Legislature(2007 - 2008)

2008-04-11 Senate Journal

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2008-04-11                     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).