Legislature(2007 - 2008)
04/10/2008 02:17 PM House JUD
| Audio | Topic |
|---|---|
| Start | |
| SB226 | |
| SB8 | |
| SB273 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 273 - CRUELTY TO ANIMALS 3:13:34 PM CHAIR RAMRAS announced that the final order of business would be CS FOR SENATE BILL NO. 273(JUD), "An Act relating to cruelty to animals and promoting an exhibition of fighting animals." 3:13:42 PM REPRESENTATIVE DAHLSTROM moved to adopt the proposed House committee substitute (HCS) for CS for SB 273, Version 25- LS1127\M, Luckhaupt, 4/9/08 as the work draft. There being no objection, Version M was before the committee. 3:14:28 PM KATHERINE PUSTAY, Staff to Senator Bill Wielechowski, Alaska State Legislature, explained that SB 273 seeks to increase the penalties for the most heinous acts of animal cruelty. Currently an Alaskan can torture or poison an animal and only be charged for a misdemeanor. She stressed that the bill does not increase the penalty for causing an animal's death by neglect. Forty-three states and the District of Columbia have enacted felony level penalties for animal cruelty, yet Alaska ranks among the weakest states for animal protection. Ms. Pustay continued to explain that research indicates that without intervention, people who abuse animals are more likely to abuse humans. In fact, many abusers have a history of animal abuse that precedes domestic violence toward their partner. In addition, animal abuse is often an indicator that an individual poses a risk to himself/herself and others, and can be a predictor of anti-social and aggressive behavior in children. She concluded by noting that the bill has been endorsed by the Alaska Outdoor Council, the Alaska Network on Domestic Violence and Sexual Assault, the Alaska State Veterinary Medical Association, the Municipality of Anchorage Animal Control Advisory Board, the Kodiak Police Department and Animal Control, the Commissioner of the Division of Animal Control in Fairbanks, the Valdez Police Department, and numerous organizations and individuals across the state. REPRESENTATIVE HOLMES assumed that cases against very young children would be sent to the juvenile system and "weeded out." MS. PUSTAY said that the existing standard in statute for prosecution is, "knowingly inflicts severe pain and suffering in an animal." REPRESENTATIVE SAMUELS opined that the bill does not address animal cruelty as a precursor to violence against humans. He asked the representative from the Department of Law (DOL) whether an incident involving a 17 year old could be "a waiver of a class C felony." He also asked whether cock and dog fighting was a problem in Alaska. MS. PUSTAY advised that the Community Council in Mountain View reported that gang-related dog fighting was on the increase. Her understanding was that the dog-fighting was very violent. Nevertheless, the Judiciary committee substitute scales back the animal fighting provisions to limit the third, and each subsequent, offense to a class A misdemeanor, as indicated on page 2, line 20 and 21, of the bill. 3:23:07 PM SHANA ANDERSON, Facility Manager; Animal Control Officer, Valdez Animal Shelter, informed the committee that she has been the animal shelter manager and Animal Control Officer for 19 years. She stressed that Alaska is one of only seven states where animal cruelty laws do not carry felony provisions, and there is strong support in the state for this change. Many cases of animal cruelty are not reported, ranging from neglect to physical abuse. While most problems of neglect can be addressed with the education of the pet owner, when animal cruelty is intentional, law enforcement people should have available the use of a felony animal abuse charge. Ms. Anderson re-stated the link between animal cruelty and violence against family members. CHAIR RAMRAS noted that members' packets include a letter of support for SB 273 from Chris Ashenbrenner, Executive Director of the Council on Domestic Violence & Sexual Assault (CDVSA). REPRESENTATIVE LYNN asked what would be considered an animal for purposes of the bill. He said he would not want the bill to have unintended consequences, though he does support the bill. 3:27:03 PM SENATOR BILL WIELECHOWSKI, Alaska State Legislature, responded that AS 11.61.145(c) defines an animal as, "a vertebrate living creature, not a human being, but does not include fish." He added that sled dog racing, hunting, fishing, and trapping are all excluded. REPRESENTATIVE SAMUELS questioned whether attending a dog fight could be interpreted as "promoting an exhibition of fighting animals" and subject one to a felony charge. SENATOR WIELECHOWSKI said that current statute already makes it a felony to conduct dog and cock fights. The bill simply adds an additional offense such that the third offense is escalated to a felony of a higher level. REPRESENTATIVE SAMUELS asked what a decompression chamber is. [Chair Ramras turned the gavel over to Vice Chair Dahlstrom.] SENATOR WIELECHOWSKI answered that a decompression chamber was used to euthanize animals and is now archaic language in the statute. MS. PUSTAY added that the language precedes the 2004 changes. [Vice Chair Dahlstrom returned the gavel to Chair Ramras.] REPRESENTATIVE COGHILL asked whether separate counts of a class C felony could "ratchet up" a single incident to a class A felony SENATOR WIELECHOWSKI explained that all three counts would be a class C felony. He gave an example of proportionality of the classes of felonies. REPRESENTATIVE COGHILL stated that the definitions of cruelty are very severe degrees of injuries. SENATOR WIELECHOWSKI acknowledged that the bill only covers the most heinous of crimes and cited the difficulty to prosecute and prove cruelty to an animal. REPRESENTATIVE COGHILL asked how many convictions of animal abuse are reported. SENATOR WIELECHOWSKI said that twelve cases were referred, and seven accepted, for prosecution in 2006. In 2007, eighteen cases were referred and ten were accepted. Additional research into criminal records revealed that each high profile animal cruelty perpetrator had previous and/or subsequent convictions and/or arrests. The connection with domestic violence is staggering; 71 percent to 81 percent of victims cite violent attacks on family pets. Senator Wielechowski observed that the rationale for making such behavior a felony was that the police are much less likely to prosecute misdemeanor crimes. 3:35:54 PM REPRESENTATIVE HOLMES clarified that if someone is promoting dog fighting, or training the dogs, the charge remains a felony. The bill would make attending a dog fight, for the third and subsequent times, a class A misdemeanor. SENATOR WIELECHOWSKI said correct. He opined that these activities are not good for society; in fact, in Anchorage, gang members are conducting these fights and creating a problem for neighborhoods. REPRESENTATIVE SAMUELS questioned whether the term, "severe and prolonged physical pain and suffering" could be applied to hunting. SENATOR WIELECHOWSKI pointed out that AS ll.61.140(c)(4) specifically excludes hunting, fishing, and trapping. He re- stated the support for the bill by the Alaska Outdoor Council (AOC). SENATOR WIELECHOWSKI, in response to questions, stressed that the language in the bill is language in current statute, except for the felony classification of the crime. He also noted that the action must be intentional. REPRESENTATIVE COGHILL asked whether a charge could be made against someone in the practice of normal husbandry; for example, setting a broken leg. SENATOR WIELECHOWSKI pointed out the exception for "accepted veterinary or animal husbandry practices." In fact, gross negligence or recklessness is accepted, as long as the action is not intentional. CHAIR RAMRAS asked for details on the effect of the bill on all aspects of dog mushing. He gave examples of: euthanizing a puppy with a birth defect; euthanizing older dogs; the death of a dog during a race; or neglect by a large kennel. 3:43:59 PM SENATOR WIELECHOWSKI directed the committee's attention to the current provisions in AS 11.61.140 that exempts the humane destruction of an animal, dog mushing, pulling contests or practices, and rodeos or stock contests. He relayed that there has been support for having the prohibition of animal cruelty apply to dog mushing, but he is not in favor of such and so dog mushing remains exempted. REPRESENTATIVE HOLMES read AS ll.61.140(c): (c) It is a defense to a prosecution under this section that the conduct of the defendant (1) was part of scientific research governed by accepted standards; (2) constituted the humane destruction of an animal; (3) conformed to accepted veterinary or animal husbandry practices; (4) was necessarily incidental to lawful fishing, hunting or trapping activities; (5) conformed to professionally accepted training and discipline standards. REPRESENTATIVE HOLMES then read AS 11.61.140(e): (e) This section does not apply to generally accepted dog mushing or pulling contests or practices or rodeos or stock contests. REPRESENTATIVE SAMUELS gave an example of an adolescent whose torturing of the family pet is a precursor to future violent behavior. If the bill does not address this situation, and waives the felony for the adolescent, he asked whether the Department of Law (DOL) would be able to intervene. 3:47:10 PM ANNE CARPENETI, Assistant Attorney General, Legal Services Section, Criminal Division, Department of Law (DOL), pointed out the possibility for a discretionary waiver for young people, but opined that it would be extremely unlikely that a waiver would be pursued for a class C felony. She reminded the committee that the legislature adopted mandatory waiver procedures in the 1990s out of frustration with discretionary procedures. REPRESENTATIVE SAMUELS asked for examples of class C felonies against a person. MS. CARPENETI advised that one example is the second offense for stalking in the first degree; however, assault in the fourth degree is a class A misdemeanor. In response to a question, she explained that a fourth degree assault is when a person recklessly causes physical injury to another person, or with criminal negligence, causes physical injury by means of a dangerous instrument, or recklessly places another person in fear of injury. MS. CARPENETI, responding to a question, clarified that mutual conduct in a bar fight is generally considered disorderly conduct, depending on the circumstances. Assault in the third degree, which is a class C felony, involves a person recklessly placing another in fear of imminent serious physical injury by means of a dangerous instrument, or causes physical injury by means of a dangerous instrument. She further explained that first degree stalking is a class C felony. SENATOR WIELECHOWSKI noted that if a human were intentionally killed by either a decompression chamber, or poison, the sentence would be 99 years in jail for the commission of an unclassified felony. Further, if a human is tortured, that is a class A felony, punishable by 20 years in jail. MS. CARPENETI, in response to an earlier question, informed the committee that conducting dog fights is a class C felony, as is killing a police dog. REPRESENTATIVE SAMUELS asked how hard it would be to prove someone's attendance at a dog fight and whether this provision would be a helpful tool for police. MS. CARPENETI opined that animal fights are not prosecuted very often. SENATOR WIELECHOWSKI said he assumed that the provision would be helpful for police as an opportunity to arrest gang members. 3:54:23 PM CHAIR RAMRAS indicated his concern about the creation of laws that make more people felons. Although stricter penalties are warranted on a case-by-case basis, he warned that the corrections system would soon be overtaxed. In the instance of a dog fight, he asked whether all of the participants would be charged with a felony, or only the promoter. SENATOR WIELECHOWSKI answered that the police would have to prove that one was promoting the dog fight in order to be charged. In fact, many states do have a felony provision for spectators. Alaska's law would just increase the penalty for a third offense. MS. CARPENETI added that it is also a class C felony to have a pecuniary interest in the exhibition of fighting animals under current law. REPRESENTATIVE SAMUELS said, "Or you own the kennel, like Michael Vick." CHAIR RAMRAS closed public testimony on SB 273. REPRESENTATIVE SAMUELS said, "I still have heartburn with the felony provision ...." The committee took an at-ease from 3:58 p.m. to 3:59 p.m. 3:59:47 PM REPRESENTATIVE Dahlstrom moved to report the proposed HCS for SB 273, Version 25-LS1127\M, Luckhaupt, 4/9/08, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, HCS CSSB 273(JUD) was reported from the House Judiciary Standing Committee.
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