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SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 1714
103RD GENERAL ASSEMBL Y
5048H.02C JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 578.009, RSMo, and to enact in lieu thereof one new section relating to the
of fense of animal neglect, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 578.009, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 578.009, to read as follows:
578.009. 1. A person commits the of fense of animal neglect if he or she:
2 (1) Has custody or ownership of an animal and fails to provide adequate care; [ or ]
3 (2) Has custody or ownership of an animal, excluding livestock as defined in
4 section 265.300, and fails to pro vide adequate control ; or
5 (3) Knowingly abandons an animal in any place without making provisions for its
6 adequate care or adequate control .
7 2. The of fense of animal neglect is a class C misdemeanor unless the person :
8 (1) Has previously been found guilty of an of fense under this section, or an of fense in
9 another jurisdiction which would constitute an offense under this section, in which case it is a
10 class B misdemeanor ;
11 (2) Fails to prov ide adequate car e or adequate control that res ults in pr operty
12 damage of another , in which case it is a class B misdemeanor; however , if such damage
13 exceeds seven hundred fifty dollars, it is a class E felony;
14 (3) Fails to pr ovide adequate car e or adequate control that r esults in physical
15 injury , as defined in 556.061, to a person, in which case it is a class A misdemeanor;
16 (4) Fails to pro vide adequate car e or adequate contr ol that res ults in serious
17 physical injury , as defined in section 556.061, to a person, in which case it is a class E
18 felony; or
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
19 (5) Fails to pro vide adequate car e or adequate control that re sults in death to a
20 person, in which case it is a class D felony .
21 3. [All fines and penalties for a first finding of guilt under this section may be waived
22 by the court if the person found guilty of animal neglect shows that adequate, permanent
23 remedies for the neglect have been made. Reasonable costs incurred for the care and
24 maintenance of neglected animals may not be waived. This section shall not apply to the
25 provisions of section 578.007 or chapter 272.
26 4. ] In addition to any other penalty imposed by this section, the court may order a
27 person found guilty of animal neglect to pay all reasonable costs and expenses necessary for:
28 (1) The care and maintenance of neglected animals within the person's custody or
29 ownership;
30 (2) The disposal of any dead or diseased animals within the person's custody or
31 ownership;
32 (3) The reduction of resulting org anic debris affectin g the immediate area of the
33 neglect; and
34 (4) The avoidance or minimization of any public health risks created by the neglect of
35 the animals.
36 4. Nothing in this section shall be construed to apply to the acts or facilities
37 exempted under section 578.007.
✔
HCS HB 1714 2