Siegel biting back at animal rights activists

S.F No. 126, as introduced: 83rd Legislative Session (2003-2004) Posted on Jan 22, 2003

  1.1                          A bill for an act 
  1.2             relating to animals; providing criminal penalties for 
  1.3             activities related to cockfighting, dogfighting, and 
  1.4             fighting of other domestic animals; creating 
  1.5             procedures for disposition and care of the animals; 
  1.6             providing for hearings; clarifying admissibility of 
  1.7             certain evidence; amending Minnesota Statutes 2002, 
  1.8             section 343.31. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2002, section 343.31, is 
  1.11  amended to read: 
  1.12     343.31 [ANIMAL FIGHTS PROHIBITED AND POSSESSION OF FIGHTING 
  1.13  ANIMALS.] 
  1.14     Subdivision 1.  [PENALTY FOR ANIMAL FIGHTING; ATTENDING 
  1.15  ANIMAL FIGHT.] Any A person who: 
  1.16     (1) promotes or, engages in, or is employed at in the 
  1.17  activity of cockfighting, dogfighting, or violent pitting of one 
  1.18  domestic animal against another of the same or a different kind; 
  1.19  or 
  1.20     (2) receives money for the admission of any a person to any 
  1.21  a place used, or about to be used, for that activity; or 
  1.22     (3) willfully permits any a person to enter or use for that 
  1.23  activity premises of which the permitter is the owner, agent, or 
  1.24  occupant; or 
  1.25     (4) uses, trains, or possesses a dog or other animal for 
  1.26  the purpose of participating in, engaging in, or promoting that 
  1.27  activity 
  2.1   is guilty of a felony.  Any A person who purchases a ticket of 
  2.2   admission or otherwise gains admission to that activity is 
  2.3   guilty of a misdemeanor. 
  2.4      Subd. 2.  [PENALTY FOR POSSESSING A FIGHTING DOG.] It is a 
  2.5   gross misdemeanor for a person to own, possess, or have custody 
  2.6   of a dog that has been trained or is being trained for use in 
  2.7   dog fights.  It is conclusive that a dog has been trained or is 
  2.8   being trained to fight if: 
  2.9      (1) the dog exhibits fresh wounds, scarring, or other 
  2.10  indications that the dog has been or will be used for fighting; 
  2.11  and 
  2.12     (2) the person possesses training apparatus, paraphernalia, 
  2.13  or drugs known to be used to prepare dogs to be fought. 
  2.14     Subd. 3.  [AFFIRMATIVE DEFENSE.] It is an affirmative 
  2.15  defense to prosecution, if it is proven by a preponderance of 
  2.16  the evidence, that: 
  2.17     (1) the person does not use the dog in dog fighting or 
  2.18  train the dog to be used in dog fighting; and 
  2.19     (2) drugs, accompanying drug paraphernalia, or exercise 
  2.20  equipment found in the person's possession are used solely to 
  2.21  maintain the health of the dog. 
  2.22     Subd. 4.  [PENALTY FOR POSSESSING FIGHTING BIRDS.] It is a 
  2.23  gross misdemeanor for a person to own, possess, or have custody 
  2.24  of a cock or other type of bird that has been trained or is 
  2.25  being trained for use in bird fights.  It is conclusive that a 
  2.26  bird has been trained or is being trained to fight if: 
  2.27     (1) the bird exhibits fresh wounds, scarring, or other 
  2.28  indications that the bird has been or will be used for fighting; 
  2.29  and 
  2.30     (2) the person possesses training apparatus, paraphernalia, 
  2.31  or drugs known to be used to prepare birds to be fought. 
  2.32     Subd. 5.  [AFFIRMATIVE DEFENSE.] It is an affirmative 
  2.33  defense to prosecution, if it is proven by a preponderance of 
  2.34  the evidence, that: 
  2.35     (1) the person does not use the bird in bird fighting or 
  2.36  train the bird to be used in bird fighting; and 
  3.1      (2) drugs, accompanying drug paraphernalia, or exercise 
  3.2   equipment found in the person's possession are used solely to 
  3.3   maintain the health of the bird. 
  3.4      Subd. 6.  [PEACE OFFICER DUTIES.] Animals described in 
  3.5   subdivisions 2 and 4 are dangerous weapons and constitute an 
  3.6   immediate danger to the safety of humans.  A peace officer or 
  3.7   animal control authority may remove, shelter, and care for an 
  3.8   animal found in the circumstances described in subdivision 2 or 
  3.9   4.  If necessary, a peace officer or animal control authority 
  3.10  may deliver the animal to another person to be sheltered and 
  3.11  cared for.  In all cases, the peace officer must immediately 
  3.12  notify the owner, if known, as provided in subdivision 7.  The 
  3.13  peace officer, animal control authority, or other person 
  3.14  assuming care of the animal shall have a lien on it for the 
  3.15  actual cost of care and keeping of the animal.  If the owner or 
  3.16  custodian is unknown and cannot by reasonable effort be 
  3.17  ascertained, or does not, within ten days after notice, redeem 
  3.18  the animal by paying the expenses authorized by this 
  3.19  subdivision, the animal may be disposed of as provided in 
  3.20  subdivision 7. 
  3.21     Subd. 7.  [DISPOSITION.] (a) An animal taken into custody 
  3.22  under subdivision 6 may be humanely disposed of at the 
  3.23  discretion of the jurisdiction having custody of the animal ten 
  3.24  days after the animal is taken into custody, if the procedures 
  3.25  in paragraph (c) are followed. 
  3.26     (b) The owner of an animal taken into custody under 
  3.27  subdivision 6 may prevent disposition of the animal by posting 
  3.28  security in an amount sufficient to provide for the actual costs 
  3.29  of care and keeping of the animal.  The security must be posted 
  3.30  within ten days of the seizure inclusive of the date of the 
  3.31  seizure. 
  3.32     (c)(1) The authority taking custody of an animal under 
  3.33  subdivision 6 must give notice of this section by delivering or 
  3.34  mailing it to the owner of the animal, posting a copy of it at 
  3.35  the place where the animal is taken into custody, or delivering 
  3.36  it to a person residing on the property and telephoning, if 
  4.1   possible.  The notice must include: 
  4.2      (i) a description of the animal seized; the authority and 
  4.3   purpose for the seizure; the time, place, and circumstances 
  4.4   under which the animal was seized; and the location, address, 
  4.5   telephone number, and contact person where the animal is kept; 
  4.6      (ii) a statement that the owner of the animal may post 
  4.7   security to prevent disposition of the animal and may request a 
  4.8   hearing concerning the seizure and impoundment and that failure 
  4.9   to do so within ten days of the date of the notice will result 
  4.10  in disposition of the animal; and 
  4.11     (iii) a statement that all actual costs of the care, 
  4.12  keeping, and disposal of the animal are the responsibility of 
  4.13  the owner of the animal, except to the extent that a court or 
  4.14  hearing officer finds that the seizure or impoundment was not 
  4.15  substantially justified by law.  The notice must also include a 
  4.16  form that can be used by a person claiming an interest in the 
  4.17  animal for requesting a hearing. 
  4.18     (2) The owner may request a hearing within ten days of the 
  4.19  date of the seizure.  If requested, a hearing must be held 
  4.20  within five business days of the request to determine the 
  4.21  validity of the impoundment.  The municipality taking custody of 
  4.22  the animal or the municipality from which the animal was seized 
  4.23  may either (i) authorize a licensed veterinarian with no 
  4.24  financial interest in the matter or professional association 
  4.25  with either party, or (ii) use the services of a hearing officer 
  4.26  to conduct the hearing.  An owner may appeal the hearing 
  4.27  officer's decision to the district court within five days of the 
  4.28  notice of the decision. 
  4.29     (3) The judge or hearing officer may authorize the return 
  4.30  of the animal if the judge or hearing officer finds that (i) the 
  4.31  animal is physically fit; (ii) the person claiming an interest 
  4.32  in the animal can and will provide the care required by law for 
  4.33  the animal; and (iii) the animal has not been used for violent 
  4.34  pitting or fighting. 
  4.35     (4) The person claiming an interest in the animal is liable 
  4.36  for all actual costs of care, keeping, and disposal of the 
  5.1   animal, except to the extent that a court or hearing officer 
  5.2   finds that the seizure or impoundment was not substantially 
  5.3   justified by law.  The costs must be paid in full or a mutually 
  5.4   satisfactory arrangement for payment must be made between the 
  5.5   municipality and the person claiming an interest in the animal 
  5.6   before the return of the animal to the person. 
  5.7      Subd. 8.  [PHOTOGRAPHS.] (a) Photographs of animals seized 
  5.8   during an investigation are competent evidence if the 
  5.9   photographs are admissible into evidence under all the rules of 
  5.10  law governing the admissibility of photographs into evidence.  A 
  5.11  satisfactorily identified photographic record is as admissible 
  5.12  in evidence as the animal itself. 
  5.13     (b) A photograph must be accompanied by a written 
  5.14  description of the animals seized, the name of the owner of the 
  5.15  animals seized, the date of the photograph, and the signature of 
  5.16  the photographer. 
  5.17     Subd. 9.  [VETERINARY INVESTIGATIVE REPORT.] (a) A report 
  5.18  completed by a Minnesota licensed veterinarian following an 
  5.19  examination of an animal seized during an investigation is 
  5.20  competent evidence.  A satisfactorily identified veterinary 
  5.21  investigative report is as admissible in evidence as the animal 
  5.22  itself. 
  5.23     (b) The veterinary investigative report may contain a 
  5.24  written description of the animal seized, the medical evaluation 
  5.25  of the physical findings, the prognosis for recovery, and the 
  5.26  date of the examination and must contain the signature of the 
  5.27  veterinarian performing the examination.

Source:  http://www.revisor.leg.state.mn.us/cgi-bin/getbill.pl?session=ls83&version=latest&session_number=0&session_year=2003&number=sf0126