the purpose of ensuring compliance with any court order or that the person is not committing additional crimes under this section.

SUMMARY

This bill sets the minimum amount of time a person convicted of animal cruelty may not own, possess or have on the person's premises an animal as 5 years for a Class D crime and 15 years for a Class C crime and makes a violation of these time periods a Class D crime. This bill also provides that a person may petition the court to reduce the amount of time that the person may not own, possess or have on the person's premises an animal upon a showing that the person does not present a danger to animals and meets other criteria.

HP0061 LD 64	Session - 129th Maine Legislature		LR 691 Item 1
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