Protection of animals.

WORKING DRAFT
2013
STATE OF
WYOMING
13LSO-0291.E1

SENATE FILE
NO.
SF0137

Protection of animals.

Sponsored by:
Senator(s) Burns and Representative(s) Zwonitzer, Dn.

A BILL

for

AN ACT relating to
protection of animals;
providing for authority to prevent animal cruelty and to take charge of certain animals as specified; making conforming changes;
and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 6
‑
3
‑
203
(h)
and by creating new subsections (q) and (r) is
amended to read:

6
‑
3
‑
203.

Cruelty to animals; penalties; limitation on manner of destruction.

(h)

If a person convicted of a violation of this section is also the owner of the animal, the court may require the person to forfeit ownership of the animal to
the county in which the person is convicted. This subsection shall not affect the interest of any secured party or other person who has not participated in the offense.

Nothing in
this
sub
section shall be deemed to
affect

any

authority to prevent
animal cruelty under
subsection (q) or (r) of this section
.

(q)

Any
local government
peace officer

or animal control officer as authorized by W.S. 15
‑
1
‑
103(a)(xiv)

may lawfully interfere to prevent the perpetration of any act of cruelty upon any animal
,
including a household pet
,
in his presence. Any person who interferes with, obstructs or resists any peace officer in the discharge of his duty
under this subsection
shall be fined not less than two hundred dollars ($200.00) nor more than one thousand five hundred dollars ($1,500.00), or imprisoned not more than one (1) year, or both.
As used in this subsection "animal" shall not include livestock as define
d
in W.S.
11
‑
20
‑
101(a)(iv).
Except in cases of gross or willful negligence, nothing in this subsection shall apply to any livestock guarding animal or livestock herding dog which is actively engaged in protecting or herding livestock.

(r)

Any
local government
peace officer

or animal control officer as authorized by W.S. 15
‑
1
‑
103(a)(xiv)

may take charge of any animal including a household pet found abandoned, neglected or cruelly treated as defined in
this section
. He shall give notice to the owner, if known, and may care and provide for the animal until the animal is released or destroyed. The expenses of care and provision is a charge against the owner of the animal and collectible from the owner by the local government employing the peace officer taking charge of the animal in a civil action. The
local government may detain the animal
until the expense for food, shelter and care is paid and
may
have a lien upon the
animal
.
As used in this subsection "animal" shall not include livestock as defined in W.S.
11
‑
20
‑
101(a)(iv).

Except in cases of gross or willful negligence, nothing in this subsection shall apply to any livestock guarding animal or livestock herding dog which is actively engaged in protecting or herding livestock.

Section 2.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

1
SF0137