Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 112 (2022GS)

Sponsor

Rep. Judkins, M.

Final action

House/ filed 3/4/2022

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• changes "dog" to "animal" to prohibit the training or exhibition of any animal for the purpose of fighting other animals;
• repeals the cockfighting statute; and
• makes technical changes.

Every vote on this bill

Bill text

ANIMAL FIGHTING PENALTIES
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Marsha Judkins
Senate Sponsor: 
 Todd D. Weiler
LONG TITLE
General Description:
This bill broadens the application of the dog fighting statute to all animals.
Highlighted Provisions:
This bill:
▸ changes "dog" to "animal" to prohibit the training or exhibition of any animal for
the purpose of fighting other animals;
▸ repeals the cockfighting statute; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-9-301
, as last amended by Laws of Utah 2021, Chapter 57
76-9-301.1
, as last amended by Laws of Utah 2010, Chapter 324
76-9-301.5
, as last amended by Laws of Utah 2008, Chapter 292
77-23a-8
, as last amended by Laws of Utah 2019, Chapter 211
REPEALS:
76-9-301.3
, as enacted by Laws of Utah 2015, Chapter 329
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-9-301
 is amended to read:
76-9-301.
Cruelty to animals.
(1) As used in this section:
(a) (i) "Abandon" means to intentionally deposit, leave, or drop off any live animal:
(A) without providing for the care of that animal, in accordance with accepted animal
husbandry practices or customary farming practices; or
(B) in a situation where conditions present an immediate, direct, and serious threat to
the life, safety, or health of the animal.
(ii) "Abandon" does not include returning wildlife to its natural habitat.
(b) (i) "Animal" means, except as provided in Subsection (1)(b)(ii), a live, nonhuman
vertebrate creature.
(ii) "Animal" does not include:
(A) a live, nonhuman vertebrate creature, if:
(I) the conduct toward the creature, and the care provided to the creature, is in
accordance with accepted animal husbandry practices; and
(II) the creature is:
(Aa) owned or kept by a zoological park that is accredited by, or a member of, the
American Zoo and Aquarium Association;
(Bb) kept, owned, or used for the purpose of training hunting dogs or raptors; or
(Cc) temporarily in the state as part of a circus or traveling exhibitor licensed by the
United States Department of Agriculture under 7 U.S.C. 2133;
(B) a live, nonhuman vertebrate creature that is owned, kept, or used for rodeo
purposes, if the conduct toward the creature, and the care provided to the creature, is in
accordance with accepted rodeo practices;
(C) livestock, if the conduct toward the creature, and the care provided to the creature,
is in accordance with accepted animal husbandry practices or customary farming practices; or
(D) wildlife, as defined in Section 
23-13-2
, including protected and unprotected
wildlife, if the conduct toward the wildlife is in accordance with lawful hunting, fishing, or
trapping practices or other lawful practices.
(c) "Companion animal" means an animal that is a domestic dog or a domestic cat.
(d) "Custody" means ownership, possession, or control over an animal.
(e) "Legal privilege" means an act that:
(i) is authorized by state law, including Division of Wildlife Resources rules; and
(ii) is not in violation of a local ordinance.
(f) "Livestock" means:
(i) domesticated:
(A) cattle;
(B) sheep;
(C) goats;
(D) turkeys;
(E) swine;
(F) equines;
(G) camelidae;
(H) ratites; or
(I) bison;
(ii) domesticated elk, as defined in Section 
4-39-102
;
(iii) a livestock guardian dog, as defined in Section 
76-6-111
; or
(iv) any domesticated nonhuman vertebrate creature, domestic furbearer, or domestic
poultry, raised, kept, or used for agricultural purposes.
(g) "Necessary food, water, care, or shelter" means the following, taking into account
the species, age, and physical condition of the animal:
(i) appropriate and essential food and water;
(ii) adequate protection, including appropriate shelter, against extreme weather
conditions; and
(iii) other essential care.
(h) "Torture" means intentionally or knowingly causing or inflicting extreme physical
pain to an animal in an especially heinous, atrocious, cruel, or exceptionally depraved manner.
(2) Except as provided in Subsection (4) or (6), [
a person
] 
an actor
 is guilty of cruelty
to an animal if the [
person
] 
actor
, without legal privilege to do so, intentionally, knowingly,
recklessly, or with criminal negligence:
(a) fails to provide necessary food, water, care, or shelter for an animal in the person's
custody;
(b) abandons an animal in the person's custody;
(c) injures an animal; 
or
(d) causes any animal[
, not including a dog or game fowl,
] to fight with another animal
[
of like kind
] for amusement or gain[
; or
]
.
[
(e) causes any animal, including a dog or game fowl, to fight with a different kind of
animal or creature for amusement or gain.
]
(3) Except as provided in Section 
76-9-301.7
, a violation of Subsection (2) is:
(a) a class B misdemeanor if committed intentionally or knowingly; and
(b) a class C misdemeanor if committed recklessly or with criminal negligence.
(4) [
A person
] 
An actor
 is guilty of aggravated cruelty to an animal if the [
person
]
actor
:
(a) tortures an animal;
(b) administers, or causes to be administered, poison or a poisonous substance to an
animal; or
(c) kills an animal or causes an animal to be killed without having a legal privilege to
do so.
(5) Except as provided in Subsection (6) or Section 
76-9-301.7
, a violation of
Subsection (4) is:
(a) a class A misdemeanor if committed intentionally or knowingly;
(b) a class B misdemeanor if committed recklessly; and
(c) a class C misdemeanor if committed with criminal negligence.
(6) [
A person
] 
An actor
 is guilty of a third degree felony if the [
person
] 
actor
intentionally or knowingly tortures a companion animal.
(7) It is a defense to prosecution under this section that the conduct of the actor towards
the animal was:
(a) by a licensed veterinarian using accepted veterinary practice;
(b) directly related to bona fide experimentation for scientific research, provided that if
the animal is to be destroyed, the manner employed will not be unnecessarily cruel unless
directly necessary to the veterinary purpose or scientific research involved;
(c) permitted under Section 
18-1-3
;
(d) by [
a person
] 
an actor
 who humanely destroys any animal found suffering past
recovery for any useful purpose; or
(e) by [
a person
] 
an actor
 who humanely destroys any apparently abandoned animal
found on the [
person's
] 
actor's
 property.
(8) For purposes of Subsection (7)(d), before destroying the suffering animal, the
[
person
] 
actor
 who is not the owner of the animal shall obtain:
(a) the judgment of a veterinarian of the animal's nonrecoverable condition;
(b) the judgment of two other [
persons
] 
individuals
 called by the [
person
] 
actor
 to view
the unrecoverable condition of the animal in the [
person's
] 
actor's
 presence;
(c) the consent from the owner of the animal to the destruction of the animal; or
(d) a reasonable conclusion that the animal's suffering is beyond recovery, through the
[
person's
] 
actor's
 own observation, if the [
person
] 
actor
 is in a location or circumstance where
the [
person
] 
actor
 is unable to contact another [
person
] 
individual
.
(9) This section does not affect or prohibit:
(a) the training, instruction, and grooming of animals, if the methods used are in
accordance with accepted animal husbandry practices or customary farming practices;
(b) the use of an electronic locating or training collar by the owner of an animal for the
purpose of lawful animal training, lawful hunting practices, or protecting against loss of that
animal; or
(c) the lawful hunting of, fishing for, or trapping of, wildlife.
(10) County and municipal governments may not prohibit the use of an electronic
locating or training collar.
(11) Upon conviction under this section, the court may in its discretion, in addition to
other penalties:
(a) order the defendant to be evaluated to determine the need for psychiatric or
psychological counseling, to receive counseling as the court determines to be appropriate, and
to pay the costs of the evaluation and counseling;
(b) require the defendant to forfeit any rights the defendant has to the animal subjected
to a violation of this section and to repay the reasonable costs incurred by any person or agency
in caring for each animal subjected to violation of this section;
(c) order the defendant to no longer possess or retain custody of any animal, as
specified by the court, during the period of the defendant's probation or parole or other period
as designated by the court; and
(d) order the animal to be placed for the purpose of adoption or care in the custody of a
county or municipal animal control agency or an animal welfare agency registered with the
state to be sold at public auction or humanely destroyed.
(12) This section does not prohibit the use of animals in lawful training.
(13) A veterinarian who, acting in good faith, reports a violation of this section to law
enforcement may not be held civilly liable for making the report.
Section 2. Section 
76-9-301.1
 is amended to read:
76-9-301.1.
Animal fighting -- Training animals for fighting -- Animal fighting
exhibitions.
[
(1) It is unlawful for any person to:
]
[
(a) own, possess, keep, or train a dog
]
(1) (a) As used in this section:
(i) "Animal" means the same as that term is defined in Section 
76-9-301
.
(ii) "Animal fighting paraphernalia" means equipment, products, or materials of any
kind that are used, intended for use, or designed for use in the training, preparation,
conditioning, or furtherance of animal fighting.
(b) Terms defined in Section 
76-1-101.5
 apply to this section.
(2) An actor commits animal fighting if the actor:
(a) owns, possesses, keeps, or trains an animal
 with the intent to engage it in an
exhibition of fighting with another [
dog
] 
animal
;
(b) [
cause a dog
] 
causes an animal
 to fight with another [
dog
] 
animal
 or [
cause a dog
]
causes an animal
 to injure another [
dog
] 
animal
 for amusement or gain;
(c) [
tie, attach, or fasten
] 
ties, attaches, or fastens
 any live animal to a machine or
device propelled by any power, for the purpose of causing the animal to be pursued by [
a dog
]
another animal
; or
(d) [
permit or allow
] 
permits or allows
 any act which violates Subsection [
(1)
] 
(2)
(a),
(b), or (c) on any premises under [
his
] 
the actor's
 charge[
;
]
,
 or [
to control, aid, or abet
] 
controls,
aids, or abets
 any such act.
(3) (a) A violation of Subsection (2) is a class A misdemeanor.
(b) Notwithstanding Subsection (3)(a), if the animal is a dog, a violation of Subsection
(2) is a third degree felony and any fine imposed may not exceed $25,000.
[
(2)
] 
(4)
 Possession of any [
breaking stick, treadmill, wheel, hot walker, cat mill, cat
walker, jenni, or other
] 
animal fighting
 paraphernalia together with evidence that the
paraphernalia is being used or is intended for use in the unlawful training of [
a dog
] 
an animal
to fight with another [
dog
] 
animal
, together with the possession of any such [
dog
] 
animal
, is
prima facie evidence of 
a
 violation of [
Subsections (1)(b) and (c)
] 
Subsection (2)
.
[
(3) A person who violates Subsection (1) is guilty of a third degree felony, and any
fine imposed may not exceed $25,000.
]
[
(4) It is unlawful for a person to knowingly and intentionally be present as a spectator
at any place, building, or tenement where preparations are being made for an exhibition of dog
fighting, or to knowingly and intentionally be present at a dog fighting exhibition or any other
occurrence of fighting or injury described in this section. A person who violates this
subsection is guilty of a class B misdemeanor.
]
(5) Nothing in this section prohibits any of the following:
(a) the use of dogs for management of livestock by the owner, his employees or agents,
or any other person in the lawful custody of livestock;
(b) the use of dogs for hunting; [
or
]
(c) the training of dogs or the possession or use of equipment in the training of dogs for
any purpose not prohibited by law[
.
]
; or
(d) the lawful use of livestock by the livestock owner, an employee or agent of the
livestock owner, or a person in the lawful custody of livestock.
Section 3. Section 
76-9-301.5
 is amended to read:
76-9-301.5.
Spectator at organized animal fighting exhibitions.
(1) For the purposes of this section, "minor" means an individual under 18 years old.
(2) An actor commits spectator at an organized animal fighting exhibition if the actor:
[
It is unlawful for a person to
] 
(a) is
 knowingly [
be
] present as a spectator
:
(i)
 at any place, building, or tenement where preparations are being made for an
exhibition of the fighting of animals, as prohibited by [
Subsections
] 
Subsection
76-9-301
(2)(d)
[
and (e), or to be present
]
; or
(ii)
 at such exhibition, regardless of whether any entrance fee has been charged[
.
]
; or
(b) causes or allows a minor to attend an animal exhibition prohibited by Subsection
76-9-301
(2)(d).
(3) (a)
 A [
person who violates this section is guilty of
] 
violation of Subsection (2)(a) is
a class B misdemeanor.
(b) A violation of Subsection (2)(b) is a class A misdemeanor.
Section 4. Section 
77-23a-8
 is amended to read:
77-23a-8.
Court order to authorize or approve interception -- Procedure.
(1) The attorney general of the state, any assistant attorney general specially designated
by the attorney general, any county attorney, district attorney, deputy county attorney, or deputy
district attorney specially designated by the county attorney or by the district attorney, may
authorize an application to a judge of competent jurisdiction for an order for an interception of
wire, electronic, or oral communications by any law enforcement agency of the state, the
federal government or of any political subdivision of the state that is responsible for
investigating the type of offense for which the application is made.
(2) The judge may grant the order in conformity with the required procedures when the
interception sought may provide or has provided evidence of the commission of:
(a) any act:
(i) prohibited by the criminal provisions of:
(A) Title 58, Chapter 37, Utah Controlled Substances Act;
(B) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; or
(C) Title 58, Chapter 37d, Clandestine Drug Lab Act; and
(ii) punishable by a term of imprisonment of more than one year;
(b) any act prohibited by the criminal provisions of Title 61, Chapter 1, Utah Uniform
Securities Act, and punishable by a term of imprisonment of more than one year;
(c) an offense:
(i) of:
(A) attempt, Section 
76-4-101
;
(B) conspiracy, Section 
76-4-201
;
(C) solicitation, Section 
76-4-203
; and
(ii) punishable by a term of imprisonment of more than one year;
(d) a threat of terrorism offense punishable by a maximum term of imprisonment of
more than one year, Section 
76-5-107.3
;
(e) (i) aggravated murder, Section 
76-5-202
;
(ii) murder, Section 
76-5-203
; or
(iii) manslaughter, Section 
76-5-205
;
(f) (i) kidnapping, Section 
76-5-301
;
(ii) child kidnapping, Section 
76-5-301.1
;
(iii) aggravated kidnapping, Section 
76-5-302
;
(iv) human trafficking or human smuggling, Section 
76-5-308
; or
(v) aggravated human trafficking or aggravated human smuggling, Section 
76-5-310
;
(g) (i) arson, Section 
76-6-102
; or
(ii) aggravated arson, Section 
76-6-103
;
(h) (i) burglary, Section 
76-6-202
; or
(ii) aggravated burglary, Section 
76-6-203
;
(i) (i) robbery, Section 
76-6-301
; or
(ii) aggravated robbery, Section 
76-6-302
;
(j) an offense:
(i) of:
(A) theft, Section 
76-6-404
;
(B) theft by deception, Section 
76-6-405
; or
(C) theft by extortion, Section 
76-6-406
; and
(ii) punishable by a maximum term of imprisonment of more than one year;
(k) an offense of receiving stolen property that is punishable by a maximum term of
imprisonment of more than one year, Section 
76-6-408
;
(l) a financial card transaction offense punishable by a maximum term of imprisonment
of more than one year, Section 
76-6-506.2
, 
76-6-506.3
, 
76-6-506.5
, or 
76-6-506.6
;
(m) bribery of a labor official, Section 
76-6-509
;
(n) bribery or threat to influence a publicly exhibited contest, Section 
76-6-514
;
(o) a criminal simulation offense punishable by a maximum term of imprisonment of
more than one year, Section 
76-6-518
;
(p) criminal usury, Section 
76-6-520
;
(q) a fraudulent insurance act offense punishable by a maximum term of imprisonment
of more than one year, Section 
76-6-521
;
(r) a violation of Title 76, Chapter 6, Part 7, Utah Computer Crimes Act, punishable by
a maximum term of imprisonment of more than one year, Section 
76-6-703
;
(s) bribery to influence official or political actions, Section 
76-8-103
;
(t) misusing public money or public property, Section 
76-8-402
;
(u) tampering with a witness or soliciting or receiving a bribe, Section 
76-8-508
;
(v) retaliation against a witness, victim, or informant, Section 
76-8-508.3
;
(w) tampering with a juror, retaliation against a juror, Section 
76-8-508.5
;
(x) extortion or bribery to dismiss criminal proceeding, Section 
76-8-509
;
(y) obstruction of justice, Section 
76-8-306
;
(z) destruction of property to interfere with preparation for defense or war, Section
76-8-802
;
(aa) an attempt to commit crimes of sabotage, Section 
76-8-804
;
(bb) conspiracy to commit crimes of sabotage, Section 
76-8-805
;
(cc) advocating criminal syndicalism or sabotage, Section 
76-8-902
;
(dd) assembly for advocating criminal syndicalism or sabotage, Section 
76-8-903
;
(ee) riot punishable by a maximum term of imprisonment of more than one year,
Section 
76-9-101
;
(ff) [
dog
] 
animal
 fighting, training [
dogs
] 
animals
 for fighting, or [
dog
] 
animal
 fighting
exhibitions punishable by a maximum term of imprisonment of more than one year, Section
76-9-301.1
;
(gg) possession, use, or removal of an explosive, chemical, or incendiary device and
parts, Section 
76-10-306
;
(hh) delivery to a common carrier or mailing of an explosive, chemical, or incendiary
device, Section 
76-10-307
;
(ii) exploiting prostitution, Section 
76-10-1305
;
(jj) aggravated exploitation of prostitution, Section 
76-10-1306
;
(kk) bus hijacking or assault with intent to commit hijacking, Section 
76-10-1504
;
(ll) discharging firearms and hurling missiles, Section 
76-10-1505
;
(mm) violations of Title 76, Chapter 10, Part 16, Pattern of Unlawful Activity Act, and
the offenses listed under the definition of unlawful activity in the act, including the offenses not
punishable by a maximum term of imprisonment of more than one year when those offenses
are investigated as predicates for the offenses prohibited by the act, Section 
76-10-1602
;
(nn) communications fraud, Section 
76-10-1801
;
(oo) money laundering, Sections 
76-10-1903
 and 
76-10-1904
; or
(pp) reporting by a person engaged in a trade or business when the offense is
punishable by a maximum term of imprisonment of more than one year, Section 
76-10-1906
.
Section 5. 
Repealer.
This bill repeals:
Section 
76-9-301.3
,
Game fowl fighting.