Legislature(2007 - 2008)BELTZ 211

03/05/2008 01:30 PM Senate JUDICIARY


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 273 CRUELTY TO ANIMALS TELECONFERENCED
Heard & Held
+ HB 163 PROPERTY FORECLOSURES AND EXECUTIONS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                   SB 273-CRUELTY TO ANIMALS                                                                                
                                                                                                                                
CHAIR FRENCH announced the consideration of SB 273.                                                                             
                                                                                                                                
1:54:55 PM                                                                                                                    
KATHERINE  PUSTAY, staff  to Senator Wielechowski,  sponsor  of SB
273  said  the bill  seeks  to  increase  penalties for  the  most                                                              
heinous acts  of animal cruelty  and criminalize  participation in                                                              
animal  fights.  Currently  in  Alaska a  person  can  torture  or                                                              
poison  an animal  and only  be  charged with  a misdemeanor.  The                                                              
bill won't  change  the penalty  for causing  injury to an  animal                                                              
due  to  criminal   negligence.  Currently,  44   states  and  the                                                              
District  of  Columbia  have enacted  felony-level  penalties  for                                                              
heinous acts  of animal  cruelty. Alaska  ranks among  the weakest                                                              
with respect to animal protection.                                                                                              
                                                                                                                                
MS.   PUSTAY   said   that   research   indicates   that   without                                                              
intervention, people  who abuse and  kill animals are  more likely                                                              
to also  abuse humans. Over  70 percent  of pet owners  that enter                                                              
domestic   violence   shelters   indicate  that   their   batterer                                                              
threatened, injured,  or killed family  pets. Many abusers  have a                                                              
history  of  abusing  animals  that   precedes  domestic  violence                                                              
toward  their partner.  Hopefully,  she said,  the committee  will                                                              
also discuss  ways to strengthen  the application  toward domestic                                                              
violence cases. Animal  cruelty has been found to  be an indicator                                                              
for   predicting   which  children   subsequently   will   exhibit                                                              
antisocial and/or  aggressive behavior. Serial and  school killers                                                              
frequently  have histories  of animal abuse.  She highlighted  the                                                              
wide ranging  support for  the bill. "We  believe that  passage of                                                              
felony-level   animal  cruelty   is   critical   in  halting   the                                                              
progression of violent crime," she said.                                                                                        
                                                                                                                                
MS.  PUSTAY referred  to  the issue  of  proportionality that  the                                                              
Department  of Law raised  during the  previous hearing,  and said                                                              
the  sponsor  believes  that  there  is  an  issue  with  the  way                                                              
domestic violence  cases are  prosecuted. The  way the  statute is                                                              
written,  a person who  "knowingly inflicts  severe and  prolonged                                                              
physical  pain  or  suffering  on  an  animal"  is  committing  an                                                              
offense  that is  similar  to assault  in  the  first degree.  The                                                              
penalty  for  first degree  assault  on  a  person  is a  class  A                                                              
felony. SB 273 says  that same level of assault on  an animal is a                                                              
class C  felony. We  don't intend to  suggest that crimes  against                                                              
animals  should be  punished the  same as  crimes against  humans,                                                              
but we do want  to say that torturing an animal  is not acceptable                                                              
in this state, she said.                                                                                                        
                                                                                                                                
1:57:28 PM                                                                                                                    
CHAIR FRENCH  asked her  to elaborate on  the link between  animal                                                              
cruelty and domestic violence.                                                                                                  
                                                                                                                                
MS.  PUSTAY referred  to  a  fact sheet  in  the packet  from  the                                                              
National  Coalition  Against  Domestic   Violence  (NCADV)  citing                                                              
numerous studies that indicate there's an overlap.                                                                              
                                                                                                                                
CHAIR FRENCH  asked if abusers sometimes  use pets as a  proxy for                                                              
abusing a spouse.                                                                                                               
                                                                                                                                
MS. PUSTAY said  she understands that threatening  violence toward                                                              
a pet is oftentimes used to exert control over another person.                                                                  
                                                                                                                                
1:59:20 PM                                                                                                                    
SENATOR   WIELECHOWSKI   provided   statistics   that   he   finds                                                              
startling. NCADV reports  that 71 percent of pet  owners who enter                                                              
domestic   violence   shelters    report   that   their   batterer                                                              
threatened, hurt, or  killed family pets; one study  found that 87                                                              
percent  of batterers  perpetrated pet  abuse in  the presence  of                                                              
their partner  for the purpose of  exerting control; and  up to 76                                                              
percent  of batterers  perpetrated pet  abuse in  the presence  of                                                              
children.  "There's a staggering  correlation  … between  pets and                                                              
domestic violence - unfortunately so," he said.                                                                                 
                                                                                                                                
SENATOR  WIELECHOWSKI,  responding  to  a  question  from  Senator                                                              
French,  explained  that currently  there  are 4  provisions  that                                                              
apply   to  animal   cruelty:   torturing   an  animal,   criminal                                                              
negligence of an  animal, killing or injuring an animal  by use of                                                              
a decompression  chamber, and injuring  or killing an  animal with                                                              
poison. Torturing  or intentionally inflicting prolonged  pain and                                                              
suffering  on an animal  should be  punished by  more than  a $100                                                              
fine; it should  send a clear message that it won't  be tolerated.                                                              
The policy  choice  was to make  torture, use  of a  decompression                                                              
chamber, and poisoning of an animal a felony offense.                                                                           
                                                                                                                                
2:02:11 PM                                                                                                                    
CHAIR FRENCH  mentioned the difference  between the  penalties for                                                              
AS 11.61.140(a)(2)  and the statute on promoting  an exhibition of                                                              
fighting animals.                                                                                                               
                                                                                                                                
SENATOR WIELECHOWSKI  highlighted that  promoting or  exhibiting a                                                              
fighting animal is  currently a class C felony and  in many states                                                              
it's either a misdemeanor  or felony to be a  spectator. This bill                                                              
says promoting  an  exhibition of  fighting animals  is a  class A                                                              
misdemeanor for  a first offense  and  a  class C felony  for each                                                              
subsequent offense.                                                                                                             
                                                                                                                                
2:03:26 PM                                                                                                                    
ANNE  CARPENETI, Assistant  Attorney  General, Criminal  Division,                                                              
Department of  Law, said the  department has serious  concern with                                                              
raising animal  cruelty from  a class A  misdemeanor to a  class C                                                              
felony.  Animal  cruelty  is  shocking  and  despicable  and  it's                                                              
obviously  related to  domestic  violence, but  DOL believes  that                                                              
one year in  jail is enough for  that conduct. She noted  that for                                                              
practical reasons,  most domestic violence charges  against humans                                                              
are resolved  as class  A misdemeanors.  Alaska prosecutors  try 5                                                              
percent of  the cases that  are brought,  which is the  highest in                                                              
the  nation,   and  95   percent  of   the  cases  are   resolved.                                                              
Considering  the  proportionality   of  penalties  for  injury  to                                                              
people,  this bill  would send the  wrong message,  she said.  The                                                              
increased penalty  would also put prosecutors in  a more difficult                                                              
position with respect to allocating resources.                                                                                  
                                                                                                                                
CHAIR FRENCH  asked how many prosecutions  the DOL does  each year                                                              
for  animal  cruelty.  At  a future  hearing  he'd  like  to  hear                                                              
anecdotes about the range of severity in cases.                                                                                 
                                                                                                                                
MS.  CARPENETI  agreed  to  get   the  information.  She  reminded                                                              
members  that  the statute  allows  a  separate charge  for  every                                                              
animal  that is  mistreated,  and the  sentences  could be  served                                                              
consecutively.                                                                                                                  
                                                                                                                                
2:06:42 PM                                                                                                                    
CHAIR  FRENCH said  he'd also like  to know  the longest  sentence                                                              
ever  imposed  when  animal  cruelty   is  the  only  charge.  The                                                              
sponsor's  point is  that  in the  most  heinous  cases, having  a                                                              
bigger hammer has advantages.                                                                                                   
                                                                                                                                
MS.  CARPENETI  pointed  out  that the  mandatory  minimum  for  a                                                              
second  domestic  violence related  fourth  degree  assault is  30                                                              
days.  The  mandatory  minimum   for  a  third  domestic  violence                                                              
related fourth  degree assault is  45 days. The penalty  range for                                                              
a  first  class  C  felony  conviction   is  zero  to  two  years.                                                              
Conceivably  the sentence for  a felony  level cruelty  to animals                                                              
could be  less than that,  but it's unlikely,  and the  message it                                                              
sends is a concern, she said.                                                                                                   
                                                                                                                                
CHAIR FRENCH  said this  bill would  make it a  class C  felony to                                                              
knowingly   inflict  severe   and  prolonged   physical  pain   or                                                              
suffering  on an  animal, and  he believes  that doing  that to  a                                                              
human being would  be assault in the first degree.  That's a class                                                              
A felony, and the penalty is up to 20 years in prison.                                                                          
                                                                                                                                
MS. CARPENETI  clarified  that she's talking  about the  practical                                                              
reality rather than the penalty that's on the books.                                                                            
                                                                                                                                
CHAIR FRENCH  agreed that someone  would make that point,  but the                                                              
reciprocal  point is  that  the parallel  harm  to a  human is  20                                                              
years in prison.                                                                                                                
                                                                                                                                
MS. CARPENETI  said the statutes  don't match exactly  because the                                                              
assault  statutes talk  about injury  and the  cruelty to  animals                                                              
statutes  talk about  pain and  suffering.  That's interesting  in                                                              
itself, she said, because you don't know.                                                                                       
                                                                                                                                
CHAIR  FRENCH  responded  we'd  know  it when  we  looked  at  the                                                              
injuries to  the animal,  the photographs, and  the weight  of the                                                              
animal.                                                                                                                         
                                                                                                                                
MS. CARPENETI  added that  proving prolonged  pain and  suffering.                                                              
is more  difficult. The  statutes don't  really match  because for                                                              
assault  you  must  prove  injury,  serious  physical  injury,  or                                                              
physical injury.                                                                                                                
                                                                                                                                
2:09:40 PM                                                                                                                    
SENATOR  WIELECHOWSKI  remarked  that after  many  discussions  he                                                              
still doesn't  understand why  the administration doesn't  support                                                              
the  bill. He  agreed  with the  Chair that  the  similar sort  of                                                              
assault  to  a human  being  would  be a  class  A felony,  and  a                                                              
potential  prison   sentence  of   20  years.  He   surmised  that                                                              
poisoning  or putting  a human  being in  a decompression  chamber                                                              
would  be  an  unclassified  felony   so  he  disagrees  with  the                                                              
proportionality  argument.  Also, if  someone  were  to slash  and                                                              
destroy another  person's picture  or painting  of a beloved  pet,                                                              
that is  a class C  felony, but if  the same person  inflicted the                                                              
same damage  on the pet,  that would only  be a misdemeanor  under                                                              
current law. "There's  no proportionality there so  I respectfully                                                              
disagree with the … administration on this matter," he said.                                                                    
                                                                                                                                
MS. CARPENETI  responded  that the criminal  laws aren't  perfect;                                                              
the  $500 felony  threshold  for a  class C  felony  is nearly  30                                                              
years old and it's worth discussion.                                                                                            
                                                                                                                                
CHAIR  FRENCH announced  he would  hold public  testimony open  so                                                              
that the  full committee  could hear  from the  public. He  set SB
273 aside.                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects