Purebred Rescue would like to acknowledge the tireless efforts of all those who worked constantly before and during the last session of the Georgia Legislature to bring about the passage of SB 297 and other legislation that has been so badly needed for so long.  They deserve the heartfelt thanks of all animal lovers in the State of Georgia and beyond, because without their efforts our animals would be no better off than before.  The following recap of Senate Bill 297 is provided to help in understanding one of the results of those efforts

The Animal Protection Act of 2000

SB 297, the Animal Protection Act of 2000 (as amended in Conference Committee), provides felony punishment for aggravated animal cruelty, passed the Senate unanimously and by all but one vote in the House.  

(For a full version of the bill, click on the following address:  http://www.ganet.org/services/leg/ShowBill.cgi?year=1999&filename=1999/SB297  ) 

Once Governor Roy Barnes signs the bill it will become law effective July 1, 2000. Please write Governor Barnes and ask him to sign this very important legislation for the people and the animals of Georgia. 

Honorable Roy Barnes
Governor of the State of Georgia 
State Capitol
Atlanta GA 30334-0900

 A reception honoring Senator Robert Brown and Representative Robert Reichert and others whose support was instrumental in getting this bill passed is being planned.  For the latest details, click here to go to the Humane Association of Georgia’s home page; they originally proposed the legislation and will be hosting this reception.

Humane Association of Georgia, Inc. 
A coalition of humane societies, animal control and rescue groups and individuals.   

P O Box 6560 / Macon GA 31208
Phone and Fax: (912)745-4099
e-mail:  danesel@aol.com
Visit our website:   http://www.humassocga.org  

SB 297 RECAP: 

This legislation provides a statewide definition of an "animal control officer" and allows impoundment by local governments as well as the Georgia Department of Agriculture.

This legislation makes certain acts of animal cruelty a felony (note that although the word "felony" does not appear in the bill, it is considered a felony because there is felony level punishment).

A felony could be charged where:

"A person commits the offense of aggravated cruelty to animals when he or she knowingly and maliciously causes death or physical harm to an animal by rendering a part of such animal's body useless, or by seriously disfiguring such animal."

The criminal section of this bill is limited by the definitions of animal and willful neglect:

• 'Animal' shall not include any fish nor shall such term include any pest that might be exterminated or removed from a business, residence or other structure.
• 'Willful neglect' means "the intentional withholding of food and water required by an animal to prevent starvation or dehydration".

Punishment:  

Aggravated cruelty (felony) first count:

• Imprisonment for not less than 1 year nor more than 5 years
• A fine not to exceed $15,000
• or both

Aggravated cruelty (felony) second or subsequent counts:

• Imprisonment for not less than 1 year nor more than 5 years;
• A fine not to exceed $100,000 (as provided by Code Section 17-10-8)
• or both

 Misdemeanor cruelty first count:

• Imprisonment for up to 12 months
• A fine not to exceed $1,000 (as provided by Code Section  17-10-3)
• or both

 Misdemeanor cruelty second or subsequent  counts:

• Imprisonment for up to 12 months;
• A fine not to exceed $5,000
• or both

Misdemeanor cruelty second or subsequent counts where the animal dies:

• Imprisonment for not less than 3 months nor more than 12 months, punishment shall not be suspended, probated, or withheld.
• A fine not to exceed $10,000
• or both

The paragraph illustrating areas where this bill will not conflict with (or overrule) another law that permits certain activity reads:

"The provisions of this Code section shall not be construed as prohibiting conduct which is otherwise permitted under the laws of this state or of the United States, including, but not limited to, agricultural, animal husbandry, butchering, food processing, marketing, scientific, research, medical, zoological, exhibition, competitive, hunting, trapping, fishing, wildlife management, or pest control practices or the authorized practice of veterinary medicine nor to limit in any way the authority or duty of the Department of Agriculture, Department of Natural Resources, any county board of health, any law enforcement officer, dog, animal, or rabies control officer, humane society, veterinarian, or private landowner protecting his or her property."

Go to TEXT ONLY Version  

Go to GRAPHICS ENHANCED Version