Legislature(2009 - 2010)CAPITOL 120
03/20/2009 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB6 | |
| HB149 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 6 | TELECONFERENCED | |
| *+ | HB 149 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 6 - CRUELTY TO ANIMALS 1:07:35 PM CHAIR RAMRAS announced that the first order of business would be HOUSE BILL NO. 6, "An Act relating to cruelty to animals." 1:07:44 PM REPRESENTATIVE COGHILL moved to adopt the proposed committee substitute (CS) for HB 6, Version 26-LS0022\R, Luckhaupt, 2/24/09, as the work draft. There being no objection, Version R was before the committee. REPRESENTATIVE LYNN, speaking as the sponsor of HB 6, relayed that bestiality is a serious matter with links to sexual abuse of a minor crimes. He said the impetus for the bill was a situation that arose in Klawock involving a [convicted sexual offender] who'd tied someone's dog to a tree, taped its muzzle shut, and then sexually assaulted it. Research indicates that this is not an isolated incident. He noted that members' packets include a list of frequently asked questions about bestiality, and answers to those questions. For example: is there a connection between animal sexual abuse and domestic violence, child abuse, and other violent crimes? - yes, and it's worse than ever expected; is animal sexual abuse illegal in other states? - yes, at least [32] other states outlaw bestiality; are there exemptions [in the bill] for accepted veterinary and animal husbandry practices? - yes; and is bestiality a problem in Alaska and the rest of the U.S.? - yes, acts of this nature are probably more common than one would think. He mentioned that members' packets also include letters of support from the Alaska Peace Officers Association (APOA); the Department of Corrections (DOC); the Alaska Farm Bureau, Inc.; the American Humane Association; and The Humane Society of the United States. House Bill 6, in addition to addressing bestiality, is also addressing public safety, especially for children, he concluded. 1:12:28 PM MIKE SICA, Staff, Representative Bob Lynn, Alaska State Legislature, on behalf of the sponsor, Representative Lynn, opined that it is wrong for Alaska law to remain silent on the issue of bestiality, a behavior that should be considered criminal. Section 1 of Version R, he relayed, adds a new offense to Alaska's existing cruelty to animals law - AS 11.61.140(a); proposed AS 11.61.140(a)(6) proscribes certain sexual conduct or activities as cruelty to animals. Section 2 of Version R adds a definition of what constitutes sexual conduct with an animal, and is lifted almost word for word from Washington statute. Because an animal cannot give consent to a sexual relationship with a human, acts of bestiality should be considered cruel even when no physical harm occurs to the animal. Furthermore, sexual conduct with animals often mimics sexual assaults against women, children, and vulnerable adults due to the coercive nature of the act and a lack of consent. MR. SICA asserted that there is a link between sexual abuse of animals and violent crimes against people; information available in members' packets indicates that there is an incredible amount of sexual abuse of animals being linked with sexual violence against people and serial sexual homicide. For example, in the aforementioned Klawock case, the perpetrator had already been convicted twice of sexual abuse of a minor crimes. However, this person was not arrested right away for sexually abusing the dog, because law enforcement was initially at a loss with regard to what to charge the person with, and so meanwhile all the children in the town had to stay indoors; this person was known to prowl around the school grounds and the post office, and carry the elements of what is now known to be a "rape kit"- rope, tape, gloves, and knives. MR. SICA noted that the Gastineau Humane Society (GHS) - the entity responsible for enforcing the animal cruelty laws in Juneau - gets reports from all over Southeast Alaska about someone having sex with an animal, but is at a loss with regard to what to charge perpetrators with when the animal hasn't been killed or seriously injured, or when the atrocity doesn't occur in a domestic violence (DV) situation or in front of a child. He also noted that the DOC has provided some information regarding crossover behaviors between people who sexually abuse animals and people who sexually abuse other people. He added that the Homer police department and the sexual assault response team (SART) have had to investigate some horrific sexual crimes against children and other people, and are finding a lot of sexual assault on animals happening as part of the abuse. In conclusion, he mentioned that sexual abuse of an animal is now a felony crime in Washington, whereas HB 6 would make it a misdemeanor crime in Alaska. MR. SICA, in response to a question, indicated that the title of the bill has been narrowed via Version R in order to keep it focused on the criminal behavior it's intended to address. REPRESENTATIVE HOLMES expressed concern that the bill provides the same penalties for encouraging or permitting the behavior as it does for engaging in the behavior. REPRESENTATIVE GRUENBERG referred to proposed AS 11.61.140(a)(6)(B)(ii) - which says in part, "causes, induces, aids, or encourages another person to engage in sexual conduct with an animal" - and offered his understanding that aiding and abetting criminal behavior is always punishable via existing statute, and surmised, therefore, that it's not necessary to include this language in the bill. He indicated that he'd also been questioning whether the word "or" on [page 1], line 1, should instead be "and", but had learned that the drafter felt that "or" was the appropriate word to use. 1:23:22 PM [Chair Ramras turned the gavel over to Representative Coghill.] CULLEN FOWLER, Chief, Klawock Police Department, City of Klawock, after providing more details about the aforementioned incident in Klawock, relayed that there hadn't seemed to be anything in current statute to charge the perpetrator with, though eventually he was charged with criminal mischief. This lack of an appropriate statute is concerning, he remarked, especially given that the offense occurred in a park frequented by children, and that it was committed by a known sexual offender. [Representative Coghill returned the gavel to Chair Ramras.] MR. FOWLER, in response to a question, relayed that the perpetrator has since been released, and that this is very concerning to the community. 1:26:55 PM TALEA DAVIS noted that she is a high school student, said she supports HB 6, and then recounted an incident wherein a woman attempting to sell her business in Wrangell hired a [high school] boy to kill some stray cats that were hanging around her business, and that this boy killed about 22 cats by stomping on their heads, though one of the cats belonged to someone and wasn't actually a stray. She mentioned that she'd also heard of the Klawock incident, and offered her belief that the person who perpetrated that act on a defenseless dog should receive a harsh punishment. 1:28:48 PM DONALD MARVIN, Mayor, City of Klawock, opined that the lack of an appropriate statute addressing bestiality is a problem that needs correcting. The incident that occurred scared the community, and was not considered a laughing matter by the children, who afterward all made sure they were home before dark. The perpetrator has been in and out of the community, he relayed, and the authorities need something to ensure that the perpetrator doesn't get an opportunity to harm anyone else. In response to a question, he said that the owner of the dog had to be convinced not to seek justice on his own, and the owner's children - a boy and three little girls - were really affected by the incident. MR. FOWLER added that the dog was injured by the duct tape, which was wrapped so tightly around the dog's neck that the resulting pressure blew out blood vessels in its eyes; that the dog became sensitive to being touched - the dog owner thought this was because the dog was also hit and kicked when it was being sexually assaulted; and that for about two months the dog was very jumpy and afraid, and would hide under the table. The owner of the dog was concerned that the dog might turn on family members, but the dog has slowly returned to normal behavior for the most part, though the owner thinks that there might be some residual effects from the abuse the dog was subjected to, Mr. Fowler remarked. 1:33:14 PM LESLIE ISSACS, City Administrator, recounted that for a couple of days while authorities were searching for the perpetrator, he'd received calls at city hall from concerned parents indicating that they were taking time off from work in order to escort their young children home from school because they were afraid that the perpetrator would surface and take their children and do to them what he'd done to that dog; this fear in the community was very real, and because the authorities weren't able to hold the perpetrator in jail, the whole community was severely affected by the incident. 1:35:21 PM MEGAN SMITH relayed that her cat was one of the cats killed by that high school boy in the aforementioned incident that occurred in Wrangell. 1:36:42 PM RACHEL DZIUBA, D.V.M., Director, Veterinary Clinic, Gastineau Humane Society (GHS), after relaying that in her private practice - Bridge Veterinary Services - she primarily practices large animal veterinary medicine on horses throughout Southeast Alaska, said she supports the passage of HB 6, and that passage of the bill makes sound social sense. Although many might think that the language of the bill is graphic or sensational, in order to clearly delineate between appropriate and inappropriate behavior, such careful wording must be present, she remarked, adding that as a veterinarian, she is particularly appreciative of the bill's clarity. The bill clearly does not impose a penalty on actions considered to be standard veterinary practices or standard farming and animal husbandry practices; such practices are clearly not a crime under HB 6 as currently written. The bill does, however, provide currently-unmet legal recourse to address inappropriate sexual contact between humans and animals. House Bill 6 will protect both animals and the public from the cycle of abuse and violence perpetrated by those who seek to commit sexual acts of exploitation against animals. DR. DZIUBA said that the act of forcing a living creature to engage in sexual activity without the ability to give consent cannot simply be viewed as a personal choice, no more than can forcing a child or an impaired adult to engage in sexual activity. There is a strong, known link between sexual dominance and violence against animals, and violence against humans; the pattern of aggression and control exhibited by humans seeking to engage in sexual activities with animals must be recognized as a punishable crime in order to ultimately encourage the development of a society that is safer to live in. She said that during her tenure as a licensed veterinarian in Alaska, she has unfortunately been made aware of several instances in which animals have been sexually assaulted. These horrible acts of sexual violence - which really do occur and occur more frequently than most people want to believe - must be addressed in law. In conclusion, she reiterated that she fully supports HB 6 as currently written, and encouraged the committee to do the same. REPRESENTATIVE GRUENBERG disclosed that he and his family are clients/customers of the "humane society." DR. DZIUBA, in response to a question, clarified that in her position with the GHS, she has been made aware of several complaints received as part of the GHS's animal control services about sexual acts of violence committed against animals in Juneau. In response to a question, she said she views animal abuse to be abuse regardless of whether the animal is already dead. 1:41:35 PM CHAVA LEE, Executive Director, Gastineau Humane Society (GHS), extended her support of HB 6, characterizing it as a well- crafted piece of legislation that speaks specifically to the crime of sexual misconduct without inhibiting or criminalizing veterinary practices or standard animal husbandry practices. As the head of an animal control agency, she relayed, she can say that sexual deviancy against animals does exist, and it exists in Alaska. In each case that has come to her attention, during the sexual assault of the animal, coercion, abuse, threat of physical harm, or terrorizing a human was also present. The people who reported the crimes were afraid for their own safety or the safety of their children; the sexual abuse of the animal had been used to intimidate, threaten, or terrorize into them submission. The animal victims in each of these cases, as well as those other cases occurring throughout the state, had no choice, and there was little that could be done to protect or defend them. Unfortunately, because no crime in the legal sense had been committed, the human victims were also left with no voice, no advocate, no recourse; there was no justice for either the abused animal or the humans who were threatened by the abuser. MS. LEE said that statistics gathered by the Federal Bureau of Investigation (FBI), the American Humane Association, and other agencies that work with offenders illustrate that there is a high correlation between sexual abuse and torture of animals, and sexual abuse and violence towards human beings. Such statistics, as were provided in members' packets, are staggering. Although HB 6 deals specifically with animals, there is no escaping the fact that it also addresses humans as well. First, and foremost, humans are the abusers. Further, statistics illustrate that human abusers, who often are victims of abuse themselves, often begin their own cycle of violence by abusing animals. Therefore, anything that can be done to criminalize such acts of [animal] abuse helps to break that cycle. Although the passage of HB 6 won't stop sexual abuse or sexual torture of animals, it will give [human] victims recourse under the law. Passing HB 6 is therefore the right thing to do, she concluded. CHAIR RAMRAS, after ascertaining that no one else wished to testify, closed public testimony on HB 6. REPRESENTATIVE GATTO questioned whether Alaska's statutes contain a definition of "animal". 1:45:43 PM ANNE CARPENETI, Assistant Attorney General, Legal Services Section, Criminal Division, Department of Law (DOL), said she is assuming that there is a definition of "animal" in the statutes pertaining to veterinarians and veterinary practices, and offered to research that issue further. REPRESENTATIVE GRUENBERG noted that AS 11.81.900(b)(3) says: (3) "animal" means a vertebrate living creature not a human being, but does not include fish; REPRESENTATIVE GRUENBERG, again referring to proposed AS 11.61.140(a)(6)(B)(ii), then questioned whether including its language in the bill is really necessary or whether existing AS 11.16.110 - Legal accountability based upon the conduct of another - would suffice. MS. CARPENETI explained that AS 11.16.110 requires specific intent unless the person was otherwise made legally accountable by a provision of law defining the offense; pointed out that the first and second degree sexual abuse of a minor statutes include - as part of the definition of the offense - this same separate language that's in proposed AS 11.61.140(a)(6)(B)(ii); and offered her assumption that that is why the drafter chose to include this language in HB 6 as well. REPRESENTATIVE GRUENBERG surmised, then, that a person found guilty of violating proposed AS 11.61.140(a)(6)(B)(ii) would be punishable just as if he/she were the person committing the crime. MS. CARPENETI said yes. In response to a question regarding the bill's reference to AS 11.41.455 - Unlawful exploitation of a minor - she explained that AS 11.41.455(a)(5) prohibits bestiality. REPRESENTATIVE GRUENBERG surmised, then, that if the act of bestiality involves a minor, then it would be punishable under AS 11.41.455, and if it doesn't involve a minor, then, once the bill passes, it would be punishable under AS 11.61.140. MS. CARPENETI and MR. SICA concurred. 1:50:52 PM REPRESENTATIVE HOLMES expressed concern that a person could be charged with a crime under proposed AS 11.61.140(a)(6)(B)(ii) even if he/she was simply joking and no sexual conduct with an animal actually occurs. MS. CARPENETI, again pointing out that the same language already exists in other statutes, said her interpretation is that the sexual conduct with an animal would actually have to occur, but offered to research the issue further. REPRESENTATIVE GRUENBERG argued that a person could be found guilty of inducing or encouraging another person to do something even if that other person never does the thing that he/she was induced or encouraged to do. MS. CARPENETI again offered to research the issue further. MR. SICA, in response to a question, offered his understanding that the crime of bestiality became a felony in Washington in 2005 after one man bled to death as a result of engaging in sex with an animal. REPRESENTATIVE HOLMES referred to proposed AS 11.61.140(a)(6)(C) - which would make it a crime for a person to permit sexual conduct with an animal to be conducted on any premises under the person's control - and asked whether under that provision a landlord would have a duty to evict a tenant or turn him/her in to the authorities if the landlord suspected that the tenant was engaging in such activity. MS. CARPENETI offered her belief that permitting something to occur requires more than just knowing something is occurring - that a more culpable mental state would be required for purposes of prosecution - and noted that similar language is included in the statutes pertaining to crimes and behaviors that could endanger a minor. In response to another question, she offered her understanding that in the Klawock incident, the perpetrator was charged with and convicted of criminal mischief, which includes the crime of harming property. 2:00:03 PM REPRESENTATIVE GATTO made a motion to adopt Conceptual Amendment 1, which read [original punctuation provided]: Insert on page 2 after line 23. Animal means a non human mammal, bird, reptile or amphibian, either dead or alive REPRESENTATIVE HOLMES objected for the purpose of discussion. REPRESENTATIVE GATTO indicated that he would prefer for the bill to provide for what he characterized as a more inclusive definition of animal than currently exists [in AS 11.81.900(b)(3)], offering his belief that Conceptual Amendment 1 would more clearly reflect the committee's intent. He also indicated that he has concern the bill might only apply in instances in which a live animal is sexually abused. MS. CARPENETI pointed out that the definition provided by Conceptual Amendment 1 would apply to the entirety of the animal cruelty statute, and expressed a desire to have more time to research what effect Conceptual Amendment 1 would have on that statute. REPRESENTATIVE GRUENBERG said he is hesitant to include a different definition than that which already exists in statute, surmising that the current definition has already been carefully thought out, but suggested that the DOL ought to consider whether it wants the bill to apply to sexual abuse of dead animals as well as live animals. REPRESENTATIVE GATTO, in response to a question, indicated that he thinks that Conceptual Amendment 1 provides for a better definition of "animal" than currently exists in statute. REPRESENTATIVE LYNN expressed a preference for maintaining the language of Version R as it's currently written. REPRESENTATIVE GRUENBERG suggested that Representative Gatto consider including his proposed definition in other legislation, rather than in HB 6. REPRESENTATIVE COGHILL said he, too, is troubled by the breadth of Conceptual Amendment 1, and suggested that Representative Gatto take time to research the issue further. MS. CARPENETI, in response to a question, explained that any forthcoming new definition could specify whether it applies to the whole of a particular title or chapter of statute, or to just a section or subsection of statute. REPRESENTATIVE GATTO withdrew Conceptual Amendment 1. REPRESENTATIVE GRUENBERG referred to the title of HB 6, and questioned whether it ought to specify "sexual conduct or sexual activities" rather than just "sexual conduct or activities". His concern, he relayed, is that the title isn't tight enough as currently written. REPRESENTATIVE LYNN indicated that he would be amenable to such a change. 2:08:42 PM REPRESENTATIVE GRUENBERG made a motion to adopt Amendment 2, to insert on page 1, line 1, the word "Sexual" after the word "or". There being no objection, Amendment 2 was adopted. 2:09:01 PM REPRESENTATIVE COGHILL moved to report the proposed CS for HB 6, Version 26-LS0022\R, Luckhaupt, 2/24/09, as amended, out of committee with individual recommendations and the accompanying fiscal notes. REPRESENTATIVE HOLMES objected for the purpose of discussion. She asked Ms. Carpeneti to research further the issues raised during discussion of proposed AS 11.61.140(a)(6)(B)(ii) and (C), and suggest any changes necessary to alleviate members' concerns. MS. CARPENETI agreed to do so. REPRESENTATIVE HOLMES then removed her objection. CHAIR RAMRAS announced that CSHB 6(JUD) was reported from the House Judiciary Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 01 HB6 Sponsor Statement.pdf |
HJUD 3/20/2009 1:00:00 PM |
HB 6 |
| 01 HB149 Sponsor Statement.pdf |
HJUD 3/20/2009 1:00:00 PM |
HB 149 |
| 02 CSHB6 version R.pdf |
HJUD 3/20/2009 1:00:00 PM |
HB 6 |
| 03 Explaination of Changes version A to version R.pdf |
HJUD 3/20/2009 1:00:00 PM |
|
| 04 HB6 Bill version A.pdf |
HJUD 3/20/2009 1:00:00 PM |
HB 6 |
| 05 HB6 Sectional Analysis.pdf |
HJUD 3/20/2009 1:00:00 PM |
HB 6 |
| 06 HB6 FAQ.pdf |
HJUD 3/20/2009 1:00:00 PM |
HB 6 |
| 07 HB6 Research, Studies, Fact Sheets.pdf |
HJUD 3/20/2009 1:00:00 PM |
HB 6 |
| 02 HB149 Bill version A.pdf |
HJUD 3/20/2009 1:00:00 PM |
HB 149 |
| 03 HB149 State Collection from Court Fees.pdf |
HJUD 3/20/2009 1:00:00 PM |
HB 149 |
| 04 HB149 LSC Letter of Support.pdf |
HJUD 3/20/2009 1:00:00 PM |
HB 149 |
| 05 HB149 Backup information re ALSC.pdf |
HJUD 3/20/2009 1:00:00 PM |
HB 149 |
| 08 HB6 Letters SupportOpposition.pdf |
HJUD 3/20/2009 1:00:00 PM |
HB 6 |
| 09 HB6 News Stories.pdf |
HJUD 3/20/2009 1:00:00 PM |
HB 6 |
| 10 Relevant Alaska Statutes.pdf |
HJUD 3/20/2009 1:00:00 PM |
|
| 11 HB6 Fiscal Notes.pdf |
HJUD 3/20/2009 1:00:00 PM |
HB 6 |