February 13, 2009





HOUSE BILL No. 1468

_____


DIGEST OF HB 1468 (Updated February 11, 2009 6:29 pm - DI 69)



Citations Affected: IC 11-13; IC 15-17; IC 15-21; IC 25-38.1; IC 35-33; IC 35-38; IC 35-46; noncode.

Synopsis: Animal cruelty and commercial dog breeders. Authorizes the court, as a condition of bail or parole, or the parole board, as a condition of parole, to prohibit a person from owning, harboring, or training an animal, and, if the person is prohibited from having direct or indirect contact with an individual, from having direct or indirect contact with any animal belonging to the individual. Establishes commercial dog breeder regulations including: (1) requiring commercial dog breeders to register with the state board of animal health; and (2) establishing standards for premises where dogs are kept and conditions in which dogs are kept. Requires commercial dog breeders to refund the purchase price of a dog sold by the breeder to a purchaser under certain circumstances. Requires pet dealers to maintain certain records Provides that a veterinarian or registered veterinary technician may report a suspected incident of animal cruelty under the law concerning offenses relating to animals to a law enforcement officer. Provides that a person neglects an animal if the person fails to provide reasonable medical care for an animal's injury or illness. Broadens the definition of torturing an animal by administering poison by applying the definition to all vertebrate animals. (Current law applies only to dogs or cats.) Makes abandoning or neglecting an animal a Class A misdemeanor, and enhances the penalty to a Class D felony if the person has a prior conviction. Makes it killing a domestic animal, a Class A misdemeanor, for a person to knowingly or intentionally kill a domestic animal without the consent of the owner of the domestic animal. Makes the offense a Class D felony if the person knew or reasonably should have known the domestic animal was located on real property that was owned by: (1) the owner of the domestic animal; or (2) a person who keeps domestic animals on the real property for the purpose of breeding, boarding, or training domestic animals.

Effective: July 1, 2009.





Lawson L, Van Haaften, Walorski, Neese




    January 14, 2009, read first time and referred to Committee on Courts and Criminal Code.
    February 12, 2009, amended, reported _ Do Pass.






February 13, 2009

First Regular Session 116th General Assembly (2009)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1468



    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 11-13-3-4; (09)HB1468.1.1. -->     SECTION 1. IC 11-13-3-4, AS AMENDED BY P.L.46-2008, SECTION 1, AND AS AMENDED BY P.L.119-2008, SECTION 10, IS CORRECTED AND AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. (a) A condition to remaining on parole is that the parolee not commit a crime during the period of parole.
    (b) The parole board may also adopt, under IC 4-22-2, additional conditions to remaining on parole and require a parolee to satisfy one (1) or more of these conditions. These conditions must be reasonably related to the parolee's successful reintegration into the community and not unduly restrictive of a fundamental right.
    (c) If a person is released on parole, the parolee shall be given a written statement of the conditions of parole. Signed copies of this statement shall be:
        (1) retained by the parolee;
        (2) forwarded to any person charged with the parolee's supervision; and        
        (3) placed in the parolee's master file.
    (d) The parole board may modify parole conditions if the parolee receives notice of that action and had ten (10) days after receipt of the notice to express the parolee's views on the proposed modification. This subsection does not apply to modification of parole conditions after a revocation proceeding under section 10 of this chapter.
    (e) As a condition of parole, the parole board may require the parolee to reside in a particular parole area. In determining a parolee's residence requirement, the parole board shall:
        (1) consider:
            (A) the residence of the parolee prior to the parolee's incarceration; and
            (B) the parolee's place of employment; and
        (2) assign the parolee to reside in the county where the parolee resided prior to the parolee's incarceration unless assignment on this basis would be detrimental to the parolee's successful reintegration into the community.
    (f) As a condition of parole, the parole board may require the parolee to:
        (1) periodically undergo a laboratory chemical test (as defined in IC 14-15-8-1) or series of tests to detect and confirm the presence of a controlled substance (as defined in IC 35-48-1-9); and
        (2) have the results of any test under this subsection reported to the parole board by the laboratory.
The parolee is responsible for any charges resulting from a test required under this subsection. However, a person's parole may not be revoked on the basis of the person's inability to pay for a test under this subsection.
    (g) As a condition of parole, the parole board:
        (1) may require a parolee who is a sex offender (as defined in IC 11-8-8-4.5) to:
            (A) participate in a treatment program for sex offenders approved by the parole board; and
            (B) avoid contact with any person who is less than sixteen (16) years of age unless the parolee:
                (i) receives the parole board's approval; or
                (ii) successfully completes the treatment program referred to in clause (A); and
        (2) shall:
            (A) require a parolee who is a sex or violent offender (as defined in IC 11-8-8-5) to register with a local law enforcement authority under IC 11-8-8;
            (B) prohibit a parolee who is a sex offender from residing within one thousand (1,000) feet of school property (as defined in IC 35-41-1-24.7) for the period of parole, unless the sex offender obtains written approval from the parole board;
            (C) prohibit a parolee who is a sex offender convicted of a sex offense (as defined in IC 35-38-2-2.5) from residing within one (1) mile of the victim of the sex offender's sex offense unless the sex offender obtains a waiver under IC 35-38-2-2.5; and
            (D) prohibit a parolee who is a sex offender from owning, operating, managing, being employed by, or volunteering at any attraction designed to be primarily enjoyed by children less than sixteen (16) years of age;
            (E) require a parolee who is a sex offender to consent:
                (i) to the search of the sex offender's personal computer at any time; and
                (ii) to the installation on the sex offender's personal computer or device with Internet capability, at the sex offender's expense, of one (1) or more hardware or software systems to monitor Internet usage; and
            (F) prohibit the sex offender from:
                (i) accessing or using certain web sites, chat rooms, or instant messaging programs frequented by children; and
                (ii) deleting, erasing, or tampering with information on the sex offender's personal computer with intent to conceal an activity prohibited by item (i).

The parole board may not grant a sexually violent predator (as defined in IC 35-38-1-7.5) or a sex offender who is an offender against children under IC 35-42-4-11 a waiver under subdivision (2)(B) or (2)(C). If the parole board allows the sex offender to reside within one thousand (1,000) feet of school property under subdivision (2)(B), the parole board shall notify each school within one thousand (1,000) feet of the sex offender's residence of the order.
    (h) The address of the victim of a parolee who is a sex offender convicted of a sex offense (as defined in IC 35-38-2-2.5) is confidential, even if the sex offender obtains a waiver under IC 35-38-2-2.5.
    (i) As a condition of parole, the parole board may require a parolee to participate in a reentry court program.
    (j) As a condition of parole, the parole board:
        (1) shall require a parolee who is a sexually violent predator under IC 35-38-1-7.5; and
        (2) may require a parolee who is a sex or violent offender (as defined in IC 11-8-8-5);
to wear a monitoring device (as described in IC 35-38-2.5-3) that can transmit information twenty-four (24) hours each day regarding a person's precise location.
    (k) As a condition of parole, the parole board may prohibit, in accordance with IC 35-38-2-2.6, a parolee who has been convicted of stalking from residing within one thousand (1,000) feet of the residence of the victim of the stalking for a period that does not exceed five (5) years.
     (l) As a condition of parole, the parole board may prohibit a parolee from owning, harboring, or training an animal, and, if the parole board prohibits a parolee from having direct or indirect contact with an individual, the parole board may also prohibit the parolee from having direct or indirect contact with any animal belonging to the individual.
    (l) (m) A parolee may be responsible for the reasonable expenses, as determined by the department, of the parolee's participation in a treatment or other program required as a condition of parole under this section. However, a person's parole may not be revoked solely on the basis of the person's inability to pay for a program required as a condition of parole under this section.
SOURCE: IC 15-17-3-13; (09)HB1468.1.2. -->     SECTION 2. IC 15-17-3-13, AS ADDED BY P.L.2-2008, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 13. In addition to the powers and duties given the board in this article and by law, the board has the powers and duties reasonable and necessary to do the following:
        (1) Provide for the quarantine of animals and objects to prevent, control, and eradicate diseases and pests of animals.
        (2) Develop, adopt, and implement programs and procedures for establishing and maintaining accredited, certified, validated, or designated disease or pest free or disease or pest monitored animals, herds, flocks, or areas, including the following:
            (A) The establishment and maintenance of herds that are monitored for disease or pest syndromes.
            (B) The establishment and maintenance of certified or validated brucellosis free herds, animals, and areas.
            (C) The establishment and maintenance of accredited tuberculosis free herds, animals, and areas.
        (3) Develop, adopt, and implement programs and plans for the prevention, detection, control, and eradication of diseases and pests of animals.
        (4) Control or prohibit, by permit or other means, the movement and transportation into, out of, or within Indiana of animals and objects in order to prevent, detect, control, or eradicate diseases and pests of animals. When implementing controls or prohibitions the board may consider whether animals or objects are diseased, suspected to be diseased, or under quarantine, or whether the animals or objects originated from a country, a state, an area, or a premises that is known or suspected to harbor animals or objects infected with or exposed to a disease or pest of animals.
        (5) Control or prohibit the public and private sale of animals and objects in order to prevent the spread of disease and pests of animals.
        (6) Control the use, sanitation, and disinfection of:
            (A) public stockyards; and
            (B) vehicles used to transport animals and objects into and within Indiana;
        to accomplish the objectives of this article.
        (7) Control the use, sanitation, and disinfection of premises, facilities, and equipment to accomplish the objectives of this article.
        (8) Control the movement of animals and objects to, from, and within premises where diseases or pests of animals may exist.
        (9) Control the movement and disposal of carcasses of animals and objects.
        (10) Control the manufacture, sale, storage, distribution, handling, and use of serums, vaccines, and other biologics and veterinary drugs, except those drugs for human consumption regulated under IC 16-42-19, to be used for the prevention, detection, control, and eradication of disease and pests of animals.
        (11) Control and prescribe the means, methods, and procedures for the vaccination or other treatment of animals and objects and the conduct of tests for diseases and pests of animals.
        (12) Develop, adopt, and implement plans and programs for the identification of animals, objects, premises, and means of conveyances. Plans and programs may include identification:
            (A) of animals or objects that have been condemned under this article; and
            (B) related to classification as to disease, testing, vaccination, or treatment status.
        (13) Establish the terms and method of appraisal or other determination of value of animals and objects condemned under this article, the payment of any indemnities that may be provided

for the animals and objects, and the regulation of the sale or other disposition of the animals or objects.
        (14) Control the sale of baby chicks.
        (15) Cooperate and enter into agreements with the appropriate departments and agencies of this state, any other state, or the federal government to prevent, detect, control, and eradicate diseases and pests of animals.
        (16) Control or prohibit the movement and transportation into, out of, or within Indiana of wild animals, including birds, that might carry or disseminate diseases or pests of animals.
        (17) Provide for condemning or abating conditions that cause, aggravate, spread, or harbor diseases or pests of animals.
        (18) Establish and designate, in addition to the animal disease diagnostic laboratory under IC 21-46-3-1, other laboratories necessary to make tests of any nature for diseases and pests of animals.
        (19) Investigate, develop, and implement the best methods for the prevention, detection, control, suppression, or eradication of diseases and pests of animals.
        (20) Investigate, gather, and compile information concerning the organization, business conduct, practices, and management of any registrant, licensee, permittee, applicant for a license, or applicant for a permit.
        (21) Investigate allegations of unregistered, unlicensed, and unpermitted activities.
        (22) Institute legal action in the name of the state of Indiana necessary to enforce:
            (A) the board's orders and rules; and
            (B) this article.
        (23) Control the collection, transportation, and cooking of garbage to be fed to swine or other animals and all matters of sanitation relating to the collection, transportation, and cooking of garbage affecting the health of swine or other animals and affecting public health and comfort.
        (24) Adopt an appropriate seal.
        (25) Issue orders as an aid to enforcement of the powers granted by this article, IC 15-18-1, and IC 15-19-6.
        (26) Control disposal plants and byproducts collection services and all matters connected to disposal plants and byproducts collection services.
        (27) Abate biological or chemical substances that:
            (A) remain in or on any animal before or at the time of

slaughter as a result of treatment or exposure; and
            (B) are found by the board to be or have the potential of being injurious to the health of animals or humans.
        (28) Regulate the production, manufacture, processing, and distribution of products derived from animals to control health hazards that may threaten:
            (A) animal health;
            (B) the public health and welfare of the citizens of Indiana; and
            (C) the trade in animals and animal products in and from Indiana.
        (29) Cooperate and coordinate with local, state, and federal emergency management agencies to plan and implement disaster emergency plans and programs as the plans and programs relate to animals in Indiana.
        (30) Assist law enforcement agencies investigating allegations of cruelty and neglect of animals.
        (31) Assist organizations that represent livestock producers with issues and programs related to the care of livestock.
         (32) Establish an electronic registry of commercial dog breeders in Indiana.

SOURCE: IC 15-21; (09)HB1468.1.3. -->     SECTION 3. IC 15-21 IS ADDED TO THE INDIANA CODE AS A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]:
     ARTICLE 21. COMMERCIAL DOG BREEDER REGULATION
    Chapter 1. Application and Definitions
    Sec. 1. (a) This article does not apply to an animal shelter, humane society, or animal rescue operation.
    (b) As used in this section, "animal rescue operation" means a person or organization that accepts within a year:
        (1) more than twelve (12) dogs; or
        (2) more than nine (9) dogs and more than three (3) unweaned litters of puppies;
that are available for adoption for human companionship as pets or as companion animals in permanent adoptive homes and that are maintained in a private residential dwelling or uses a system of private residential dwellings as foster homes for the dogs. The term does not include a person or organization that breeds dogs.
    Sec. 2. The definitions in sections 3 through 8 of this chapter apply throughout this article.
    Sec. 3. "Board" refers to the Indiana state board of animal

health established by IC 15-17-3-1.
    Sec. 4. "Commercial dog breeder" means a person who maintains adult female dogs that produce ten (10) or more litters in one (1) twelve (12) month period.
    Sec. 5. "Person" means an individual, corporation, limited liability company, partnership, or other business entity.
    Sec. 6. "Pest" means a pest, pathogen, or parasite that may cause illness to a dog.
    Sec. 7. "Pet dealer" means any person, or the employee of a person, who:
        (1) engages in the sale of dogs to the public for profit; or
        (2) sells or offers for sale more than five (5) dogs in one (1) year.
    Sec. 8. "Veterinarian" means an individual licensed as a veterinarian under IC 25-38.1.
    Chapter 2. Commercial Dog Breeder Registration
    Sec. 1. A person may not operate a commercial dog breeder operation without being registered as a commercial dog breeder with the board.
    Sec. 2. A person who:
        (1) is registered as a commercial dog breeder; and
        (2) operates a commercial dog breeder operation;
shall indicate that the person is registered as a commercial dog breeder in a place clearly visible to the public.
    Sec. 3. A person who knowingly or intentionally violates section 1 of this chapter commits a Class B misdemeanor. However, the offense is a Class A misdemeanor if the commercial dog breeder maintains more than thirty (30) dogs that are at least one (1) year of age and that have not been spayed or neutered.
    Chapter 3. Renewal of a Registration
    Sec. 1. (a) A person's registration as a commercial dog breeder expires after four (4) years.
    (b) The board shall provide for electronic notice of the upcoming expiration of registration to each registrant at least sixty (60) days before the expiration of the four (4) year period.
    Chapter 4. Duties of Commercial Dog Breeders
    Sec. 1. A commercial dog breeder shall do the following:
        (1) Maintain sanitary conditions of the premises where dogs are present.
        (2) Maintain and use equipment for the care of the dogs in a manner to ensure the proper storage and disposal of:
            (A) waste; and


            (B) any disease contaminated material;
        to control vermin, insects, the spread of pests or disease, and obnoxious odors.
        (3) Use effective control measures to prevent infestation of the dogs and premises from external pests and vermin.
        (4) Provide and maintain natural or artificial illumination in all areas where dogs are kept. The illumination must be adequate to provide efficient inspection and cleaning of the dogs, premises, enclosures, and cages. Cages and enclosures that are in use must be placed in a manner to protect each dog from excessive or stressful illumination.
        (5) Provide a sufficiently heated structure to protect the dogs from the cold and to provide for their health and comfort at all times. Except for dogs that require a higher temperature, the temperature of the structure must be at least sixty-five (65) degrees Fahrenheit and not more than seventy-eight (78) degrees Fahrenheit.
        (6) Provide sufficient mechanical ventilation to:
            (A) minimize drafts, offensive odors, and moisture condensation; and
            (B) provide for the health and comfort of the dogs at all times.
        (7) Ensure that each dog that is at least twelve (12) weeks of age has access to an exercise area every day for at least one (1) hour. The commercial dog breeder shall comply with the following requirements:
            (A) The exercise area must allow for unfettered clearance for dogs from their primary enclosure.
            (B) The exercise area must be at least two (2) times the size of the primary enclosure.
            (C) The exercise area fencing must be kept in good repair and be free of rust, jagged edges, or other defects that could cause injury to a dog.
            (D) The exercise area must be cleaned at least daily or more often if necessary to prevent accumulation of debris and waste and to reduce disease hazards, insects, pests, and odors.
            (E) The exercise area must have ground that is solid and maintainable. Exercise areas may use gravel, packed earth, and grass.
             (F) A nursing female dog and the dog's puppies may not be placed in a run with other adult dogs.
        (8) Implant a microchip in every dog on the premises and all of the puppies that are sold, and ensure that the microchips are registered.
        (9) Refrain from hiring a staff member who has been convicted of a misdemeanor or felony under IC 35-46-3.
    Sec. 2. A commercial dog breeder shall provide enclosures for the dogs that conform to the following requirements:
        (1) The enclosure is suited for the breed of dog.
        (2) The enclosure is constructed to enable the dog to remain clean and dry.
        (3) The enclosure is maintained in a manner to prevent the dog's injury or escape.
        (4) The walls and floor of the enclosure are constructed of nonabsorbent, nonporous materials. However, wire flooring may not be used.
        (5) The enclosure must meet the following floor space requirements:
            (A) The minimum floor space for one (1) dog, in square feet, is determined as follows:
                STEP ONE: Measure dog from tip of nose to base of tail in inches.
                STEP TWO: Add six (6) to the number determined in STEP ONE.
                STEP THREE: Square the number determined in STEP TWO.
                STEP FOUR: Divide the number determined in STEP THREE by one hundred forty-four (144).
                STEP FIVE: Multiply the number determined in STEP FOUR by two (2).
            (B) The minimum floor space for two (2) or more dogs, in square feet, where "n" is the total number of dogs more than two (2) dogs, is determined as follows:
                STEP ONE: Determine the minimum floor space under clause (A) for the longest dog.
                STEP TWO: Multiply the number determined in STEP ONE by two (2).
                STEP THREE: Multiply the number determined in STEP ONE by 1.5n.
                STEP FOUR: Add the STEP TWO result to the STEP THREE result.
    Sec. 3. A commercial dog breeder shall ensure that each dog's enclosure is cleaned and disinfected to maintain a sanitary

condition.
    Sec. 4. A commercial dog breeder shall ensure that the dog is provided with sufficient food and water at an interval appropriate to the dog.
    Sec. 5. A commercial dog breeder may not display, offer for sale, sell, or exchange a dog with obvious signs of infection, disease, or illness.
    Sec. 6. If a commercial dog breeder offers a dog for sale, the commercial dog breeder shall clearly post a sign that states the following:
        "THE FOLLOWING INFORMATION IS ALWAYS AVAILABLE ON ALL OF OUR DOGS AND PUPPIES: THE ANIMAL'S DATE OF BIRTH; CITY/TOWN AND STATE OF BIRTH; THE DATE (insert name of the commercial dog breeder) RECEIVED THE ANIMAL; THE ANIMAL'S COMPLETE VACCINATION, DEWORMING, MEDICATION, AND TREATMENT RECORDS; AND THE ANIMAL'S 15 DAY WARRANTY".
    Sec. 7. (a) A commercial dog breeder shall provide a full refund of the purchase price of the dog to the purchaser of a dog who:
        (1) either:
            (A) not more than fifteen (15) days after the sale of the dog, has the dog examined by the purchaser's veterinarian, and the veterinary examination indicates that the dog is diseased; or
            (B) not more than one (1) year after the sale of the dog, has the dog examined by the purchaser's veterinarian, and the veterinary examination indicates that the dog has a congenital disorder; and
        (2) not more than four (4) business days after the date of the veterinarian's examination:
            (A) returns the dog to the commercial dog breeder;
            (B) presents the veterinarian's written statement that the dog is diseased or has a congenital disorder; and
            (C) presents the proof of sale of the dog.
The purchaser may choose to accept an equivalent dog instead of a refund, at the sole discretion of the purchaser.
    (b) The commercial dog breeder shall reimburse the purchaser of a dog returned under subsection (a) for reasonable veterinary bills for the diagnosis and treatment of the dog. The amount of reimbursement under this subsection may not exceed the original purchase price of the dog.


    Sec. 8. A commercial dog breeder may not do any of the following:
        (1) Maintain at a single address or location more than thirty (30) dogs that are at least one (1) year of age and that have not been spayed or neutered.
        (2) Breed a female dog unless the dog:
            (A) has a current annual certification from a licensed veterinarian that the dog is in suitable health for breeding;
            (B) is at least eighteen (18) months of age; and
            (C) is less than eight (8) years of age.
        (3) Permit a female dog to whelp more than one (1) litter per year.
    Chapter 5. Records
    Sec. 1. A commercial dog breeder shall provide a consumer with:
        (1) a copy of a dog's vaccination, medication, and treatment records; and
        (2) a notice of the fifteen (15) day warranty;
at the time a consumer purchases, exchanges, or adopts the dog.
    Sec. 2. A commercial dog breeder shall maintain its records for at least five (5) years.
    Chapter 6. Units
    Sec. 1. (a) As used in this section, "unit" has the meaning set forth in IC 36-1-2-23.
    (b) A unit may adopt an ordinance concerning regulation of commercial dog breeders that imposes more stringent or detailed requirements than the requirements under this article.
    (c) A unit may not enforce an ordinance concerning the regulation of commercial dog breeders that contains requirements less stringent or detailed than the requirements under this article.
    Chapter 7. Pet Dealer
s
     Sec. 1. A pet dealer must maintain a log containing the:
        (1) name;
        (2) address;
        (3) city; and
        (4) state;
of the breeder and broker, if applicable, that provided each puppy sold by the pet dealer. The pet dealer must retain the log for at least two (2) years.
    Sec. 2. A pet dealer must maintain veterinary records of every animal sold by the pet dealer. The pet dealer must retain the veterinary records of every animal sold or offered for sale by the

pet dealer for at least two (2) years.
    Sec. 3. A pet dealer shall make the breeder log described in section 1 of this chapter available to law enforcement officials.
    Sec. 4. A pet dealer shall make the veterinary records described in section 2 of this chapter available to purchasers or prospective purchasers.

SOURCE: IC 25-38.1-4-8.3; (09)HB1468.1.4. -->     SECTION 4. IC 25-38.1-4-8.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 8.3. A veterinarian or registered veterinary technician may report a suspected incident of animal cruelty under IC 35-46-3 to a law enforcement officer.
SOURCE: IC 25-38.1-4-8.5; (09)HB1468.1.5. -->     SECTION 5. IC 25-38.1-4-8.5, AS ADDED BY P.L.58-2008, SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 8.5. A veterinarian or registered veterinary technician who reports in good faith and in the normal course of business a suspected incident of animal cruelty under IC 35-46-3-12 IC 35-46-3 to a law enforcement officer is immune from liability in any civil or criminal action brought for reporting the incident.
SOURCE: IC 35-33-8-3.2; (09)HB1468.1.6. -->     SECTION 6. IC 35-33-8-3.2, AS AMENDED BY P.L.104-2008, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3.2. (a) A court may admit a defendant to bail and impose any of the following conditions to assure the defendant's appearance at any stage of the legal proceedings, or, upon a showing of clear and convincing evidence that the defendant poses a risk of physical danger to another person or the community, to assure the public's physical safety:
        (1) Require the defendant to:
            (A) execute a bail bond with sufficient solvent sureties;
            (B) deposit cash or securities in an amount equal to the bail;
            (C) execute a bond secured by real estate in the county, where thirty-three hundredths (0.33) of the true tax value less encumbrances is at least equal to the amount of the bail;
            (D) post a real estate bond; or
            (E) perform any combination of the requirements described in clauses (A) through (D).
        If the court requires the defendant to deposit cash or cash and another form of security as bail, the court may require the defendant and each person who makes the deposit on behalf of the defendant to execute an agreement that allows the court to retain all or a part of the cash to pay publicly paid costs of representation and fines, costs, fees, and restitution that the court may order the defendant to pay if the defendant is convicted. The

defendant must also pay the fee required by subsection (d).
        (2) Require the defendant to execute:
            (A) a bail bond by depositing cash or securities with the clerk of the court in an amount not less than ten percent (10%) of the bail; and
            (B) an agreement that allows the court to retain all or a part of the cash or securities to pay fines, costs, fees, and restitution that the court may order the defendant to pay if the defendant is convicted.
        A portion of the deposit, not to exceed ten percent (10%) of the monetary value of the deposit or fifty dollars ($50), whichever is the lesser amount, may be retained as an administrative fee. The clerk shall also retain from the deposit under this subdivision fines, costs, fees, and restitution as ordered by the court, publicly paid costs of representation that shall be disposed of in accordance with subsection (b), and the fee required by subsection (d). In the event of the posting of a real estate bond, the bond shall be used only to insure the presence of the defendant at any stage of the legal proceedings, but shall not be foreclosed for the payment of fines, costs, fees, or restitution. The individual posting bail for the defendant or the defendant admitted to bail under this subdivision must be notified by the sheriff, court, or clerk that the defendant's deposit may be forfeited under section 7 of this chapter or retained under subsection (b).
        (3) Impose reasonable restrictions on the activities, movements, associations, and residence of the defendant during the period of release.
        (4) Require the defendant to refrain from any direct or indirect contact with an individual and, if applicable, any animal belonging to the individual, including if the defendant has not been released from lawful detention.
        (5) Place the defendant under the reasonable supervision of a probation officer, pretrial services agency, or other appropriate public official. If the court places the defendant under the supervision of a probation officer or pretrial services agency, the court shall determine whether the defendant must pay the pretrial services fee under section 3.3 of this chapter.
        (6) Release the defendant into the care of a qualified person or organization responsible for supervising the defendant and assisting the defendant in appearing in court. The supervisor shall maintain reasonable contact with the defendant in order to assist

the defendant in making arrangements to appear in court and, where appropriate, shall accompany the defendant to court. The supervisor need not be financially responsible for the defendant.
        (7) Release the defendant on personal recognizance unless:
            (A) the state presents evidence relevant to a risk by the defendant:
                (i) of nonappearance; or
                (ii) to the physical safety of the public; and
            (B) the court finds by a preponderance of the evidence that the risk exists.
         (8) Require the defendant to refrain from owning, harboring, or training an animal.
        (8) (9) Impose any other reasonable restrictions designed to assure the defendant's presence in court or the physical safety of another person or the community.
    (b) Within thirty (30) days after disposition of the charges against the defendant, the court that admitted the defendant to bail shall order the clerk to remit the amount of the deposit remaining under subsection (a)(2) to the defendant. The portion of the deposit that is not remitted to the defendant shall be deposited by the clerk in the supplemental public defender services fund established under IC 33-40-3.
    (c) For purposes of subsection (b), "disposition" occurs when the indictment or information is dismissed or the defendant is acquitted or convicted of the charges.
    (d) Except as provided in subsection (e), the clerk of the court shall:
        (1) collect a fee of five dollars ($5) from each bond or deposit required under subsection (a)(1); and
        (2) retain a fee of five dollars ($5) from each deposit under subsection (a)(2).
The clerk of the court shall semiannually remit the fees collected under this subsection to the board of trustees of the public employees' retirement fund for deposit in the special death benefit fund. The fee required by subdivision (2) is in addition to the administrative fee retained under subsection (a)(2).
    (e) With the approval of the clerk of the court, the county sheriff may collect the bail posted under this section. The county sheriff shall remit the bail to the clerk of the court by the following business day and remit monthly the five dollar ($5) special death benefit fee to the county auditor.
    (f) When a court imposes a condition of bail described in subsection (a)(4):
        (1) the clerk of the court shall comply with IC 5-2-9; and


        (2) the prosecuting attorney shall file a confidential form prescribed or approved by the division of state court administration with the clerk.
SOURCE: IC 35-38-2-2.3; (09)HB1468.1.7. -->     SECTION 7. IC 35-38-2-2.3, AS AMENDED BY P.L.3-2008, SECTION 249, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2.3. (a) As a condition of probation, the court may require a person to do a combination of the following:
        (1) Work faithfully at suitable employment or faithfully pursue a course of study or career and technical education that will equip the person for suitable employment.
        (2) Undergo available medical or psychiatric treatment and remain in a specified institution if required for that purpose.
        (3) Attend or reside in a facility established for the instruction, recreation, or residence of persons on probation.
        (4) Support the person's dependents and meet other family responsibilities.
        (5) Make restitution or reparation to the victim of the crime for damage or injury that was sustained by the victim. When restitution or reparation is a condition of probation, the court shall fix the amount, which may not exceed an amount the person can or will be able to pay, and shall fix the manner of performance.
        (6) Execute a repayment agreement with the appropriate governmental entity to repay the full amount of public relief or assistance wrongfully received, and make repayments according to a repayment schedule set out in the agreement.
        (7) Pay a fine authorized by IC 35-50.
        (8) Refrain from possessing a firearm or other deadly weapon unless granted written permission by the court or the person's probation officer.
        (9) Report to a probation officer at reasonable times as directed by the court or the probation officer.
        (10) Permit the person's probation officer to visit the person at reasonable times at the person's home or elsewhere.
        (11) Remain within the jurisdiction of the court, unless granted permission to leave by the court or by the person's probation officer.
        (12) Answer all reasonable inquiries by the court or the person's probation officer and promptly notify the court or probation officer of any change in address or employment.
        (13) Perform uncompensated work that benefits the community.
        (14) Satisfy other conditions reasonably related to the person's rehabilitation.
        (15) Undergo home detention under IC 35-38-2.5.
        (16) Undergo a laboratory test or series of tests approved by the state department of health to detect and confirm the presence of the human immunodeficiency virus (HIV) antigen or antibodies to the human immunodeficiency virus (HIV), if:
            (A) the person had been convicted of an offense relating to a criminal sexual act and the offense created an epidemiologically demonstrated risk of transmission of the human immunodeficiency virus (HIV); or
            (B) the person had been convicted of an offense relating to a controlled substance and the offense involved:
                (i) the delivery by any person to another person; or
                (ii) the use by any person on another person;
            of a contaminated sharp (as defined in IC 16-41-16-2) or other paraphernalia that creates an epidemiologically demonstrated risk of transmission of HIV by involving percutaneous contact.
        (17) Refrain from any direct or indirect contact with an individual and, if applicable, any animal belonging to the individual.
        (18) Execute a repayment agreement with the appropriate governmental entity or with a person for reasonable costs incurred because of the taking, detention, or return of a missing child (as defined in IC 10-13-5-4).
        (19) Periodically undergo a laboratory chemical test (as defined in IC 14-15-8-1) or series of chemical tests as specified by the court to detect and confirm the presence of a controlled substance (as defined in IC 35-48-1-9). The person on probation is responsible for any charges resulting from a test and shall have the results of any test under this subdivision reported to the person's probation officer by the laboratory.
        (20) If the person was confined in a penal facility, execute a reimbursement plan as directed by the court and make repayments under the plan to the authority that operates the penal facility for all or part of the costs of the person's confinement in the penal facility. The court shall fix an amount that:
            (A) may not exceed an amount the person can or will be able to pay;
            (B) does not harm the person's ability to reasonably be self supporting or to reasonably support any dependent of the person; and
            (C) takes into consideration and gives priority to any other restitution, reparation, repayment, or fine the person is required to pay under this section.
        (21) Refrain from owning, harboring, or training an animal.
        (22) Participate in a reentry court program.
    (b) When a person is placed on probation, the person shall be given a written statement specifying:
        (1) the conditions of probation; and
        (2) that if the person violates a condition of probation during the probationary period, a petition to revoke probation may be filed before the earlier of the following:
            (A) One (1) year after the termination of probation.
            (B) Forty-five (45) days after the state receives notice of the violation.
    (c) As a condition of probation, the court may require that the person serve a term of imprisonment in an appropriate facility at the time or intervals (consecutive or intermittent) within the period of probation the court determines.
    (d) Intermittent service may be required only for a term of not more than sixty (60) days and must be served in the county or local penal facility. The intermittent term is computed on the basis of the actual days spent in confinement and shall be completed within one (1) year. A person does not earn credit time while serving an intermittent term of imprisonment under this subsection. When the court orders intermittent service, the court shall state:
        (1) the term of imprisonment;
        (2) the days or parts of days during which a person is to be confined; and
        (3) the conditions.
    (e) Supervision of a person may be transferred from the court that placed the person on probation to a court of another jurisdiction, with the concurrence of both courts. Retransfers of supervision may occur in the same manner. This subsection does not apply to transfers made under IC 11-13-4 or IC 11-13-5.
    (f) When a court imposes a condition of probation described in subsection (a)(17):
        (1) the clerk of the court shall comply with IC 5-2-9; and
        (2) the prosecuting attorney shall file a confidential form prescribed or approved by the division of state court administration with the clerk.
    (g) As a condition of probation, a court shall require a person:
        (1) convicted of an offense described in IC 10-13-6-10;
        (2) who has not previously provided a DNA sample in accordance with IC 10-13-6; and
        (3) whose sentence does not involve a commitment to the

department of correction;
to provide a DNA sample as a condition of probation.

SOURCE: IC 35-46-3-0.5; (09)HB1468.1.8. -->     SECTION 8. IC 35-46-3-0.5, AS ADDED BY P.L.171-2007, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. The following definitions apply throughout this chapter:
        (1) "Abandon" means to desert an animal or to leave the animal permanently in a place without making provision for adequate long term care of the animal. The term does not include leaving an animal in a place that is temporarily vacated for the protection of human life during a disaster.
        (2) "Beat" means to unnecessarily or cruelly strike an animal, or to throw the animal against an object causing the animal to suffer severe pain or injury. The term does not include reasonable training or disciplinary techniques.
        (3) "Mutilate" means to wound, injure, maim, or disfigure an animal by irreparably damaging the animal's body parts or to render any part of the animal's body useless. The term includes bodily injury involving:
            (A) serious permanent disfigurement;
            (B) serious temporary disfigurement;
            (C) permanent or protracted loss or impairment of the function of a bodily part or organ; or
            (D) a fracture.
        (4) "Neglect" means to:
            (A) endanger an animal's health by failing to provide the animal with food or drink, if the animal is dependent upon the person for the provision of food or drink; or
            (B) restrain an animal for more than a brief period in a manner that endangers the animal's life or health;
            (C) tether an animal
by the use of a rope, chain, or tether that:
                (i) is less than three (3) times the length of the animal;
                (ii) is too heavy to permit the animal to move freely; or
                (iii) causes the animal to choke; or
                (iv) restrains the animal in a manner that physically harms the animal;
            (D) fail to provide reasonable medical care for an animal's injury or illness; or

             (E) leave an animal outside exposed to:
                (i) excessive heat
without providing the animal with a means of shade from the heat; or
                (ii) excessive cold if the animal is not provided with straw or another means of protection from the cold;
            regardless of whether the animal is restrained or kept in a kennel.

        (5) "Torture" means:
            (A) to inflict extreme physical pain or injury on an animal with the sole intent of increasing or prolonging the animal's pain; or
            (B) to administer poison to a cat or dog, vertebrate animal or expose a cat or dog vertebrate animal to a poisonous substance with the intent that the cat or dog vertebrate animal ingest the substance and suffer harm, pain, or physical injury.
SOURCE: IC 35-46-3-5; (09)HB1468.1.9. -->     SECTION 9. IC 35-46-3-5, AS AMENDED BY P.L.2-2008, SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5. (a) Except as provided in subsections (b) through (c), this chapter does not apply to the following:
        (1) Fishing, hunting, trapping, or other conduct authorized under IC 14-22.
        (2) Conduct authorized under IC 15-20-2.
        (3) Veterinary practices authorized by standards adopted under IC 25-38.1-2-14.
        (4) Conduct authorized by a local ordinance.
        (5) Acceptable farm management practices.
        (6) Conduct authorized by IC 15-17-5, and rules adopted under IC 15-17-5 for state or federally inspected livestock slaughtering facilities.
        (7) A research facility registered with the United States Department of Agriculture under the federal Animal Welfare Act (7 U.S.C. 2131 et seq.).
        (8) Destruction of a vertebrate defined as a pest under IC 15-16-5-24.
        (9) Destruction of or injury to a fish.
        (10) Destruction of a vertebrate animal that is:
            (A) endangering, harassing, or threatening livestock or a domestic animal; or
            (B) destroying or damaging a person's property.
         (11) Destruction of an animal by an animal control program, including an animal control facility, an animal shelter, or a humane society.
    (b) Section 1 of this chapter applies to conduct described in subsection (a).
    (c) Destruction of an animal by electrocution is authorized under

this section only if it is conducted by a person who is engaged in an acceptable farm management practice, by a research facility registered with the United States Department of Agriculture under the Animal Welfare Act, or for the animal disease diagnostic laboratory established under IC 21-46-3-1, a research facility licensed by the United States Department of Agriculture, a college, or a university.

SOURCE: IC 35-46-3-4.4; (09)HB1468.1.10. -->     SECTION 10. IC 35-46-3-4.4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4.4. (a) As used in this chapter, "domestic animal" means an animal that is not wild.
    (b) The term is limited to:
        (1) cattle, calves, horses, mules, swine, sheep, goats, dogs, cats, poultry, ostriches, rhea, emus, or other birds;
        (2) an animal of the bovine, equine, ovine, caprine, porcine, canine, feline, avian, camelid, cervidae, or bison species; or
        (3) an aquatic animal that may be the subject of aquaculture (as defined in IC 15-11-7-1).

SOURCE: IC 35-46-3-7; (09)HB1468.1.11. -->     SECTION 11. IC 35-46-3-7, AS AMENDED BY P.L.171-2007, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 7. (a) A person who owns a vertebrate animal and who recklessly, knowingly, or intentionally abandons or neglects the animal commits cruelty to an animal, a Class B misdemeanor. Class A misdemeanor. However, except for a conviction under section 1 of this chapter, the offense is a Class D felony if the person has a prior unrelated conviction under this chapter.
    (b) It is a defense to a prosecution under this section that the owner reasonably believed that the vertebrate animal was capable of surviving on its own.
SOURCE: IC 35-46-3-10; (09)HB1468.1.12. -->     SECTION 12. IC 35-46-3-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 10. A person who knowingly or intentionally attends a fighting contest involving animals commits cruelty to an animal, a Class A misdemeanor. However, except for a conviction under section 1 of this chapter, the offense is a Class D felony if the person has a prior unrelated conviction under this chapter.
SOURCE: IC 35-46-3-12.3; (09)HB1468.1.13. -->     SECTION 13. IC 35-46-3-12.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 12.3. (a) A person who knowingly or intentionally kills a domestic animal without the consent of the owner of the domestic animal commits killing a domestic animal, a Class A misdemeanor.
    (b) However, the offense described in subsection (a) is a Class D

felony if the person knew or reasonably should have known that the domestic animal was located on real property that was owned by:
        (1) the owner of the domestic animal; or
        (2) a person who keeps domestic animals on the real property for the purpose of breeding, boarding, or training domestic animals.
    (c) It is a defense that the accused person reasonably believed the conduct was necessary to prevent injury to the accused person or another person.

SOURCE: ; (09)HB1468.1.14. -->     SECTION 14. [EFFECTIVE JULY 1, 2009] IC 35-46-3-0.5, IC 35-46-3-7, and IC 35-46-3-10, all as amended by this act, apply only to crimes committed after June 30, 2009.