Legislature(2011 - 2012)CAPITOL 120
04/01/2011 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB179 | |
| HB88 | |
| HB1 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 1 | TELECONFERENCED | |
| *+ | HB 179 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 88 | TELECONFERENCED | |
HB 179 - ANIMAL CRUELTY
1:07:41 PM
CHAIR GATTO announced that the first order of business would be
HOUSE BILL NO. 179, "An Act relating to cruelty to animals and
making failure to care for five or more animals in a single
continuous episode a class C felony."
REPRESENTATIVE LYNN, as the sponsor of HB 179, explained that
[earlier in the year], authorities had to seize [approximately]
150 severely neglected dogs from a home in Willow - several so
neglected that they were already dead. Such incidents,
unfortunately, are not isolated; animal control officers have
had to rescue multiple neglected animals throughout Alaska since
2008, and these are only the cases that are known about. Cases
of mass animal neglect are shocking, and quickly overwhelm local
and state animal-rescue services. Under the changes proposed by
HB 179, contemporaneous violations of AS 11.61.140 involving
five or more animals would be a class C felony, whereas
currently such behavior warrants only a class A misdemeanor for
each animal neglected. Under HB 179, the gravity of the charges
would reflect the gravity of the crime, thereby discouraging
people from taking on multiple animals without the ability or
intention to care for each and every animal. The bill doesn't
limit the number of animals that a person may possess, he
assured the committee, and instead only addresses those
instances in which animals are not being cared for properly. In
conclusion, he asked members to support HB 179 - joining him in
taking a strong stand against serial animal cruelty.
CHAIR GATTO noted that proposed AS 11.61.140(a)(8) read:
(8) with criminal negligence, contemporaneously fails
to care for five or more animals and, as a result,
causes the death of five or more animals or causes
severe physical pain or prolonged suffering to five or
more animals.
REPRESENTATIVE LYNN, in response to questions, acknowledged that
if the behavior outlined in proposed AS 11.61.140(a)(8) was
directed at only four animals, it would still be a violation for
each animal but each violation would remain a class A
misdemeanor; assured the committee that the bill is only
addressing contemporaneous behavior rather than cumulative
behavior; and explained that when deciding what the threshold
should be for contemporaneous neglect, five animals appeared to
be the most appropriate and practical number.
CHAIR GATTO acknowledged that having to address such instances
of mass animal neglect as occurred in Willow could overwhelm any
animal-care facility and its community.
REPRESENTATIVE HOLMES noted that under existing AS 11.61.140(h),
if within the prior 10 years a person has been convicted of
violating AS 11.61.140(a)(2) - which addresses the neglect of
one animal - then any current conviction would then be a class C
felony; AS 11.61.140(a)(2) reads:
(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;
REPRESENTATIVE HOLMES, in response to comments, offered her
understanding that in a domestic violence (DV) situation, if
behavior as severe as that outlined in paragraph (2) were
instead directed towards a person - thereby causing his/her
death or severe physical pain or prolonged suffering - it would
warrant a felony charge.
1:15:51 PM
THOMAS REIKER, Staff, Representative Bob Lynn, Alaska State
Legislature, on behalf of the sponsor, Representative Lynn, in
response to a question regarding the disposal of unwanted
animals, noted that existing AS 11.61.140(a)(2) requires that
the behavior be conducted with criminal negligence.
1:17:02 PM
ANNE CARPENETI, Assistant Attorney General, Legal Services
Section, Criminal Division, Department of Law (DOL), explained
that in Alaska, animals are considered property and as such a
person is not precluded under AS 11.61.140(a) from causing the
death of his/her animal as long as it's done in a humane manner.
For example, a person may not kill an animal by knowingly
inflicting severe and prolonged physical pain or suffering, [by
failing to provide care,] or via the use of a decompression
chamber or poison. Shooting an unwanted animal would probably
be fine, she ventured, but surmised that whether drowning an
unwanted animal would be illegal would depend on the
circumstances, though it probably wouldn't be considered as
resulting in prolonged physical pain or suffering.
REPRESENTATIVE GRUENBERG disclosed that he [is married to] the
next testifier.
1:19:25 PM
KAYLA EPSTEIN, Member, Animal Control Advisory Board (ACAB),
Animal Care & Control Center, Department of Health and Human
Services (DHHS), Municipality of Anchorage (MOA), after
expressing appreciation for the progress made thus far with
regard to [preventing animal cruelty], noted that instances of
multiple-animal neglect place a large burden on local
government. For example, one recent animal-neglect case her
organization dealt with involved caring for 8 dogs, 23 cats, and
1 bird for over a year at an estimated cost of over $77,000 -
which was only even that low due to donations of food, shelter,
and medical care - with the resulting conviction eventually
allowing for the additional removal of approximately 50 more
animals from another location. That case, she relayed, was a
nightmare in terms of logistics, expenses, and the emotional
pain experienced by both the staff and volunteers who had to
care for those sick and dying animals. In conclusion, she urged
passage of HB 179, characterizing it as a logical step towards
fixing a true problem, though she mentioned that in addressing
the issue of criminal neglect - not simply stupid neglect or
ignorant neglect - her organization regrets that the bill's
proposed threshold for a felony crime is five animals, and
suggested that that proposed threshold should instead be three
animals.
1:22:44 PM
DEBORA GAIL GARDNER, Commissioner, Animal Control Commission,
Fairbanks North Star Borough (FNSB); Volunteer, Pet Pride Cat
Rescue; Volunteer, Spay Neuter Your Pet, said she is in support
of HB 179, and that she agrees with the comments of the
representative from the ACAB that HB 179 is a good start. She
remarked, though, that it would be nice to see any kind of
criminal negligence [of animals] be a felony, adding that caring
for such neglected animals is overwhelming, heartbreaking work.
Particularly for cats, such criminal negligence amounts to a
death sentence. In conclusion, she reiterated that she supports
HB 179.
1:23:59 PM
RONNIE ROSENBERG, President, Fairbanks Animal Shelter Fund;
Commissioner, Chair, Animal Control Commission, Fairbanks North
Star Borough (FNSB), after mentioning that the Fairbanks Animal
Shelter Fund provides support for the Fairbanks North Star
Borough's animal shelter, and that she has been active in animal
control issues in Alaska for over 15 years, relayed that over
the years, there have been several cases involving breeders,
hoarders, and other individuals who have been neglecting or
abusing large numbers of animals. Because of the prevalence of
such incidents, she opined, it's really important for HB 179 to
pass. Having to intake these large numbers of abused and
neglected animals puts a tremendous burden - including a large
financial burden - on shelters, and causes disruption in the
community. She offered her belief that providing for the
enhanced sentencing associated with a felony charge makes sense,
particularly for those who torture their animals, or who for
days on end, for no apparent reason, don't feed or care for
their animals in any reasonable fashion. She said she agrees
with the DOL representative that shooting one's unwanted animal
isn't a crime in Alaska, pointing out that in rural areas of the
state, it can be the only way of managing an overpopulation
situation. In conclusion, she urged passage of HB 179.
CHAIR GATTO mentioned that members' packets include a letter
from the executive director of the Alaska Society for the
Prevention of Cruelty to Animals (Alaska SPCA), and that that
letter's last sentence read, "We are very grateful to all of you
for your interest and hard work on behalf of animals, and hope
that you will take HB 179 just one more notch to make it truly
effective and meaningful for those creatures who depend entirely
upon your decisions for their very lives."
CHAIR GATTO, after ascertaining that no one else wished to
testify, closed public testimony on HB 179.
1:27:55 PM
DOUGLAS GARDNER, Director, Legal Services, Legislative Legal and
Research Services, Legislative Affairs Agency (LAA), in response
to questions, offered his understanding that under the bill,
prosecutors would have discretion with regard to whether to
charge a person who'd criminally neglected five or more animals
with a felony under proposed paragraph (8), or with a
misdemeanor for each criminally-neglected animal under existing
AS 11.61.140(b); that judges would retain discretion with regard
to sentencing, including considering the effects associated with
felony convictions compared to misdemeanor convictions, and
whether to apply the rule of lenity; and that if a person acts
intentionally, knowingly, or recklessly, the requirement under
existing AS 11.61.140(a)(2) and proposed AS 11.61.140(a)(8) that
the person act with criminal negligence would be met, since
criminal negligence is the lowest mental state provided for
under Alaska's criminal statutes. In response to other
questions, he, too, agreed that humanely shooting one's own
unwanted animals, regardless of how many, would not be a crime
under Alaska law, and surmised that whether a situation
involving a breeder would warrant a felony charge under proposed
AS 11.61.140(a)(8) would depend on the circumstances, evidence
of causation, expert testimony, and prosecutorial discretion.
CHAIR GATTO expressed strong disfavor with "puppy mills."
1:44:03 PM
REPRESENTATIVE THOMPSON moved to report HB 179 out of committee
with individual recommendations and the accompanying
[indeterminate] fiscal notes. There being no objection, HB 179
was reported from the House Judiciary Standing Committee.