An Act To Make Post-conviction Possession of Animals a Criminal Offense
Maine Legislature, Session 129, LD 0064
Committee: Criminal Justice and Public Safety
Sponsors: BAILEY, BERRY, CHENETTE, LAWRENCE
Amends: 17 MRSA §1031

Legislative Document
No. 64
H.P. 61
House of Representatives, January 15, 2019
An Act To Make Post-conviction Possession of Animals a Criminal 
Offense
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative BAILEY of Saco.
Cosponsored by Representative: BERRY of Bowdoinham, Senators: CHENETTE of York, 
LAWRENCE of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  17 MRSA §1031, sub-§3-B, as amended by PL 2009, c. 573, §2, is 
further amended to read:
3-B.  Penalties.  The following apply to violations of this section.
A.  In addition to any other penalty authorized by law and notwithstanding the 
provisions of Title 17-A, section 1202, subsection 1, the court shall impose a fine of 
not less than $500 for each violation of this section, prohibit a defendant convicted of 
a Class D crime under this section from owning, possessing or having on the 
defendant's premises an animal for a period of at least 5 years following entry of 
conviction and prohibit a defendant convicted of a Class C crime under this section 
from owning, possessing or having on the defendant's premises an animal for a period 
of at least 15 years following entry of conviction.  The court may order the defendant 
to pay the costs of the care, housing and veterinary medical treatment for the an 
animal injured by a violation of this section including the costs of relocating the 
animal.  In addition to any other penalty authorized by law, a violation of the 
provisions of this paragraph concerning the period of time that a defendant may not 
own, possess or have on the defendant's premises an animal is a Class D crime.
B.  The court, as part of the sentence for a violation of this section, may prohibit the 
defendant from owning, possessing or having on the defendant's premises an animal 
or animals as determined by the court for a period of time in excess of the minimum 
period required by paragraph A, up to and including permanent relinquishment, as 
determined by the court.  A person placed on probation for a violation of this section 
with a condition that prohibits owning, possessing or having an animal or animals on 
the probationer's premises is subject to revocation of probation and removal of the 
animal or animals at the probationer's expense if this condition is violated.  The court 
as part of the sentence may order, as a condition of probation, that the defendant be 
evaluated to determine the need for psychiatric or psychological counseling and, if it 
is determined appropriate by the court, to receive psychiatric or psychological 
counseling at the defendant's expense.
C.  Title 17-A, section 9-A governs the use of prior convictions when determining a 
sentence.
D.  A defendant may petition the court for relief of the period of time the defendant 
may not own, possess or have on the defendant's premises an animal under paragraph 
A no sooner than one year after entry of conviction for a Class D crime and no sooner 
than 5 years after entry of conviction for a Class C crime. The defendant shall serve a 
copy of a petition for relief under this paragraph upon the district attorney 
concurrently with filing the petition, and the court shall schedule a hearing on the 
petition under this paragraph within 60 days after the filing of the petition. The 
defendant bears the burden of proof by a preponderance of evidence that the 
defendant:
(1)  Does not present a danger to animals;
(2)  Has the ability to properly care for an animal; and
(3)  Has successfully completed all classes or counseling ordered by the court.
If a court grants a petition for relief under this paragraph, the court may reduce the 
period that the defendant may not own, possess or have on the defendant's premises 
an animal by an amount of time determined appropriate by the court.  The court may 
order that the defendant comply with reasonable and unannounced inspections for a 
period of time the court determines appropriate by an appropriate government or law 
enforcement agency for the purpose of ensuring compliance with any court order or 
that the person is not committing additional crimes under this section.
SUMMARY
This bill sets the minimum amount of time a person convicted of animal cruelty may 
not own, possess or have on the person's premises an animal as 5 years for a Class D 
crime and 15 years for a Class C crime and makes a violation of these time periods a 
Class D crime.  This bill also provides that a person may petition the court to reduce the 
amount of time that the person may not own, possess or have on the person's premises an 
animal upon a showing that the person does not present a danger to animals and meets 
other criteria.