Bill
Number: H.B. 2483
Mesnard
Floor Amendment
Reference
to: House engrossed bill
Amendment
drafted by: Leg Council
FLOOR
AMENDMENT EXPLANATION
1. Narrows, to contact,
care for or custody of the cat or dog in the person's household that is
intentional, the prohibition on animal possession for a person convicted of the
outlined offenses.
2. Reduces, from 15 years
to 10 years, the time period of the prohibition for a first felony conviction
or a second or subsequent misdemeanor conviction.
3. Allows a person to
apply to have their right to possess a cat or dog restored two and one-half
years, rather than five years, after the person is convicted of a felony
violation.
4. Allows a convicted
person who lives in a household with a cat or dog possessed by another person
in the household to apply to the court for a good cause exception and allows
the court to grant or renew the exception if:
a) the convicted person is
on supervised or unsupervised probation, community supervision or parole or agrees
to be subject to the court's jurisdiction and supervision while living in the
household;
b) the court determines it
is in the best interests of the animal and person who possesses the animal to
allow the convicted person to remain in the same household and reside with the
animal; and
c)
the
convicted person agrees to not intentionally contact, care for or have custody
of the animal.
5. Defines household
to include persons who occupy a housing unit as a usual place of residence,
including:
a) related family members
and all unrelated persons, if any, such as lodgers, foster children, wards or
employees who share the housing unit; and
b)
a
person who lives alone in a housing unit or a group of unrelated persons
sharing a housing unit such as partners or roomers.
6. Defines housing unit
as a house, apartment, mobile home or trailer, group of rooms or single room
occupied as separate living quarters for a household, including:
a) any front, side or rear
yards; and
b)
any
garages and detached garages under the control of the household.
Page 1,
line 6, strike "definition" insert "good cause
exception; definitions"
Line 9,
strike the first "have" insert "intentionally"; strike "with"
Line 23,
strike "fifteen" insert "ten"
Line 32,
strike "five" insert "two
and one-half"
Page 2,
between lines 8 and 9, insert:
"E. A
convicted person who lives in a household with an animal that is owned,
possessed, adopted or fostered by another person in the household may apply to
the court for a good cause exception. A good cause exception is valid for one
year and allows the convicted person to reside in the same household as an
animal. The convicted person may request the court to renew a good
cause exception sixty days before the good cause exception expires. The court
may grant a good cause exception or renew a good cause exception if all of the
following apply:
1. The convicted person
is on supervised or unsupervised probation, community supervision or parole or
agrees to be subject to the court's jurisdiction and supervision while living
in the household.
2. The court determines
that it is in the best interests of the animal and the person who owns, possesses,
adopts or fosters the animal to allow the convicted person to remain in the
same household and reside with the animal.
3. The convicted person
agrees to not intentionally contact, care for or have custody of the animal."
Reletter
to conform
Line 11, strike
the comma insert ":
1."
Line 12,
strike "1." insert "(a)"
Page 2, line
13, strike "2." insert "(b)"
After line
14, insert:
"2. "Household" includes all of the persons who
occupy a housing unit as the person's usual place of residence, including all
of the following:
(a) the related family members and all unrelated persons, if
any, such as lodgers, foster children, wards or employees who share the housing
unit.
(b) A person who lives alone in a housing unit or a group of
unrelated persons sharing a housing unit such as partners or roomers.
3. "Housing unit" means a house,
an apartment, a mobile home or trailer, a group of rooms or a single room
occupied as separate living quarters for a household and includes any front, side
or rear yards and any garages and detached garages that are under the control
of the household."
Amend title to conform