‘An Act To Make Post-conviction Possession of Animals by Certain Persons a Criminal Offense’
| HP0061 LD 64 |
Session - 129th Maine Legislature C "A", Filing Number H-105, Sponsored by
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LR 691 Item 2 |
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| Bill Tracking, Additional Documents | Chamber Status | ||
Amend the bill by striking out the title and substituting the following:
‘An Act To Make Post-conviction Possession of Animals by Certain Persons a Criminal Offense’
Amend the bill by striking out everything after the enacting clause and inserting the following:
‘Sec. 1. 17 MRSA §1031, sub-§3-B, ¶B, as enacted by PL 2003, c. 452, Pt. I, §20 and affected by Pt. X, §2, is repealed.
Sec. 2. 17 MRSA §1031, sub-§3-B, ¶C, as enacted by PL 2003, c. 452, Pt. I, §20 and affected by Pt. X, §2, is amended to read:
Sec. 3. 17 MRSA §1031, sub-§3-B, ¶¶D, E and F are enacted to read:
(1) May 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 time that the court determines to be reasonable, up to and including permanent relinquishment;
(2) Shall 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 5 years, up to and including permanent relinquishment;
(3) May impose any other reasonable restrictions on a defendant's future ownership or custody of an animal as determined by the court to be necessary for the protection of animals, including but not limited to reasonable restrictions on future ownership, possession or custody and prohibiting the person from employment that involves the care of animals or any other contact with animals; and
(4) May order as a condition of probation that probationer be evaluated to determine the need for psychiatric or psychological counseling and, if it is determined to be appropriate by the court, receive psychiatric or psychological counseling at the defendant's expense.
Upon motion by the defendant and upon completion of conditions specified in an order entered under this paragraph, the court may reduce or modify restrictions or conditions imposed under this paragraph.
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
summary
This amendment replaces the bill and changes the title. The amendment authorizes the court in a proceeding for a violation of cruelty to animals to impose conditions, including but not limited to prohibiting ownership or possession of an animal or having an animal on the defendant's premises and prohibiting employment that involves the care of or other contact with animals. The amendment provides that an intentional or knowing violation of a court order issued pursuant to the provisions of the amendment is a Class D crime. The amendment provides a procedure for a defendant to obtain a court order modifying the conditions or restrictions set in a court order.