AB381 - Revises provisions related to animals. (BDR 50-793)

- 83rd Session (2025) Assembly Bill No. 381–Assemblymembers Hardy, Hibbetts, Marzola, Miller; Dalia, González, Jauregui, La Rue Hatch, Moore, Nadeem, Nguyen, Orentlicher, Roth and Yeager Joint Sponsor: Senator Scheible CHAPTER.......... AN ACT relating to animals; revising provisions governing the seizure of animals under certain circumstances; revising certain penalties and remedies for acts of animal cruelty; revising certain provisions governing the ownership and care of animals treated cruelly; revising provisions relating to immunity from civil liability for certain actions taken to protect or remove a pet from a motor vehicle under certain circumstances; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires certain officers to: (1) take possession of an animal which is being treated cruelly and provide the animal with shelter and care or, with the permission of the owner, humanely destroy the animal; and (2) give to the owner a notice containing certain information. (NRS 574.055) Section 3 of this bill also authorizes an officer that takes possession of an animal to destroy the animal in a humane manner if: (1) the officer obtains an order from a court; or (2) a licensed veterinarian, veterinarian technician or euthanasia technician examines the animal and recommends that the animal be humanely destroyed. Upon proof that proper notice has been given, existing law authorizes a court of competent jurisdiction to order the animal sold at auction, humanely destroyed or continued in the care of the officer. (NRS 574.055) Section 3 removes the authorization for a court to order the animal sold at auction. Existing law provides that, with certain exceptions, the seizure and disposition of an animal which an officer discovers is being treated cruelly does not apply to any animal which is located on land being employed for an agricultural use. (NRS 574.055) Section 3 removes this exception. Existing law provides that a person who engages in certain acts of torture or cruelty to animals is guilty of a misdemeanor for a first offense, except if the person: (1) willfully and maliciously engages in such an act, the person is guilty of a category D felony; or (2) commits the act to threaten, intimidate or terrorize another person, the person is guilty of a category C felony. (NRS 574.100) Section 4 of this bill provides instead that a willful and malicious violation where the act causes the death of the animal and committing the act to threaten, intimidate or terrorize another person are both a category B felony, punishable by imprisonment in the state prison for a minimum term of 1 year and a maximum term of 6 years. Existing law prohibits the owner, possessor or person in charge or custody of a maimed, diseased, disabled or infirm animal from abandoning the animal, leaving the animal to die in certain public places or allowing the animal to lie in certain public places for more than 3 hours after the person receives notice that the animal is left disabled. A violation of this prohibition is a misdemeanor. (NRS 574.110) Existing law also prohibits a person from abandoning an animal in any other circumstance, with certain exceptions for feral cats. A violation of this prohibition is a misdemeanor that is subject to certain enhanced penalties under certain – 2 – - 83rd Session (2025) circumstances. (NRS 574.100) Section 4 prohibits the abandonment of an animal in all circumstances, with certain exceptions for feral cats. Section 15.5 of this bill repeals the existing law relating to the abandonment of a maimed, diseased, disabled or infirm animal. As a result of this change, the abandonment of an animal, regardless of the health of the animal, is subject to the same penalties and penalty enhancements. Existing law provides that a person who engages in certain acts of torture of or cruelty to a police animal is guilty of: (1) a category D felony if the police animal is not totally disabled or killed; and (2) a category C felony if the police animal is totally disabled or killed. (NRS 574.105) Section 5 of this bill increases these penalties to a category B felony if the police animal is totally disabled or killed, punishable by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years. Existing law sets forth the applicability of certain provisions relating to cruelty to animals. (NRS 574.200) Section 6 of this bill provides that these provisions do not prohibit providing humane relief to an animal to prevent the further suffering of the animal when the animal is gravely injured. Existing law requires that if a person is lawfully arrested for certain crimes against animals and an animal owned or possessed by the person is impounded by the county, city or other local government in connection with the arrest, the person must be notified of his or her right to request a hearing within 5 days. If the person does not request a hearing, or if the owner of the animal has not been identified within 5 days after the arrest, the county, city or other local government which impounded the animal is required to transfer ownership of the animal to an animal rescue organization, animal shelter or another person who is able to provide adequate care and shelter to the animal. (NRS 574.055, 574.203) Sections 3 and 7 of this bill require the owner to be notified of his or her right to request a hearing within 7 calendar days after receiving the notice. Sections 3 and 7 also provide that, if the arrested and detained person does not request a hearing, or the owner of the animal has not been identified within 7 calendar days after the arrest, the animal is forfeited to the county, city or other local government which took possession of the animal, who must then dispose of the animal as the county, city or other local government sees fit. Existing law provides that the knowing, purposeful or reckless killing or injuring of an animal may be an act that constitutes domestic violence. (NRS 33.018) Existing law authorizes a court, by a temporary order, to enjoin the adverse party named in an application for an order for protection against domestic violence from: (1) physically injuring, threatening to injure or taking possession of any animal that is owned or kept by the applicant for the order or a minor child and any animal that is owned or kept by the adverse party; and (2) physically injuring or threatening to injure any animal that is owned or kept by the adverse party. Existing law further authorizes the court, by extended order, to specify arrangements for the possession and care of any animal owned or kept by the adverse party, applicant or minor child. (NRS 33.030) Section 8 of this bill authorizes the court, by temporary order, to enjoin the adverse party from taking possession of an animal that is owned or kept by the adverse party. Existing law requires, if a child is adjudicated delinquent for an unlawful act that involves cruelty to or torture of an animal, the juvenile court to order the child to participate in counseling or other psychological treatment. (NRS 62E.680) Sections 1.9 and 9 of this bill require the juvenile court to order such a child to also undergo a psychological evaluation. Existing law provides that if a person is convicted for an unlawful act involving animal cruelty, a court may order, as a condition of probation, the person to submit – 3 – - 83rd Session (2025) to a psychiatric evaluation and participate in counseling or therapy. (NRS 176A.416) Sections 1.9 and 11 of this bill authorize a court to also order such a person to participate in a rehabilitative or educational program. Section 2 of this bill applies certain definitions in existing law relating to animal cruelty to the provisions of section 1.9. Existing law prohibits a person from leaving a pet in a motor vehicle under certain circumstances. (NRS 202.487) Existing law authorizes a peace officer, an animal control officer, certain governmental officers and certain other persons to use any reasonable means necessary to protect a pet left unattended in a motor vehicle and to remove the pet from the motor vehicle without incurring civil liability, under certain circumstances. (NRS 202.487) Section 14 of this bill provides that a person who is immune from civil liability for taking such actions is also immune from criminal liability. Section 14 also authorizes any other person to whom existing law does not grant immunity from civil liability to use any reasonable means necessary to protect a pet left unattended and to remove the pet from the motor vehicle without incurring civil or criminal liability if the person: (1) determines that the motor vehicle is locked or there is no other reasonable way to protect the pet or remove the pet from the vehicle; (2) reports the violation to a law enforcement agency or certain other governmental entities; (3) remains with the pet until informed that his or her presence is no longer needed by such law enforcement agency or other governmental entity; and (4) cooperates with certain persons who respond to a request for assistance. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Sections 1, 1.2, 1.4, 1.6 and 1.8. (Deleted by amendment.) Sec. 1.9. Chapter 574 of NRS is hereby amended by adding thereto a new section to read as follows: In addition to any other penalty or remedy imposed pursuant to NRS 574.050 to 574.200, inclusive: 1. A court may, pursuant to NRS 176A.416, order a defendant convicted of a violation of a provision of NRS 574.050 to 574.200, inclusive, as a condition of probation, to: (a) Submit to a psychiatric evaluation; (b) Participate in counseling or therapy; or (c) Participate in a rehabilitative or educational program. 2. If a defendant convicted of a violation of a provision of NRS 574.050 to 574.200, inclusive, is a child adjudicated delinquent for an act that involves cruelty to or torture of an animal, the juvenile court shall, pursuant to NRS 62E.680, order the child to undergo a psychological evaluation and participate in counseling or other psychological treatment. – 4 – - 83rd Session (2025) Sec. 2. NRS 574.050 is hereby amended to read as follows: 574.050 As used in NRS 574.050 to 574.200, inclusive [:] , and section 1.9 of this act: 1. “Animal” does not include the human race, but includes every other living creature. 2. “First responder” means a person who has successfully completed the national standard course for first responders. 3. “Police animal” means an animal which is owned or used by a state or local governmental agency and which is used by a peace officer in performing his or her duties as a peace officer. 4. “Torture” or “cruelty” includes every act, omission or neglect, whereby unjustifiable physical pain, suffering or death is caused or permitted. Sec. 3. NRS 574.055 is hereby amended to read as follows: 574.055 Except as otherwise provided in NRS 574.201 to 574.204, inclusive: 1. Any peace officer or animal control officer shall, upon discovering any animal which is being treated cruelly, take possession of [it] the animal and [provide it] : (a) Provide the animal with shelter and care ; or [, upon obtaining] (b) Destroy the animal in a humane manner if: (1) The officer obtains written permission from the owner of the animal [, may destroy it in a humane manner.] ; (2) The officer obtains an order from a court; or (3) A veterinarian, veterinarian technician or euthanasia technician licensed pursuant to chapter 638 of NRS examines the animal and recommends that the animal be humanely destroyed. 2. If an officer takes possession of an animal, the officer shall give to the owner, if the owner can be found, a notice containing a written statement of the reasons for the taking, the location where the animal will be cared for and sheltered, the fact that there is a limited lien on the animal for the cost of shelter and care and , if applicable, notice of the right of the owner to request a hearing pursuant to NRS 574.203 [within] not later than [5] 7 calendar days after receipt of the notice. If the owner is not present at the taking and the officer cannot find the owner after a reasonable search, the officer shall post the notice on the property from which the officer takes the animal. If the identity and address of the owner are later determined, the notice must be mailed to the owner immediately after the determination is made. 3. An officer who takes possession of an animal pursuant to this section has a lien on the animal for the reasonable cost of care – 5 – - 83rd Session (2025) and shelter furnished to the animal and, if applicable, for its humane destruction. The lien does not extend to the cost of care and shelter for more than 2 weeks. 4. [Upon proof that] If the owner of an animal has been notified in accordance with the provisions of subsection 2 and the owner does not request a hearing pursuant to NRS 574.203 or [, if] the owner has not been found [or identified, that] not later than 7 calendar days after the required notice has been posted on the property where the animal was found, [a court of competent jurisdiction may, after providing an opportunity for a hearing, order] the animal [sold at auction, humanely destroyed or continued in the care of] is forfeited to the [officer] county, city or other local government which took possession of the animal for [such] disposition as the [officer] county, city or other local government sees fit [. 5. An officer who seizes an] , which may include, without limitation, the humane destruction of the animal or transferring ownership of the animal [pursuant] to [this section] an animal rescue organization, animal shelter or another person who is able to provide adequate care and shelter to the animal. 5. The State, political subdivisions of the State, any public officers or employees of the State or political subdivisions of the State, and any veterinarian, veterinarian technician or euthanasia technician who recommends the humane destruction of an animal pursuant to subsection 1 are not liable for any action arising out of the taking or humane destruction of the animal. [6. The provisions of this section do not apply to any animal which is located on land being employed for an agricultural use as defined in NRS 361A.030 unless the owner of the animal or the per [Text truncated for display. Full text available on LegiScan.]