ARTICLE 6A. OFFENSES AGAINST ANIMAL RESEARCH AND ANIMAL PRODUCTION FACILTIES.
§ 13A-11-150. Legislative findings and determinations.
(Note: former § 13A-11-151 - 154 Repealed by Act 2002-505, p. 1307, § 11, effective July 1, 2002)
ARTICLE 6A. FARM ANIMAL, CROP, AND RESEARCH FACILITIES PROTECTION ACT.
§ 13A-11-151. Short title.
§ 13A-11-152. Definitions.
§ 13A-11-153. Prohibited acts.
§ 13A-11-154. Violations.
§ 13A-11-155. Restitution.
§ 13A-11-156. Additional remedies.
§ 13A-11-157. Enforcement.
§ 13A-11-158. Construction.
The Legislature has found and determined that there has been an increasing number of illegal acts committed against animal research and production facilities involving injury to humans or animals, criminal trespass, and damage to property. These acts not only abridge the property rights of the owner of the facility, they also damage the public interest by jeopardizing crucial scientific, biomedical, or agricultural research or production. These actions can also threaten the public safety by exposing communities to serious public health concerns and may substantially disrupt or damage research.
Therefore, it is in the interest of the people of the State of Alabama to protect the welfare of humans and animals as well as productive use of public funds to prohibit unauthorized possession, alteration, or destruction of agricultural, educational, or research records, equipment, and animals.
(Acts 1993, No. 93-327, § 1.)
§ 13A-11-151. Definitions. Repealed by Act 2002-505, p. 1307, § 11, effective July 1, 2002.
§ 13A-11-152. Crimes and offenses. Repealed by Act 2002-505, p. 1307, § 11, effective July 1, 2002.
§ 13A-11-153. Penalty. Repealed by Act 2002-505, p. 1307, § 11, effective July 1, 2002.
§ 13A-11-154. Temporary restraining orders and injunctions. Repealed by Act 2002-505, p. 1307, § 11, effective July 1, 2002.
ARTICLE 6A. FARM ANIMAL, CROP, AND RESEARCH FACILITIES PROTECTION ACT.
This article may be known and cited as the “Farm Animal, Crop, and Research Facilities Protection Act.”
(Act 2002-505, p. 1307, § 1.)
As used in this article, the following terms shall have the following meanings:
(1) Animal. Every living creature, domestic or wild, with the exception of man and animals used for illegal gaming purposes.
(2) Animal or crop facility. Any facility engaging in scientific research, education, or agricultural production of or involving the use of animals or crops including any organization with the primary purpose of representing livestock or crop production or processing; any organization with a primary purpose of promoting or marketing livestock or crops; any organization with a primary purpose of promoting or marketing livestock or crop products or materials; any person licensed to practice veterinary medicine; any person licensed to apply chemical applications not limited to pesticides, insecticides, rodenticides, or herbicides; any organization with a primary purpose of representing any of the above; the owner, operator, and employees of any animal or crop facility; and any vehicle, building, greenhouse, structure, laboratory, pasture, field, paddock, pond, impoundment, or premises where animals or crops are located.
(3) Commissioner. The Commissioner of Agriculture and Industries for the State of Alabama.
(4) Crops. Any shrub, vine, tree, seedling, shoot, slip, or other plant undergoing experimentation or otherwise capable of producing food, fiber, lawful or legal medicines, nursery stock, floral products, or aesthetic beauty.
(5) Person. A human being, and where appropriate, a public or private corporation, an unincorporated corporation, a partnership, a government or a governmental instrumentality, or a private organization, association, coalition, federation, and its officers or spokespersons.
(Act 2002-505, p. 1307, § 2.)
It shall be unlawful for any person to do any of the following:
(1) Intentionally release, steal, destroy, demolish, obliterate, or otherwise cause loss of any animal or crop from an animal or crop facility without the consent of the owner.
(2) Damage, vandalize, or steal any property on or from an animal or crop facility.
(3) Obtain access to an animal or crop facility by false pretenses for the purpose of performing acts not authorized by that facility.
(4) Break and enter into any animal or crop facility with the intent to destroy, alter, duplicate, or obtain unauthorized possession of records, data, materials, equipment, animals, or crops.
(5) Knowingly obtain control by theft or deception that is unauthorized, or to exert control that is unauthorized over any records, data, materials, equipment, animals, or crops of any animal or crop facility for the purpose of depriving the rightful owner or facility of records, materials, data, equipment, animals, or crops.
(6) Possess or use records, materials, data, equipment, crops, or animals in any way to copy or reproduce records or data of an animal or crop facility knowing or reasonably believing that the records, materials, data, equipment, crops, or animals have been obtained by theft or deception, or without authorization of the rightful owners or administrators of the animal or crop facility.
(7) Enter or remain on an animal or crop facility with the intent to commit an act prohibited under this section.
(Act 2002-505, p. 1307, § 3.)
Any person who violates Section 13A-11-153 shall be guilty of a Class C felony if the loss is two hundred fifty dollars ($250) or more. Any person who violates Section 13A-11-153 shall be guilty of a Class A misdemeanor if the loss is less than two hundred fifty dollars ($250).
(Act 2002-505, p. 1307, § 4.)
Any person convicted of a violation of this article shall also be required by the court to make restitution of two times the value of the animal or crop damaged, destroyed, or lost to the owner or operator of the animal or crop facility for any reasonable costs of replacing materials, data, equipment, animals, crops, and records that may have been damaged, destroyed, lost, or cannot be returned, and reasonable cost of repeating any experimentation that may have been interrupted or invalidated as a result of any violation of this article.
(Act 2002-505, p. 1307, § 5.)
Notwithstanding any remedy available at law, any owner or operator of an animal or crop facility may apply to the circuit court of the county where the animal or crop facility is located for a temporary restraining order and an injunction to restrain any person, organization, or association from committing any violation of this article.
(Act 2002-505, p. 1307, § 6.)
For purposes of enforcing this article, the commissioner may do all of the following:
(1) Investigate any offense under this article.
(2) Seek the assistance of any law enforcement agency of the United States, the state, or any local government in the conduct of any investigations.
(3) Coordinate any investigation, to the maximum extent practicable, with the investigations of any law enforcement agency of the United States, the state, or any local government.
(Act 2002-505, p. 1307, § 7.)
This article shall not be construed to repeal any other criminal law except as expressly provided in this article. Whenever conduct prescribed by any provision of this article is also prescribed by any other provision of law, the provision which carries the more serious penalty shall apply.
(Act 2002-505, p. 1307, § 10.)