H. B. 2372

         (By Delegate Hatfield)

         [Introduced January 12, 2011; 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; and 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 nor more than $20,000 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.

    This section is new; therefore, it has been completely underscored.