EXPLANATION:
C
APITALS INDICATE MATTER ADDED TO EXISTING LAW
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[
Brackets
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indicate matter deleted from existing law.Underlining indicates amendments to bill.Strike out indicates matter stricken from the bill by amendment or deleted from the law byamendment.
*sb0747*
SENATE BILL 747
D4, E1 1lr2615SB 736/09
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JPR CF HB 407By:
Senator Stone Senators Stone, Raskin, Brochin, Forehand, and Jacobs
Introduced and read first time: February 4, 2011Assigned to: Judicial ProceedingsCommittee Report: Favorable with amendmentsSenate action: AdoptedRead second time: March 16, 2011CHAPTER ______ AN ACT concerning1
Domestic Violence
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Cruelty Toward a Pet or Service Animal
2FOR the purpose of authorizing a District Court Commissioner, in a certain interim3protective order, and a judge, in a temporary protective order or final protective4order, to order a respondent to remain away from a certain pet or service5animal, to refrain from cruelty or aggravated cruelty toward the pet or service6animal, or in certain circumstances, to give the pet or service animal to a7certain person; providing certain penalties for failure to comply with certain8relief ordered in a certain interim protective order, temporary protective order,9or final protective order; defining certain terms; and generally relating to10domestic violence and cruelty toward a pet or service animal.11BY repealing and reenacting, without amendments,12Article
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Criminal Law13Section 10
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601(a), (b), and (c), 10
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604(a), and 10
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606(a)14Annotated Code of Maryland15(2002 Volume and 2010 Supplement)16BY repealing and reenacting, without amendments,17Article
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Family Law18Section 4
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501(a) and (l)19Annotated Code of Maryland20(2006 Replacement Volume and 2010 Supplement)21BY adding to22
2
SENATE BILL 747
Article
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Family Law1Section 4
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501(m) and (q), 4
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504.1(c)(9), 4
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505(a)(2)(ix), and 4
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506(d)(13)2Annotated Code of Maryland3(2006 Replacement Volume and 2010 Supplement)4BY repealing and reenacting, with amendments,5Article
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Family Law6Section 4
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501(m), (n), (o), (p), (q), and (r), 4
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504.1(c)(7) and (8), 4
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505(a)(2)(vii)7and (viii), 4
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506(d)(11) and (12), and 4
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509(a)8Annotated Code of Maryland9(2006 Replacement Volume and 2010 Supplement)10SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF11MARYLAND, That the Laws of Maryland read as follows:12
Article
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Criminal Law
1310
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601.14(a) In this subtitle the following words have the meanings indicated.15(b)
“Animal” means a living creature except a hu
man being.16(c) (1)
“Cruelty” means the unnecessary or unjustifiable physical pain or
17suffering caused or allowed by an act, omission, or neglect.18(2)
“Cruelty” includes torture and torment.
1910
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604.20(a) A person may not:21(1) overdrive or overload an animal;22(2) deprive an animal of necessary sustenance;23(3) inflict unnecessary suffering or pain on an animal;24(4) cause, procure, or authorize an act prohibited under item (1), (2), or25(3) of this subsection; or26(5) if the person has charge or custody of an animal, as owner or27otherwise, unnecessarily fail to provide the animal with nutritious food in sufficient28quantity, necessary veterinary care, proper drink, air, space, shelter, or protection29from the weather.3010
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606.31
SENATE BILL 747
3
(a) A person may not:1(1) intentionally mutilate, torture, cruelly beat, or cruelly kill an2animal;3(2) cause, procure, or authorize an act prohibited under item (1) of this4subsection; or5(3) except in the case of self
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defense, intentionally inflict bodily harm,6permanent disability, or death on an animal owned or used by a law enforcement unit.7
Article
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Family Law
84
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501.9(a) In this subtitle the following words have the meanings indicated.10(l)
“Person eligible for relief” includes:
11(1) the current or former spouse of the respondent;12(2) a cohabitant of the respondent;13(3) a person related to the respondent by blood, marriage, or adoption;14(4) a parent, stepparent, child, or stepchild of the respondent or the15person eligible for relief who resides or resided with the respondent or person eligible16for relief for at least 90 days within 1 year before the filing of the petition;17(5) a vulnerable adult; or18(6) an individual who has a child in common with the respondent.19
(
M
) (1)
“P
ET
”
MEANS A DOMESTICATED ANIMAL
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20
(2)
“P
ET
”
DOES NOT INCLUDE LIVESTOCK
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21
[
(m)
]
(
N
)
(1)
“Petitioner” means an individual who files a petition.
22(2)
“Petitioner” includes:
23(i) a person eligible for relief; or24(ii) the following persons who may seek relief from abuse on25behalf of a minor or vulnerable adult:26
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