(2) Death is instantaneous.

(3) Maximum precaution is taken to protect the general public, employees and other animals.

(4) Any restraint of the cat or dog during the shooting does not cause undue suffering to the cat or dog.

Sec. 6. 7 MRSA §4011, sub-§1-B is enacted to read:

1-B.__Aggravated cruelty to animals.__A person is guilty of aggravated cruelty to animals if that person:

A.__Causes extreme physical pain to an animal;

B.__Maliciously kills an animal;

C.__Intentionally or knowingly tortures an animal; or

D.__Carries out paragraph A, B or C in a depraved or sadistic manner.

Sec. 7. 7 MRSA §4015, sub-§2, ¶B, as amended by PL 1997, c. 456, §8, is further amended to read:

B. Except as provided in subsection 5, shelter from inclement weather must be as follows.

(1) An artificial shelter, with a minimum of 3 sides consisting of a 4-sided structure with a floor and a waterproof roof, appropriate to the local climatic conditions for the species concerned must be provided as necessary for the health of the animal. There must be a portal entry of sufficient size to allow the animal unimpeded passage into the structure.

(2) If a dog is tied or confined unattended outdoors under weather conditions that adversely affect the health of the dog, a shelter of suitable size with a floor above ground and waterproof roof must be provided to accommodate the dog and protect it from the weather and, in particular, from severe cold. Inadequate shelter may be indicated by the shivering of the dog due to cold weather for a continuous period of 30