AB 747

Under current law, no person may mistreat an animal, fail to provide an animal

for which they are responsible with proper food, water, or shelter, or abandon an

animal. Under most circumstances, a person who does any of these things is guilty

of a Class A misdemeanor.

Under this bill, a person who intentionally mistreats an animal, fails to provide

an animal for which they are responsible with proper food, water, or shelter, or

abandons an animal is guilty of a Class A misdemeanor if the animal suffers bodily

harm, except that if the person commits the violation in the presence of a child under

the age of 18, the person is guilty of a Class I felony. If the animal suffers great bodily

harm, the person is guilty of a Class E felony, except that if the person commits the

violation in the presence of a child under the age of 18, the person is guilty of a Class

D felony. If the animal dies as a result of the person's actions, the person is guilty

of a Class D felony, except that if the person commits the violation in the presence

of a child under the age of 18, the person is guilty of a Class C felony.

Under the bill, a person who recklessly mistreats an animal, fails to provide an

animal for which they are responsible with proper food, water, or shelter, or abandons

an animal is guilty of a Class B misdemeanor if the animal suffers bodily harm,

except that if the person commits the violation in the presence of a child under the

age of 18, the person is guilty of a Class A misdemeanor. If the animal suffers great

bodily harm, the person is guilty of a Class H felony, except that if the person commits

the violation in the presence of a child under the age of 18, the person is guilty of a

Class G felony. If the animal dies as a result of the person's actions, the person is

guilty of a Class F felony, except that if the person commits the violation in the

presence of a child under the age of 18, the person is guilty of a Class E felony.

The bill makes it illegal for a person to cause a child under the age of 18 to

mistreat an animal. A person who does so is guilty of a Class F felony if the child is

under the age of 13 and is guilty of a Class H felony if the child has attained the age

of 13 but is under the age of 18.

Under the bill, a sentencing court may order a person who is guilty of felony

animal mistreatment, failure to provide proper food, water, or shelter, or

abandonment to undergo a psychological assessment and to participate in anger

management or psychological counseling or treatment.

Under current law, a judge or circuit court commissioner may issue a temporary

restraining order or grant an injunction that bars a person who has committed

certain violations from contacting or approaching the victim of his or her actions.

Under the bill, a judge or circuit court commissioner may include in the

restraining order or injunction an order for the person to refrain from mistreating

or threatening to mistreat an animal that the victim owns or cares for.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a