HB1196: HB1196 Crimes; offense of criminal trespass involving a wild animal; provide

26 LC 48 1782S House Bill 1196 (COMMITTEE SUBSTITUTE) By: Representatives Smith of the 18th, Miller of the 62nd, Hong of the 103rd, LaHood of the 175th, Fleming of the 114th, and others A BILL TO BE ENTITLED AN ACT To amend Code Section 16-7-21.2 of the Official Code of Georgia Annotated, relating to1 criminal trespass involving a wild animal, so as to provide for the offense of criminal trespass2 involving a wild animal; to provide for definitions; to provide for penalties; to provide for3 related matters; to repeal conflicting laws; and for other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 Code Section 16-7-21.2 of the Official Code of Georgia Annotate d, relating to criminal7 trespass involving a wild animal, is amended as follows:8 "16-7-21.2.9 (a) As used in this Code section, the term:10 (1) 'Foreign object or substance' means any item or substance in solid, liquid, or gaseous11 form, including, but not limited to, anything likely to be consumed, inhaled, or absorbed12 by the animal, electr onics, biological material, rocks, sticks, chemicals, fluids, or any13 item or substance not authorized by an individual with legal au thority over said wild14 animal.15 H. B. 1196 (SUB) - 1 - 26 LC 48 1782S (2) 'Harass' means to engage in any act which demonstrates a d isregard for the16 well-being of a wild animal, or which creates the likelihood of injury to, the infliction of17 stress to, or disrupts normal behavior patterns of the wild animal, such as feeding,18 watering, resting, and breeding.19 (3) 'Wild animal' means any land or sea animal currently or historically found in the20 wild, other than a domestic animal or livestock, including an animal kept, exhibited, or21 housed at any facility operating with the purpose of public vis itation, conservation,22 education, or science, including, but not limited to, a zoological institution as defined in23 paragraph (87) of Code Section 48-8-3, and any animal kept, exh ibited, or housed in24 aquariums, safaris, or animal sanctuaries. Such term shall include any domestic animal25 or livestock housed, kept, or maintained by any person or corporation that is not operating26 with the purpose of public visitation, conservation, education, or science.27 (b)(1) A person commits the offense of criminal trespass involving a wild animal in the28 first degree if such person enters or knowingly causes a foreig n object or substance to29 enter a cage, enclosure, or other area where a wild animal is housed or otherwise30 contained, into which the person knows he or she has no legal a uthority, license, or31 permission to enter, and harasses the wild animal and such wild animal suffers an injury32 or death.33 (2) A person commits the offense of criminal trespass involvin g a wild animal in the34 second degree if such person enters or knowingly causes a foreign object or substance to35 enter a cage, enclosure, or other area where a wild animal is housed or otherwise36 contained, into which the person knows he or she has no legal a uthority, license, or37 permission to enter.38 (3) A person commits the offense of criminal trespass involvin g a wild animal in the39 third degree if such person knowingly interferes with the opera tion, functionality, or40 integrity of a cage, enclosure, or other area where a wild animal is housed or otherwise41 contained.42 H. B. 1196 (SUB) - 2 - 26 LC 48 1782S (c)(1) A person convicted of the offense of criminal trespass involving a wild animal in43 the first degree shall be guilty of a felony and shall be punished by imprisonment for not44 less than one nor more than ten years.45 (2) A person convicted of the offense of criminal trespass involving a wild animal in the46 second degree shall be guilty of a misdemeanor and punished by imprisonment for not47 more than 12 months.48 (3) A person convicted of the offense of criminal trespass involving a wild animal in the49 third degree shall be guilty of a misdemeanor and punished by imprisonment for not more50 than 12 months.51 (d) In addition to any other fine, penalty, or restitution which may be imposed by law, such52 person would be liable for the cost of any damage to, and loss of, property connected to the53 criminal trespass, including, but not limited to, the injury or death of the wild animal or54 person securing, assisting, or caring for the animal.55 (e) It shall not be an affirmative defense to prosecution under this Code section that:56 (1) Entry into the cage, enclosure, or other area where the wi ld animal was housed or57 otherwise contained was not sufficiently guarded, locked, or otherwise made inaccessible58 so as to prevent entry into the cage, enclosure, or other area;59 (2) The wild animal was provoked by means other than the presence of the person in the60 cage, enclosure, or other area; or61 (3) Injury to the wild animal was necessary to protect the person from injury or death.62 (f) Subsection (b) of this Code section shall not apply to a p erson who enters a cage,63 enclosure, or other area for the purpose of aiding another pers on or a wild animal in the64 cage, enclosure, or other area.65 SECTION 2.66 All laws and parts of laws in conflict with this Act are repealed.67 H. 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