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Subject:
From:
Melissa Barnes <[log in to unmask]>
Date:
Tue, 26 Mar 2002 07:37:43 -0800
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Hey folks,
 
Lisette mentioned a bill in Nebraska regarding animal cruelty.  Well, that
bill is actually a list of amendments to the "criminal mischeif" codes in
Nebraska, and as near as I can tell is currently in its final draft mode.
 
It includes the following,
 
Animals siezed as a result of:
A) having been cruelly mistreated, etc.
B) being evidence in any case or
C) pretty much any other reason why an animal might be removed from its
   home by law, will be given the option, as determined by the courts,
   to be given over to a state licensed humane society or shelter.
 
In other words, if an animal has been siezed for one reason or another,
the courts have the option to remand custody of said animal to (only) a
state licensed shelter.  I'm actually not sure how this differs from the
way the law was previously written, but I'm guessing it is an improvement.
 
It is also up to the court's discretion that any adopting or purchasing
party may not sell the animal for up to one year after being given
custody.  So, if you adopt from a shelter an animal who was given over
to that shelter as a result of having been siezed from its original home,
you MUST keep that animal for at least one year.  Pretty cool.
 
The other amendments include heavier consequences for cruelly mistreating
an animal.
 
If a person is found to have cruelly neglected or abandoned an animal,
it is a Class II misdemeanor, (6 months in jail or $1000 or both), but
subsequent offenses are Class I misdemeanors, (one year in jail or $1000
or both).
 
Any person found to have cruelly mistreated an animal is guilty of a Class
I misdemeanor for their first offense, and Class IV felony for subsequent
offenses.  I don't know the specifics of a Class IV felony, but do know
that it is on a par with "Accessory to forgery" and such things, and
results in prison terms of a year or two or more, and fines.
 
All in all, the amendments are quite nice.
 
Definitions of cruelty are not written in the languages of the amendments,
so I assume they haven't changed.  I have copies of animal related city
and state codes, and they are easy to get your hands on.  I would suggest
all members of this list be educated in EXACTLY what your city and state
animal laws are, to include cruelty laws, licensing, zoning, etc., and
related punishments.  A quick email to your local Animal Control office
should get you what you want.
 
Melissa Barnes
[Posted in FML issue 3734]

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