H. B. 2061
(By Delegates Hatfield and Wells)
[Introduced February 11, 2009; referred to the
Committee on Agriculture then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §61-8-24, relating to
prohibiting an owner or manager of an elephant from engaging
in abusive behavior towards the elephant; providing criminal
penalties.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §61-8-24, to read as
follows:
ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.
§61-8-24. Abusive behavior towards elephants by owner or manager
prohibited; penalty.
(a) An owner or manager of an elephant may not engage in
abusive behavior towards the elephant. Abusive behavior towards an
elephant, includes, but is not limited to, the discipline of an elephant by any of the following methods:
(1) Deprivation of food, water or rest;
(2) Use of electricity;
(3) Physical punishment resulting in damage, scarring or
breakage of skin;
(4) Insertion of any instrument into any bodily orifice;
(5) Use of martingales; and
(6) Use of block and tackle.
(b) A person who violates subsection (a) of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than $5,000.00 nor more than $20,000.00 or confined
in jail not more than one year, or both fined and confined.
NOTE: The purpose of this bill is to make it a misdemeanor for
an owner or manager of an elephant to engage in abusive behavior
towards the elephant.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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