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2024 SESSION

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VIRGINIA ACTS OF ASSEMBLY -- CHAPTER An Act to amend the Code of Virginia by adding a section numbered 3.2-6589.1, relating to elephants; pain-inflicting training tools prohibited; actions for attachment; civil penalty. [H 1531] Approved

 

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 3.2-6589.1 as follows:

§ 3.2-6589.1. Certain training devices for elephants prohibited; attachment; civil penalty.

A. It is unlawful for any person to (i) use electricity, martingales, or block and tackle, engage in physical punishment resulting in damage, scarring, or breaking of skin, or insert any instrument into any bodily orifice of an elephant to discipline an elephant; (ii) use a bullhook, ankus, baseball bat, axe handle, or other device designed to inflict fear or pain for the purpose of training or controlling the behavior of an elephant; or (iii) brandish, exhibit, or display any device described in clause (ii) in the presence of an elephant.

B. A person who violates this section is subject to a civil penalty not to exceed $2,500 for the first offense and not to exceed $5,000 for subsequent violations. Each incident during which the violation is found to have existed shall constitute a separate offense.

C. The Attorney General, an attorney for the Commonwealth, or the attorney for the locality may cause an action in equity to be brought in the name of the Commonwealth or of the locality, as applicable, to request an attachment for any devices described in subsection A against a person violating the provisions of this section.