Legislature(2007 - 2008)
2008-04-11 Senate Journal
Full Journal pdf2008-04-11 Senate Journal Page 2864 HB 307 SENATE CS FOR CS FOR HOUSE BILL NO. 307(JUD) "An Act relating to penalizing certain misdemeanor assaults as felonies" which had been moved after the first supplemental calendar (page 2859) was before the Senate in second reading. Senator Wielechowski offered Amendment No. 1 : Page 1, line 1, following "to": Insert "cruelty to animals and promoting an exhibition of fighting animals; and" Page 2, following line 30: Insert new bill sections to read: "* Sec. 4. AS 11.61.140(a) is amended to read: (a) A person commits cruelty to animals if the person (1) knowingly inflicts severe and prolonged physical pain or suffering on an animal; (2) with criminal negligence, fails to care for an animal and, as a result, causes the death of the animal or causes severe physical pain or prolonged suffering to the animal; (3) kills or injures an animal by the use of a decompression chamber; [OR] (4) intentionally kills or injures a pet or livestock by the use of poison; or (5) knowingly kills or injures an animal, other than as provided in (1) or (3) of this subsection, with the intent to intimidate, threaten, or terrorize another person. * Sec. 5. AS 11.61.140(b) is amended to read: (b) Each animal that is subject to cruelty to animals under (a) [(a)(1) - (4)] of this section shall constitute a separate offense. * Sec. 6. AS 11.61.140(f) is amended to read: (f) Except as provided in (g) of this section, cruelty [CRUELTY] to animals is a class A misdemeanor. The court may also (1) require forfeiture of any animal affected to the state or to a custodian that supplies shelter, care, or medical treatment for the animal; 2008-04-11 Senate Journal Page 2865 (2) require the defendant to reimburse the state or a custodian for all reasonable costs incurred in providing necessary shelter, care, veterinary attention, or medical treatment for any animal affected; (3) prohibit or limit the defendant's ownership, possession, or custody of animals for up to 10 years. * Sec. 7. AS 11.61.140 is amended by adding a new subsection to read: (g) Cruelty to animals is a class C felony if the person has been previously convicted on two or more separate occasions within 10 years of the date of the present offense of a crime under this section, AS 11.61.145(a)(1) or (2), or a law or ordinance of another jurisdiction having elements similar to those offenses. The court may also (1) require forfeiture of any animal affected to the state or to a custodian that supplies shelter, care, or medical treatment for the animal; (2) require the defendant to reimburse the state or a custodian for all reasonable costs incurred in providing necessary shelter, care, veterinary attention, or medical treatment for any animal affected; (3) prohibit or limit the defendant's ownership, possession, or custody of animals for up to ten years. * Sec. 8. AS 11.61.145(d) is amended to read: (d) Promoting an exhibition of fighting animals (1) under (a)(1) or (2) of this section is a class C felony; (2) under (a)(3) of this section is a violation for the first offense, [AND] a class B misdemeanor for the second offense, and a class A misdemeanor for the third and each subsequent offense." Renumber the following bill section accordingly. Senator Wielechowski moved for the adoption of Amendment No. 1. Senator Bunde objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: 2008-04-11 Senate Journal Page 2866 SCS CSHB 307(JUD) Second Reading Amendment No. 1 YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Hoffman, Huggins, Kookesh, McGuire, Olson, Stevens, Therriault, Thomas, Wielechowski, Wilken Nays: Bunde, Stedman, Wagoner and so, Amendment No. 1 was adopted. Senator Ellis moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 307(JUD) am S was read the third time. Senators Wielechowski, McGuire, Elton, Ellis, Dyson, Bunde, Thomas, Wagoner, French, Davis moved and asked unanimous consent to be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 307(JUD) am S "An Act relating to cruelty to animals and promoting an exhibition of fighting animals; and penalizing certain misdemeanor assaults as felonies" pass the Senate?" The roll was taken with the following result: SCS CSHB 307(JUD) am S Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken and so, SENATE CS FOR CS FOR HOUSE BILL NO. 307(JUD) am S passed the Senate. 2008-04-11 Senate Journal Page 2867 Senator McGuire gave notice of reconsideration (page 2867).