A BILL TO BE ENTITLED
AN ACT to amend the law regarding the civil remedy for protection of animals, as recommended by the general statutes commission.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 1 of Chapter 19A of the General Statutes reads as rewritten:
"Article 1.
"Civil Remedy for Protection of Animals.
"§ 19A‑1.  Definitions.
The following definitions apply in this Article:
(1)	The  term "animals" includes every living vertebrate in the classes Amphibia, Reptilia, Aves, and Mammalia except human beings.
(2)	The terms "cruelty" and "cruel treatment" include every act, omission, or neglect whereby unjustifiable physical pain, suffering, or death is caused or  permitted.
	"§ 19A-1.1.  Prohibition.
No person shall engage in cruelty to or cruel treatment of any animal.
"§ 19A-1.2.  Exemptions.
This Article shall not apply to the following activities conducted in compliance with commonly accepted practices:
(1)	The lawful taking of animals under the jurisdiction and regulation of the Wildlife Resources Commission, except that this Article applies to those birds exempted by the Wildlife Resources Commission from its definition of "wild birds" pursuant to G.S. 113-129(15a).
(2)	Activities conducted for purposes of biomedical research or training or for purposes of production of livestock, poultry, or aquatic species.
(3)	Activities conducted for the primary purposes of providing food for human or animal consumption.
(4)	Activities conducted for veterinary purposes by or under the supervision of licensed veterinarians.
(5)	The lawful destruction of any animal for the purposes of protecting the public, other animals, or the public health.
(6)	Lawful activities for sport.
"§ 19A‑2.  Purpose.
It shall be the purpose of this Article to provide a civil remedy for the protection and humane treatment of animals in addition to any criminal remedies that are available and it shall be proper in any action to combine causes of action against one or more defendants for the protection of one or more animals. A real party in interest as plaintiff shall be held to include any  person even though the person does not have a possessory or ownership right in an animal; a real party in interest as defendant shall include any person who owns or has possession of an animal.
"§ 19A‑3.   Temporary restraining order.
Upon the filing of a verified complaint in the district court in the county in which cruelty to an animal has allegedly occurred, the judge may, in  the judge's discretion, issue a  temporary restraining order in accordance with the procedures set forth in G.S. 1A‑1, Rule 65. Every such  temporary restraining order, if the  plaintiff so requests, may give the  plaintiff the right to provide suitable care for the animal. 
"§ 19A-3.1.  Preliminary injunction.
If the court finds, after a hearing pursuant to G.S. 1A-1, Rule 65, that the cruelty or cruel treatment alleged would not immediately be terminated by issuance of a preliminary injunction that leaves the animal in possession of the defendant, the court may issue a preliminary injunction transferring possession and custody of the animal to the plaintiff or to a third party.
"§ 19A‑4.  Permanent injunction.
In accordance with G.S. 1A‑1, Rule 65, a district court judge in the county in which the original action was brought shall determine the merits of the action by trial without a jury, and upon hearing such evidence as may be presented, shall enter orders as  the court deems appropriate, including a permanent injunction  and dismissal of the action along with dissolution of any temporary injunction that had been issued. In addition, if the court finds by a preponderance of the evidence that even if a permanent injunction were issued there would exist a substantial risk that the animal would be subjected to further cruelty if returned to the possession of the defendant, the court may terminate the defendant's ownership and right of possession of the animal and transfer ownership and right of possession to the plaintiff or other appropriate successor owner."
SECTION 2.  This act is effective when it becomes law.