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--- version:Introduced+++ version:(document, no version)@@ -1,84 +1,21 @@-LEGISLATURE OF NEBRASKA-ONE HUNDRED NINTH LEGISLATURE-FIRST SESSION-LEGISLATIVE BILL 133+PREPARED BY: Clinton Verner+LB 133 DATE PREPARED: January 16, 2025+PHONE: 402-471-0056-Introduced by Holdcroft, 36.-Read first time January 13, 2025-Committee: Judiciary-A BILL FOR AN ACT relating to crimes and offenses; to amend section1-28-1008, Revised Statutes Cumulative Supplement, 2024; to change the2-definition of law enforcement officer for purposes of certain3-offenses relating to animals; to repeal the original section; and to4-declare an emergency. 5-Be it enacted by the people of the State of Nebraska,6-LB133-2025-LB133-2025--1--Section 1. Section 28-1008, Revised Statutes Cumulative Supplement,1-2024, is amended to read: 2-28-1008 For purposes of sections 28-1008 to 28-1017, 28-1019, and3-28-1020: 4-(1) Abandon means to leave any animal in one's care, whether as5-owner or custodian, for any length of time without making effective6-provision for its food, water, or other care as is reasonably necessary7-for the animal's health; 8-(2) Animal means any vertebrate member of the animal kingdom. Animal9-does not include an uncaptured wild creature or a livestock animal as10-defined in section 54-902; 11-(3) Cruelly mistreat means to knowingly and intentionally kill,12-maim, disfigure, torture, beat, kick, hit, strike in any manner,13-mutilate, burn, scald, or otherwise inflict harm upon any animal;14-(4) Cruelly neglect means to fail to provide any animal in one's15-care, whether as owner or custodian, with food, water, or other care as16-is reasonably necessary for the animal's health; 17-(5) Humane killing means the destruction of an animal by a method18-which causes the animal a minimum of pain and suffering;19-(6) Law enforcement officer means any member of the Nebraska State20-Patrol, any county or deputy sheriff, any member of the police force of21-any city or village, or any other public official or animal control22-officer authorized by a city , or village, or county to enforce state or23-local animal control laws, rules, regulations, resolutions, or24-ordinances. Law enforcement officer also includes a special investigator25-appointed as a deputy state sheriff as authorized pursuant to section26-81-201 while acting within the authority of the Director of Agriculture27-under the Commercial Dog and Cat Operator Inspection Act;28-(7) Mutilation means intentionally causing permanent injury,29-disfigurement, degradation of function, incapacitation, or imperfection30-to an animal. Mutilation does not include conduct performed by a31-LB133-2025-LB133-2025--2--veterinarian licensed to practice veterinary medicine and surgery in this1-state or conduct that conforms to accepted veterinary practices;2-(8) Owner or custodian means any person owning, keeping, possessing,3-harboring, or knowingly permitting an animal to remain on or about any4-premises owned or occupied by such person; 5-(9) Police animal means a horse or dog owned or controlled by the6-State of Nebraska or any county, city, or village for the purpose of7-assisting a law enforcement officer in the performance of his or her8-official enforcement duties; 9-(10) Repeated beating means intentional successive strikes to an10-animal by a person resulting in serious injury or illness or death to the11-animal; 12-(11) Serious injury or illness includes any injury or illness to any13-animal which creates a substantial risk of death or which causes broken14-bones, prolonged impairment of health, or prolonged loss or impairment of15-the function of any bodily organ; and 16-(12) Torture means intentionally subjecting an animal to extreme17-pain, suffering, or agony. Torture does not include conduct performed by18-a veterinarian licensed to practice veterinary medicine and surgery in19-this state or conduct that conforms to accepted veterinary practices.20-Sec. 2. Original section 28-1008, Revised Statutes Cumulative21-Supplement, 2024, is repealed. 22-Sec. 3. Since an emergency exists, this act takes effect when23-passed and approved according to law. 24-LB133-2025-LB133-2025--3-+Revision: 00+ FISCAL NOTE+ LEGISLATIVE FISCAL ANALYST ESTIMATE++ESTIMATE OF FISCAL IMPACT – STATE AGENCIES (See narrative for political subdivision estimates)+ FY 2025-26 FY 2026-27+EXPENDITURES REVENUE EXPENDITURES REVENUE+GENERAL FUNDS+CASH FUNDS+FEDERAL FUNDS+OTHER FUNDS+TOTAL FUNDS++Any Fiscal Notes received from state agencies and political subdivisions are attached following the Legislative Fiscal Analyst Estimate.++LB133 expands the definition of law enforcement officer under Sec. 28-1008 to include animal control officers authorized by a city,+village, or county. No fiscal impact to the state.
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