HOUSE BILL 971181
BY REPRESENTATIVES Leyba, S. Johnson, Clarke, Epps, Gordon, Grossman, Hagedorn, Kreutz, Nichol, Saliman, Snyder, Tate, Tupa, Udall, Veiga, and S. Williams;
also SENATORS Perlmutter, Linkhart, Rupert, and Weddig.
CONCERNING PREVENTION OF CRUELTY TO ANIMALS, AND
MAKING AN APPROPRIATION IN CONNECTION THEREWITH.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Part
2 of article 9 of title 18, Colorado Revised Statutes, 1986 Repl.
Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION
to read:
189201.7. Animal cruelty
prevention fund control of fund repeal.
(1) THERE IS HEREBY ESTABLISHED IN THE OFFICE OF THE
STATE TREASURER THE ANIMAL CRUELTY PREVENTION FUND, REFERRED TO
IN THIS PART 2 AS THE "FUND". THE FUND SHALL CONSIST
OF ALL MONEYS PAID AS A SURCHARGE AS PROVIDED IN SECTION 189202 (2) (a.5) (I).
(2) ALL INTEREST DERIVED FROM THE DEPOSIT
AND INVESTMENT OF MONEYS IN THE FUND SHALL BE CREDITED TO THE
FUND. ALL MONEYS IN THE FUND SHALL BE SUBJECT TO APPROPRIATION
BY THE GENERAL ASSEMBLY TO CARRY OUT THE PURPOSES OF SUBSECTION
(4) OF THIS SECTION.
(3) AT THE CONCLUSION OF EACH FISCAL YEAR,
ANY UNEXPENDED AND UNENCUMBERED MONEYS IN THE FUND SHALL REVERT
TO THE ANIMAL PROTECTION FUND, CREATED IN SECTION 3542113,
C.R.S.
(4) NOT MORE THAN FIVE PERCENT OF THE
AGGREGATE AMOUNT OF THE MONEYS IN THE FUND SHALL BE USED TO ADMINISTER
THE FUND. THE REMAINING MONEYS IN THE FUND SHALL BE USED BY THE
DEPARTMENT OF AGRICULTURE TO ASSIST WITH COSTS ASSOCIATED WITH
THE CARE, TREATMENT, OR SHELTER OF ANY ANIMAL THAT IS THE SUBJECT
OF CRUELTY, AND BY THE JUDICIAL BRANCH TO PAY THE COSTS OF COURTORDERED
ANGER MANAGEMENT TREATMENT PROGRAMS AND OTHER PSYCHOLOGICAL EVALUATIONS
AND COUNSELING FOR INDIGENT PERSONS CONVICTED OR ADJUDICATED AS
JUVENILE DELINQUENTS FOR ACTS OF CRUELTY TO ANIMALS. NO MONEYS
FROM THE FUND SHALL BE PAID TO AN OFFENDER.
(5) THE MONEYS IN THE FUND SHALL BE EQUALLY
DIVIDED BETWEEN THE CARE, TREATMENT, AND SHELTER OF ANIMALS AND
THE EVALUATION AND TREATMENT FOR OFFENDERS.
(6) THIS SECTION IS REPEALED, EFFECTIVE
JULY 1, 2001.
SECTION 2. 189202 (2),
Colorado Revised Statutes, 1986 Repl. Vol., is amended BY THE
ADDITION OF A NEW PARAGRAPH to read:
189202. Cruelty to animals
neglect of animals offenses repeal.
(2) (a.5) (I) (A) IN ADDITION TO ANY SENTENCE
IMPOSED UPON A PERSON FOR VIOLATION OF ANY CRIMINAL LAW UNDER
THIS TITLE, ANY PERSON CONVICTED OF COMMITTING CRUELTY TO ANIMALS
PURSUANT TO SUBSECTION (1) OF THIS SECTION, THE UNDERLINING FACTUAL
BASIS OF WHICH HAS BEEN FOUND BY THE COURT TO INCLUDE THE KNOWING
OR INTENTIONAL TORTURE OR TORMENT OF AN ANIMAL WHICH NEEDLESSLY
INJURES, MUTILATES, OR KILLS AN ANIMAL SHALL PAY A SURCHARGE OF
UP TO FOUR HUNDRED DOLLARS TO THE CLERK OF THE COURT IN THE COUNTY
IN WHICH THE CONVICTION OCCURS OR IN WHICH A DEFERRED SENTENCE
IS ENTERED. EACH CLERK SHALL TRANSMIT THE MONEYS TO THE COURT
ADMINISTRATOR OF THE JUDICIAL DISTRICT IN WHICH THE OFFENSE OCCURRED
FOR CREDIT TO THE FUND.
(B) THIS SUBPARAGRAPH (I) IS REPEALED,
EFFECTIVE JULY 1, 2001.
(II) IN ADDITION TO ANY SENTENCE IMPOSED
UPON A PERSON FOR VIOLATION OF ANY CRIMINAL LAW UNDER THIS TITLE,
ANY PERSON CONVICTED OF COMMITTING CRUELTY TO ANIMALS PURSUANT
TO SUBSECTION (1) OF THIS SECTION, THE UNDERLINING FACTUAL BASIS
OF WHICH HAS BEEN FOUND BY THE COURT TO INCLUDE THE KNOWING OR
INTENTIONAL TORTURE OR TORMENT OF AN ANIMAL WHICH NEEDLESSLY INJURES,
MUTILATES, OR KILLS AN ANIMAL, MAY BE ORDERED TO COMPLETE AN ANGER
MANAGEMENT TREATMENT PROGRAM OR ANY OTHER APPROPRIATE TREATMENT
PROGRAM.
(III) THE COURT MAY ORDER AN EVALUATION
TO BE CONDUCTED PRIOR TO SENTENCING IF AN EVALUATION WOULD ASSIST
THE COURT IN DETERMINING AN APPROPRIATE SENTENCE. THE PERSON ORDERED
TO UNDERGO AN EVALUATION SHALL BE REQUIRED TO PAY THE COST OF
THE EVALUATION, UNLESS THE PERSON QUALIFIES FOR A PUBLIC DEFENDER,
THEN THE COST WILL BE PAID BY THE JUDICIAL DISTRICT. IF THE EVALUATION
RESULTS IN A RECOMMENDATION OF TREATMENT AND IF THE COURT SO FINDS,
THE PERSON SHALL BE ORDERED TO COMPLETE AN ANGER MANAGEMENT TREATMENT
PROGRAM OR ANY OTHER TREATMENT PROGRAM THAT THE COURT MAY DEEM
APPROPRIATE.
(IV) UPON SUCCESSFUL COMPLETION OF AN
ANGER MANAGEMENT TREATMENT PROGRAM OR ANY OTHER TREATMENT PROGRAM
DEEMED APPROPRIATE BY THE COURT, THE COURT MAY SUSPEND ANY FINE
IMPOSED, EXCEPT FOR A FIVE HUNDRED DOLLAR MANDATORY MINIMUM FINE
WHICH SHALL BE IMPOSED AT THE TIME OF SENTENCING.
(V) IN ADDITION TO ANY OTHER SENTENCE
IMPOSED UPON A PERSON FOR A VIOLATION OF ANY CRIMINAL LAW UNDER
THIS TITLE, ANY PERSON CONVICTED OF A SECOND OR SUBSEQUENT CONVICTION
FOR ANY CRIME, THE UNDERLYING FACTUAL BASIS OF WHICH HAS BEEN
FOUND BY THE COURT TO INCLUDE AN ACT OF CRUELTY TO ANIMALS, SHALL
BE REQUIRED TO PAY A MANDATORY MINIMUM FINE OF ONE THOUSAND DOLLARS
AND SHALL BE REQUIRED TO COMPLETE AN ANGER MANAGEMENT TREATMENT
PROGRAM OR ANY OTHER APPROPRIATE TREATMENT PROGRAM.
(VI) NOTHING IN THIS PARAGRAPH (a.5) SHALL
PRECLUDE THE COURT FROM ORDERING TREATMENT IN ANY APPROPRIATE
CASE.
(VII) THIS PARAGRAPH (a.5) DOES NOT APPLY
TO THE TREATMENT OF PACK OR DRAFT ANIMALS BY NEGLIGENTLY OVERDRIVING,
OVERLOADING, OR OVERWORKING THEM, OR THE TREATMENT OF LIVESTOCK
AND OTHER ANIMALS USED IN THE FARM OR RANCH PRODUCTION OF FOOD,
FIBER, OR OTHER AGRICULTURAL PRODUCTS WHEN SUCH TREATMENT IS IN
ACCORDANCE WITH ACCEPTED AGRICULTURAL ANIMAL HUSBANDRY PRACTICES,
THE TREATMENT OF ANIMALS INVOLVED IN ACTIVITIES REGULATED PURSUANT
TO ARTICLE 60 OF TITLE 12, C.R.S., THE TREATMENT OF ANIMALS INVOLVED
IN RESEARCH IF SUCH RESEARCH FACILITY IS OPERATING UNDER RULES
AND REGULATIONS SET FORTH BY THE STATE OR FEDERAL GOVERNMENT,
THE TREATMENT OF ANIMALS INVOLVED IN RODEOS, THE TREATMENT OF
DOGS USED FOR LEGAL HUNTING ACTIVITIES, OR TO STATUTES REGULATING
ACTIVITIES CONCERNING WILDLIFE AND PREDATOR CONTROL IN THE STATE,
INCLUDING TRAPPING.
SECTION 3. 192907 (1),
Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended
BY THE ADDITION OF A NEW PARAGRAPH to read:
192907. Sentencing schedule
options. (1) Upon completion
of the sentencing hearing, pursuant to section 192906,
the court shall enter a decree of sentence or commitment imposing
any of the following sentences or combination of sentences, as
appropriate:
(k) ORDERING THE JUVENILE TO COMPLETE
AN ANGER MANAGEMENT TREATMENT PROGRAM OR ANY OTHER APPROPRIATE
TREATMENT PROGRAM, AS PROVIDED IN SECTION 192918.5.
SECTION 4. Part
9 of article 2 of title 19, Colorado Revised Statutes, 1986 Repl.
Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION
to read:
192918.5. Sentencing
animal cruelty anger management treatment.
(1) IN ADDITION TO ANY SENTENCE IMPOSED PURSUANT TO
THIS SECTION, ANY JUVENILE WHO HAS BEEN ADJUDICATED A JUVENILE
DELINQUENT FOR THE COMMISSION OF CRUELTY TO ANIMALS, AS DESCRIBED
IN SECTION 189202 (1) (a), C.R.S., IN WHICH
THE UNDERLINING FACTUAL BASIS OF WHICH HAS BEEN FOUND BY THE COURT
TO INCLUDE THE KNOWING OR INTENTIONAL TORTURE OR TORMENT OF AN
ANIMAL WHICH NEEDLESSLY INJURES, MUTILATES, OR KILLS AN ANIMAL,
MAY BE ORDERED TO COMPLETE AN ANGER MANAGEMENT TREATMENT PROGRAM
OR ANY OTHER TREATMENT PROGRAM DEEMED APPROPRIATE BY THE COURT.
(2) THE COURT MAY ORDER AN EVALUATION
TO BE CONDUCTED PRIOR TO DISPOSITION IF AN EVALUATION WOULD ASSIST
THE COURT IN DETERMINING AN APPROPRIATE DISPOSITION. THE PARENTS
OR LEGAL GUARDIAN OF THE JUVENILE ORDERED TO UNDERGO AN EVALUATION
SHALL BE REQUIRED TO PAY THE COST OF THE EVALUATION. IF THE EVALUATION
RESULTS IN A RECOMMENDATION OF TREATMENT AND IF THE COURT SO FINDS,
THE JUVENILE SHALL BE ORDERED TO COMPLETE AN ANGER MANAGEMENT
TREATMENT PROGRAM OR ANY OTHER TREATMENT PROGRAM DEEMED APPROPRIATE
BY THE COURT.
(3) THE DISPOSITION FOR ANY JUVENILE WHO
HAS BEEN ADJUDICATED A JUVENILE DELINQUENT A SECOND OR SUBSEQUENT
TIME, THE UNDERLYING FACTUAL BASIS OF WHICH HAS BEEN FOUND BY
THE COURT TO INCLUDE AN ACT OF CRUELTY TO ANIMALS, AS DESCRIBED
IN SECTION 189202 (1) (a), C.R.S., SHALL
INCLUDE THE COMPLETION OF AN ANGER MANAGEMENT TREATMENT PROGRAM
OR ANY OTHER TREATMENT PROGRAM DEEMED APPROPRIATE BY THE COURT.
(4) NOTHING IN THIS SECTION SHALL PRECLUDE
THE COURT FROM ORDERING TREATMENT IN ANY APPROPRIATE CASE.
(5) THIS SECTION DOES NOT APPLY TO THE
TREATMENT OF PACK OR DRAFT ANIMALS BY NEGLIGENTLY OVERDRIVING,
OVERLOADING, OR OVERWORKING THEM, OR THE TREATMENT OF LIVESTOCK
AND OTHER ANIMALS USED IN THE FARM OR RANCH PRODUCTION OF FOOD,
FIBER, OR OTHER AGRICULTURAL PRODUCTS WHEN SUCH TREATMENT IS IN
ACCORDANCE WITH ACCEPTED ANIMAL HUSBANDRY PRACTICES, THE TREATMENT
OF ANIMALS INVOLVED IN ACTIVITIES REGULATED PURSUANT TO ARTICLE
60 OF TITLE 12, C.R.S., THE TREATMENT OF ANIMALS INVOLVED IN RESEARCH
IF SUCH RESEARCH FACILITY IS OPERATING UNDER RULES AND REGULATIONS
SET FORTH BY THE STATE OR FEDERAL GOVERNMENT, THE TREATMENT OF
ANIMALS INVOLVED IN RODEOS, THE TREATMENT OF DOGS USED FOR LEGAL
HUNTING ACTIVITIES, OR TO STATUTES REGULATING ACTIVITIES CONCERNING
WILDLIFE AND PREDATOR CONTROL IN THE STATE, INCLUDING TRAPPING.
SECTION 5. 181110 (3),
Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended
to read:
181110. Payment and collection
of fines for class 1, 2, or 3 misdemeanors and class 1 or 2 petty
offenses release from incarceration.
(3) For the purposes of this section, "nonviolent
class 1, 2, or 3 misdemeanor" means a class 1, 2, or 3 misdemeanor
which
THAT does not involve CRUELTY TO AN ANIMAL, AS DESCRIBED IN SECTION
189202 (1) (a), OR the use or threat of
physical force on or to a person in the commission of the misdemeanor.
SECTION 6. Appropriation.
(1) In addition to any other appropriation, there is
hereby appropriated, out of any moneys in the animal cruelty prevention
fund not otherwise appropriated, to the judicial department, for
the fiscal year beginning July 1, 1997, the sum of thirtythree
thousand one hundred seventysix dollars ($33,176), or so
much thereof as may be necessary, for the implementation of this
act.
(2) In addition to any other appropriation,
there is hereby appropriated, out of any moneys in the animal
cruelty prevention fund not otherwise appropriated, to the department
of agriculture, for the fiscal year beginning July 1, 1997, the
sum of thirtyone thousand eight hundred twentyfour
dollars ($31,824), or so much thereof as may be necessary, for
the implementation of this act.
SECTION 7. Effective date. This
act shall take effect July 1, 1997.
SECTION 8. Safety clause.
The general assembly hereby finds, determines, and declares that
this act is necessary for the immediate preservation of the public
peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO