Bill Summary for S 423 (2019-2020)

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Summary date: 

Mar 28 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 423 (Public) Filed Thursday, March 28, 2019
AN ACT CREATING THE NORTH CAROLINA ANIMAL ABUSER REGISTRY AND RELATING TO FORFEITING OWNERSHIP OF AN ANIMAL TREATED CRUELLY, SO AS TO PROHIBIT A PERSON CONVICTED OF A REPEAT VIOLATION OF CRUELTY TO ANIMALS FROM OWNING AN ANIMAL FOR A PERIOD NOT TO EXCEED FIVE YEARS.
Intro. by McKissick, Britt.

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Bill summary

Enacts Article 47A, Animal Abuser Registry, to GS Chapter 14. Defines abuser or animal abuser, animal abuse offense, conviction, and Department. Requires the Department of Public Safety (DPS) to post on its website a publicly accessible list of any persons convicted of an animal abuse offense, defined as any violation of animal cruelty laws set out in Article 47 of GS Chapter 14, beginning January 1, 2020, for offenses committed on or after that date. Requires the list to include the abuser's intake photo, full name, and other identifying data. Prohibits inclusion of personally identifying information, as specified. Requires clerks of court to forward to the Department copies of judgment and the date of birth of all persons convicted of an animal abuse offense within 60 calendar days of the judgment. Requires the Department to maintain the convicted abuser's information for two years following the date of the person's first conviction, and remove the information after two years unless the person has subsequently been convicted of another animal abuse offense during that period. Requires the Department to maintain the information for five years for a person's subsequent conviction for animal abuse, as specified, and remove the information after the five years unless there is a subsequent conviction in those five years. Requires the Department to remove a person's information from the registry if the sole offense requiring the person to be included on the registry is expunged.

Enumerates six activities excepted from Article 47A, including lawful activities conducted for purposes of biomedical research or training, or production of livestock, poultry, or aquatic species.

Amends GS 14-363.2, concerning confiscation of cruelly treated animals. Adds to the statute to provide that any person who is subsequently convicted of any violation of Article 47, GS Chapter 14, after a first conviction forfeits ownership, charge, or custody of all animals and is prohibited from owning an animal for up to five years from the date of conviction. Applies to offenses committed on or after December 1, 2019.