Amends TCA Title 39, Chapter 14, Part 2.
Under present law, intentionally or knowingly failing unreasonably to provide necessary food, water, care or shelter for an animal in the person's custody is conduct that constitutes the offense of cruelty to animals. Animal cruelty is a Class A misdemeanor for a first offense and a Class E felony for a second or subsequent offense. This bill revises the above provision to remove the reference to shelter, adds specific requirements for shelters, and classifies the failing unreasonably to provide shelter in accordance with the requirements as conduct that constitutes the offense of animal cruelty. Under this bill, failing unreasonably to do the following will constitute animal cruelty: (1) Provide necessary shelter for an animal other than a dog in the person's custody; or (2) Provide shelter in a structure that meets the following requirements for a dog in the person's custody: (A) The structure must be four-sided and ventilated with an entrance on one side, a roof, and a solid floor that is in good repair and allows the dog to remain reasonably dry and maintain normal body temperature; (B) The dimensions of the entrance and structure must allow each dog present to enter, stand, turn around, and lie down in a natural manner, whether in the same structure or by providing multiple structures, and protect the dog from adverse weather and direct sunlight; and (C) During cold weather, the structure must contain bedding material that is sufficient to promote the retention of body heat and during summer months a separate natural or artificial shaded area must be available outside the structure and accessible by the dog.
Under present law, intentionally or knowingly failing unreasonably to provide necessary food, water, care or shelter for an animal in the person's custody is conduct that constitutes the offense of cruelty to animals. Animal cruelty is a Class A misdemeanor for a first offense and a Class E felony for a second or subsequent offense. This bill revises the above provision to remove the reference to shelter, adds specific requirements for shelters, and classifies the failing unreasonably to provide shelter in accordance with the requirements as conduct that constitutes the offense of animal cruelty. Under this bill, failing unreasonably to do the following will constitute animal cruelty: (1) Provide necessary shelter for an animal other than a dog in the person's custody; or (2) Provide shelter in a structure that meets the following requirements for a dog in the person's custody: (A) The structure must be four-sided and ventilated with an entrance on one side, a roof, and a solid floor that is in good repair and allows the dog to remain reasonably dry and maintain normal body temperature; (B) The dimensions of the entrance and structure must allow each dog present to enter, stand, turn around, and lie down in a natural manner, whether in the same structure or by providing multiple structures, and protect the dog from adverse weather and direct sunlight; and (C) During cold weather, the structure must contain bedding material that is sufficient to promote the retention of body heat and during summer months a separate natural or artificial shaded area must be available outside the structure and accessible by the dog.
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