CHAPTER 196

FORMERLY

SENATE BILL NO. 50

AS AMENDED BY

SENATE AMENDMENT NOS. I AND 2 AND HOUSE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND SUBCHAPTER VII OF CHAPTER 5, TITLE 11, DELAWARE CODE, RELATING TO CRUELTY TO ANIMALS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each Howe thereof concurring therein):

Section 1. Amend Section 1325, Subsection (b), Subchapter VII, Chapter 5, Title 11, Delaware Code, by adding thereto a new subsection (4) to read as follows:

"(4) Cruelly or unnecessarily kills or injures any animal whether belonging to himself or another. This section does not apply to the killing of any animal normally or commonly raised as food for human consumption, provided that such killing is not cruel. A person acts unnecessarily if the act Is not required to terminate an animal's suffering, to protect the life or property of the actor of another person, or if other means of disposing of an animal exist which would not impair the health or well-being of that animal."

Section 2. Amend subsection (a), Section 1325, Title 11 of the Delaware Code, by adding a new paragraph (11) which shall read as follows:

"(ll)"Animal" shall not Include fish, crustacea or molluska."

Section 3. Amend §1325, Title 11, Delaware Code, by striking the next to the last sentence of subsection (b), and substituting In lieu thereof the following:

Paragraphs (1), (2), and (4) of this subsection are inapplicable to accepted veterinary practices and activities carried on for scientific research."

Approved July 19,1983.