SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2015 SESSION
15101861DBe it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Chapter 5 of Title 29.1 an article numbered 8, consisting of sections numbered 29.1-578 through 29.1-581, as follows:
§ 29.1-578. Definitions.
As used in this article, unless the context requires a different meaning:
"Circus" means an exhibitor that holds a valid Class "C" license issued under the Animal Welfare Act (7 U.S.C. § 2131 et seq.), has no permanent animal facilities in Virginia, and regularly conducts performances featuring live animals and multiple trained human entertainers, including clowns and acrobats.
"Law-enforcement officer" means any state police officer, officer of the Department, including a conservation police officer as defined in § 9.1-101, local law-enforcement officer, animal control officer as defined in § 3.2-6555, humane investigator as defined in § 3.2-6558, or public prosecutor.
"Person" means any individual, partnership, corporation, organization, or other legal entity and any officer, member, shareholder, director, employee, agent, or representative thereof.
"Primate" means any species of the taxonomic order Primates, except humans.
"Wildlife sanctuary" means a nonprofit entity that (i) operates a place of refuge where an abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced animal is provided care for its lifetime; (ii) does not conduct any commercial activity with respect to primates, including the (a) sale, trade, auction, lease, or loan of primates or parts of primates and (b) use of primates in any manner in a for-profit business or operation; (iii) does not use primates for entertainment purposes or in a traveling exhibit; and (iv) does not breed any primates.
§ 29.1-579. Prohibitions; exceptions; regulations.
A. No person shall possess, sell, transfer, or breed a primate.
B. The prohibitions of subsection A shall not apply to:
1. An institution accredited or certified by the Association of Zoos and Aquariums (AZA); a research facility as defined in the Animal Welfare Act, 7 U.S.C. § 2131 et seq.; a circus or wildlife sanctuary as defined in § 29.1-578; a duly-incorporated nonprofit animal protection organization housing a primate temporarily at the written request of a law-enforcement officer acting pursuant to the provisions of § 29.1-580; a licensed veterinary hospital providing treatment to a primate; or a law-enforcement officer enforcing the provisions of this chapter.
2. A person temporarily transporting a legally owned primate through the Commonwealth if the transit time is not more than 24 hours, the primate is not exhibited, and the primate is maintained at all times in a species-appropriate cage or travel container. Such a transporter shall provide notice of the transport to the Department at least 72 hours prior to entering the Commonwealth, identifying the number and type of primate that will be transported, in addition to obtaining any veterinary certificate or other permits required by local, state, or federal law.
3. A person who lawfully possessed a primate prior to July 1, 2015, if the person (i) maintains veterinary records, acquisition papers, or other documents or records establishing that the person possessed the animal prior to July 1, 2015; (ii) acquires no additional primate on or after July 1, 2015, whether by purchase, donation, or breeding; (iii) has not been convicted of any offense involving the abuse or neglect of an animal pursuant to any local, state, or federal law; (iv) has not had a license or permit regarding the care, possession, exhibition, breeding, or sale of animals revoked or suspended by any local, state, or federal agency; (v) registers with, and pays a registration fee to, the Department by September 1, 2015, and annually thereafter, indicating the number of animals of each primate species in his possession; and (vi) notifies the Department at least 72 hours prior to sale or transfer of an existing primate, identifying the purchaser or transferee of the animal.
C. The Board shall adopt regulations to implement the provisions of this article, including regulations establishing registration fees on a sliding scale depending on the number of primates a person possesses.
§ 29.1-580. Seizure of a primate.
A. A law-enforcement officer shall, after obtaining a warrant from any judge or magistrate upon probable cause, seize or impound any primate possessed, sold, transferred, bred, or exhibited in violation of this article. If the primate poses a direct threat to public safety or is suffering from apparent animal neglect or cruelty, such primate shall be immediately placed in the custody and control of a wildlife sanctuary, a duly incorporated nonprofit animal protection organization housing a primate temporarily at the written request of a law-enforcement officer acting pursuant to the provisions of this article, or an institution accredited by the Association of Zoos and Aquariums (AZA). If there is no immediate threat to public safety or animal welfare, a law-enforcement officer shall impound the primate in place.
B. Upon seizing or impounding a primate, a law-enforcement officer shall petition the general district court in the locality where the primate was seized or impounded for a hearing to determine whether the primate was in fact possessed, sold, transferred, bred, or exhibited in violation of this article. The hearing shall be held not more than 14 days from the date of the seizure or impoundment, and the law-enforcement officer shall provide written notice of the hearing at least five days prior to the hearing to the person from whom the primate was seized or impounded.
C. Upon judicial determination of a violation of any provision of this section, the seized or impounded primate shall be deemed forfeited and the court shall order the violator to pay all reasonable expenses incurred in caring and providing for the primate, from the time the primate is seized until the time such primate is forfeited, to the AZA institution, wildlife sanctuary, or temporary holding facility in possession of the primate. The court may also prohibit the possession or ownership of primates or other nonnative wild animals by the person found to have violated this section.
D. A forfeited primate shall be transferred to a wildlife sanctuary or an AZA-accredited institution that is willing and able to take custody of the forfeited primate. Nothing in this article shall be construed to prevent law-enforcement officers from humanely euthanizing a primate in compliance with state and federal law if, after reasonable efforts, no wildlife sanctuary or AZA-accredited institution is willing and able to provide long-term care for the primate.
E. Nothing in this article shall be construed to prevent the voluntary, permanent relinquishment of any primate by its owner to a person legally able to possess the primate and willing and able to take possession. Voluntary relinquishment shall have no effect on any criminal charges for violations of this article.
F. Any primate found to be not properly confined, whether on the property of the owner or running at large, may be humanely destroyed by law-enforcement officers in order to protect public safety. The owner of such primate shall be liable for costs accrued to law-enforcement officers in humanely destroying or otherwise securing any such primate.
§ 29.1-581. Penalties; private action; article not exclusive of local ordinance.
A. Any person who violates any provision of this article or any regulation adopted thereunder is guilty of a Class 1 misdemeanor, and any person convicted of such a violation shall be subject to a fine of not more than $2,500 and confinement in jail for not more than 12 months, either or both.
B. Any primate owner or custodian whose willful act or omission in the care, control, or containment of the primate is so gross, wanton, and culpable as to show a reckless disregard for human life and is the proximate cause of an attack by such animal that causes serious bodily injury to any person is guilty of a Class 1 misdemeanor.
C. Any resident of a locality in which a primate is kept may sue the owner of the primate to enjoin a violation of this article.
D. The governing body of any locality may adopt, and make more stringent, ordinances that parallel the provisions of this article restricting the possession, sale, transfer, or breeding of primates.