AN ACT to amend the Indiana Code concerning animals and to make an appropriation.
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 convicted of an offense under IC 35-46-3 from owning,
harboring, or training an animal, and, if the parole board prohibits
a parolee convicted of an offense under IC 35-46-3 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.
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 a registry of commercial dog brokers and
commercial dog breeders in Indiana.
and
(5) five hundred dollars ($500) if the person has more than
two hundred fifty (250) unaltered female dogs at least twelve
(12) months of age.
The fee shall be deposited in the commercial dog breeder and
broker fund established by section 3 of this chapter.
(d) A person who registers or renews a registration as a
commercial dog breeder must include the following:
(1) The name and address of the person's commercial dog
breeding operation.
(2) The name and address of the registrant.
(3) A statement that the person's commercial dog breeding
operation complies with the requirements of IC 15-21-4.
(4) Any other information related to taxation that is required
by the board.
(e) A person who knowingly or intentionally makes a material
misstatement in a commercial dog breeder registration statement
commits false registration as a commercial dog breeder, a Class A
misdemeanor.
Sec. 2. (a) A commercial dog broker shall register annually with
the board.
(b) The board shall provide for notice of the upcoming
expiration of registration to each registrant at least thirty (30) days
before the expiration of the one (1) year period.
(c) The fee to register or renew a registration as a commercial
dog broker is one thousand dollars ($1,000). The fee shall be
deposited in the commercial dog breeder and broker fund
established by section 3 of this chapter.
(d) A person who registers or renews a registration as a
commercial dog broker must include the following:
(1) The name and address of the person acting as a
commercial dog broker.
(2) The name and location of the person's commercial dog
broker business.
(3) Any other information related to taxation that is required
by the board.
(e) A person who knowingly or intentionally makes a material
misstatement in a commercial dog broker registration statement
commits false registration as a commercial dog broker, a Class A
misdemeanor.
Sec. 3. (a) The commercial dog breeder and broker fund is
established for the purpose of funding:
(1) the inspection of commercial dog breeding operations by
the board; and
(2) the enforcement by the board of laws concerning
commercial dog breeders and commercial dog brokers.
The fund shall be administered by the board.
(b) The fund consists of commercial dog breeder and
commercial dog broker fees.
(c) The expenses of administering the fund shall be paid from
money in the fund.
(d) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested. Interest that
accrues from these investments shall be deposited in the fund.
(e) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
(f) Money in the fund is continually appropriated to carry out
the purposes of the fund.
(g) The board may adopt rules under IC 4-22-2 to implement
this chapter.
Chapter 4. Duties of Commercial Dog Breeders
Sec. 1. (a) A commercial dog breeder shall comply with the
standards of care set forth in 9 CFR 3.1 through 9 CFR 3.12.
(b) A commercial dog breeder:
(1) may not house a dog in a cage containing a wire floor
unless the cage contains an accommodation that allows the
dog to be off the wire floor;
(2) who houses a dog in a wire cage shall house the dog in a
cage that is large enough to allow for reasonable movement by
the dog; and
(3) shall, subject to subsection (c), provide every dog with a
reasonable opportunity for exercise outside of a cage at least
one (1) time per day.
(c) A commercial dog breeder who permits a dog access to a run
at least one (1) time per day has satisfied the exercise requirement
described in subsection (b)(3). However, a commercial dog breeder
is not required to provide a dog with the opportunity for exercise
if exercise would endanger the dog's life or health.
Chapter 5. Records
Sec. 1. A commercial dog breeder shall provide a consumer with
a copy of a dog's vaccination, medication, and treatment records
at the time the 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) After December 31, 2009, a unit may not adopt an ordinance
concerning regulation of commercial dog breeders that imposes
more stringent or detailed requirements than the requirements
under this article. A unit may enforce an ordinance concerning
regulation of commercial dog breeders that imposes more stringent
or detailed requirements than the requirements under this article
if the ordinance was adopted before January 1, 2010.
Chapter 7. Enforcement
Sec. 1. (a) The board may enforce this article when the board
determines that sufficient funds have been deposited in the
commercial dog breeder and broker fund to permit enforcement.
(b) In enforcing this article, the board may:
(1) seek injunctive relief;
(2) issue an order of compliance notifying the commercial dog
breeder or commercial dog broker of a violation and
requiring corrective action by a certain date; and
(3) impose a civil penalty of not more than:
(A) five hundred dollars ($500) for a knowing violation;
(B) one thousand dollars ($1,000) for an intentional
violation; and
(C) five thousand dollars ($5,000) for knowingly or
intentionally violating an injunction.
(c) The board may seek an injunction to prohibit a commercial
dog breeder from registering with the board for not more than
three (3) years.
(d) Subsection (a) does not prohibit the board from assisting a
law enforcement agency in a criminal investigation.
member commits, attempts to commit, or conspires to commit any of
the following against another family or household member:
(1) A homicide offense under IC 35-42-1.
(2) A battery offense under IC 35-42-2.
(3) Kidnapping or confinement under IC 35-42-3.
(4) A sex offense under IC 35-42-4.
(5) Robbery under IC 35-42-5.
(6) Arson or mischief under IC 35-43-1.
(7) Burglary or trespass under IC 35-43-2.
(8) Disorderly conduct under IC 35-45-1.
(9) Intimidation or harassment under IC 35-45-2.
(10) Voyeurism under IC 35-45-4.
(11) Stalking under IC 35-45-10.
(12) An offense against the family under IC 35-46-1-2 through
IC 35-46-1-8, IC 35-46-1-12, or IC 35-46-1-15.1.
(13) Human and sexual trafficking crimes under IC 35-42-3.5.
(14) A crime involving animal cruelty and a family or household
member under IC 35-46-3-12(b)(3) IC 35-46-3-12(b)(2) or
IC 35-46-3-12.5.
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 the defendant has been
charged with an offense under IC 35-46-3, 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 a defendant charged with an offense under
IC 35-46-3 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.
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:
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.
section; or
(2) the person knowingly or intentionally tortures or mutilates a
vertebrate animal; or
(3) (2) the person committed the offense with the intent to
threaten, intimidate, coerce, harass, or terrorize a family or
household member.
(c) A person who knowingly or intentionally tortures or
mutilates a vertebrate animal commits torturing or mutilating a
vertebrate animal, a Class D felony.
(d) As used in this subsection, "domestic animal" means an
animal that is not wild. The term is limited to:
(1) cattle, calves, horses, mules, swine, sheep, goats, dogs, cats,
poultry, ostriches, rhea, and emus; and
(2) an animal of the bovine, equine, ovine, caprine, porcine,
canine, feline, camelid, cervidae, or bison species.
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 D felony.
(c) (e) It is a defense to a prosecution under this section that the
accused person:
(1) reasonably believes the conduct was necessary to:
(A) prevent injury to the accused person or another person;
(B) protect the property of the accused person from destruction
or substantial damage; or
(C) prevent a seriously injured vertebrate animal from
prolonged suffering; or
(2) engaged in a reasonable and recognized act of training,
handling, or disciplining the vertebrate animal.
(d) (f) When a court imposes a sentence or enters a dispositional
decree under this section, concerning a person described in subdivision
(1), the court:
(1) shall consider requiring:
(A) a person convicted of an offense under this section; or
(B) a child adjudicated a delinquent child for committing an
act that would be a crime under this section if committed by an
adult;
to receive psychological, behavioral, or other counseling as a part
of the sentence or dispositional decree; and
(2) may order an individual described in subdivision (1) to receive
psychological, behavioral, or other counseling as a part of the
sentence or dispositional decree.
IC 15-21-3-1, and IC 15-21-3-2, all as added by this act, and IC 35-46-3-0.5, IC 35-46-3-7, IC 35-46-3-10, and IC 35-46-3-12, all as amended by this act, apply only to crimes committed after June 30, 2009.