Freedom from Cruelty to Animals Protection Amendment Act of 1999
Bill 13-473

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A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Councilmembers Jim Graham and Kevin Chavous introduced the following bill, which was referred to the Committee on the Judiciary.

To amend Chapter 106 of the Acts of the Legislative Assembly to add the actions of continually chaining any animal to the definition of cruelty to animals, failing to provide air, light, space, and veterinary care, and to add enhanced penalties if the offenses are committed with the intent to commit serious bodily injury or death.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Freedom From Cruelty to Animals Protection Amendment Act of 1999".

Sec. 2. Section 1 of Chapter 106 of the Acts of the Legislative Assembly, adopted August 23, 1871, (D.C. Code §§22-801), is amended as follows:

(a) The existing language is designated as subsection (a).

(b) The newly designated subsection (a) is amended as follows:

(1) Insert the phrase "continually chains," after the phrase "deprives of necessary sustenance,".

(2) Insert the phrase "continually chained," after the phrase "deprived of necessary sustenance,".

(3) Insert the phrase "air, light, space, veterinary care," after the phrase "drink,".

(4) A new sentence is added to the end to read as follows:

"Nothing in this subsection shall be construed to require a showing that such offense be committed with malice or specific intent.".

(c) A new subsection (b) is added to read as follows:

"(b) Whoever commits any of the acts or omissions listed in this section with the intent to commit serious bodily injury or death to an animal, or whoever commits any of the acts or omissions listed in subsection (a) of this section with the result of serious bodily injury or death to the animal, shall for each offense be charged with a felony and punished by imprisonment in jail not exceeding 5 years, or by fine not exceeding $25,000, or by both.".

Sec. 3. The Animal Control Act of 1979, effective October 18, 1979 (D.C. Law 3-30; D.C. Code §6-1001 et seq.), is amended as follows:

(a) Section 9 (D.C. Code §6-1008) is amended by adding new subsections (j) and (k) to read as follows:

"(l) No person shall keep, maintain, control, train, or retain custody of any dog in conjunction with or for the purpose, whether in whole or in part, of aiding, abetting, or conducting any illegal activity, including dog fighting, or committing any crime.

"(k) No person shall have control or custody of any dog and allow, direct, encourage, cause or otherwise aid or assist any dog to threaten, charge, intimidate, bite, harass, menace or attack any person or other animal.".

(b) Section 12 (D.C. Code §6-1011) is amended as follows:

(1) The existing language is designated as subsection (a).

(2) The newly designated subsection (a) is amended by striking the word "Each" and inserting the phrase "Except as provided in subsection (b) of this section, each" in its place.

(3) A new subsection (b) is added to read as follows:

"(b) Each person who violates section 9(j) or (k) shall be fined up to $25,000, sentenced to not more than 2 years of imprisonment, or both.".

Sec. 4. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code §1-233(c)(3)).

Sec. 5. This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), approval by the Financial Responsibility and Management Assistance Authority as provided in section 203(a) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Code §47-392.3(a)), a 30-day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code §1-233(c)(1)), and publication in the District of Columbia Register.