Amends TCA Title 39; Title 43; Title 44 and Title 63, Chapter 12.
IMPOUNDED ANIMAL - NOTIFYING LAW ENFORCEMENT<br /> <br /> This bill clarifies that prior to entering into a place to supply an impounded animal with necessary food and water, the person must notify the appropriate local law enforcement agency of the person's intent to enter and the circumstances justifying the entry.<br /> <br /> IMPOUNDED ANIMAL - PROBABLE CAUSE <br /> <br /> Notwithstanding present law, this bill provides that an official, employee, or agent of the department of agriculture or any other state or local department or agency must not enter private property without probable cause to believe that a criminal offense has occurred or is occurring. This provision does not limit the ability to enter private property pursuant to the consent of the property owner, a warrant, or a recognized warrant exception.<br /> <br /> PREVENTION OF CRUELTY TO ANIMALS<br /> <br /> This bill provides that prior to making an arrest or interfering, an officer, agent, or member of a society which is incorporated for the prevention of cruelty to animals, must notify the appropriate local law enforcement agency of the person's intent to make an arrest or interfere to prevent an act of cruelty and the circumstances justifying the action.<br /> <br /> OFFENSES<br /> <br /> Present law provides that a person commits an offense if without consent of the owner:<br /> <br /> (1) The person exercises control over an animal facility or other property from an animal facility with the intent to deprive the owner of the facility or property and to disrupt the enterprise conducted at the animal facility;<br /> <br /> (2) The person damages an animal facility or damages any animal or property in or on an animal facility with the intent to disrupt or damage the enterprise conducted at the animal facility and the damage exceeds $500; or<br /> <br /> (3) The person damages or destroys an animal facility or damages any animal or property in or on an animal facility and the damage is $500 or less, or enters or remains on an animal facility with the intent to disrupt or damage the enterprise conducted at the animal facility, and the person (i) had notice that the entry was forbidden; (ii) knew or should have known that the animal facility was or had closed to the public; or (iii) received notice to depart but failed to do so. <br /> <br /> Present law provides that nothing described above applies to, affects, or otherwise prohibits actions taken by the department of agriculture, any other federal, state, or local department or agency, or any official, employee or agent thereof while in the exercise or performance of any power or duty imposed by law or by rule and regulation. This bill adds to this provision by prohibiting any official, employee, or agent of the department of agriculture, any other state or local department or agency from entering private property without probable cause to believe that a criminal offense has occurred or is occurring. However, this provision does not limit the ability to enter private property pursuant to the consent of the property owner, a warrant, or a recognized warrant exception.<br />
IMPOUNDED ANIMAL - NOTIFYING LAW ENFORCEMENT<br /> <br /> This bill clarifies that prior to entering into a place to supply an impounded animal with necessary food and water, the person must notify the appropriate local law enforcement agency of the person's intent to enter and the circumstances justifying the entry.<br /> <br /> IMPOUNDED ANIMAL - PROBABLE CAUSE <br /> <br /> Notwithstanding present law, this bill provides that an official, employee, or agent of the department of agriculture or any other state or local department or agency must not enter private property without probable cause to believe that a criminal offense has occurred or is occurring. This provision does not limit the ability to enter private property pursuant to the consent of the property owner, a warrant, or a recognized warrant exception.<br /> <br /> PREVENTION OF CRUELTY TO ANIMALS<br /> <br /> This bill provides that prior to making an arrest or interfering, an officer, agent, or member of a society which is incorporated for the prevention of cruelty to animals, must notify the appropriate local law enforcement agency of the person's intent to make an arrest or interfere to prevent an act of cruelty and the circumstances justifying the action.<br /> <br /> OFFENSES<br /> <br /> Present law provides that a person commits an offense if without consent of the owner:<br /> <br /> (1) The person exercises control over an animal facility or other property from an animal facility with the intent to deprive the owner of the facility or property and to disrupt the enterprise conducted at the animal facility;<br /> <br /> (2) The person damages an animal facility or damages any animal or property in or on an animal facility with the intent to disrupt or damage the enterprise conducted at the animal facility and the damage exceeds $500; or<br /> <br /> (3) The person damages or destroys an animal facility or damages any animal or property in or on an animal facility and the damage is $500 or less, or enters or remains on an animal facility with the intent to disrupt or damage the enterprise conducted at the animal facility, and the person (i) had notice that the entry was forbidden; (ii) knew or should have known that the animal facility was or had closed to the public; or (iii) received notice to depart but failed to do so. <br /> <br /> Present law provides that nothing described above applies to, affects, or otherwise prohibits actions taken by the department of agriculture, any other federal, state, or local department or agency, or any official, employee or agent thereof while in the exercise or performance of any power or duty imposed by law or by rule and regulation. This bill adds to this provision by prohibiting any official, employee, or agent of the department of agriculture, any other state or local department or agency from entering private property without probable cause to believe that a criminal offense has occurred or is occurring. However, this provision does not limit the ability to enter private property pursuant to the consent of the property owner, a warrant, or a recognized warrant exception.<br />
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