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Introduced Version House Bill 4358 History

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hb4358 intr
H. B. 4358


(By Delegates Hatfield, Spencer, Guthrie,

Wells and Higgins)

[Introduced January 31, 2008; referred to the

Committee on Agriculture and Natural Resources 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 five thousand dollars nor more than twenty thousand dollars 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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