Legislature(2007 - 2008)BELTZ 211
03/10/2008 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB165 | |
| SB273 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 165 | TELECONFERENCED | |
| += | SB 273 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 273-CRUELTY TO ANIMALS
CHAIR FRENCH announced the consideration of SB 273. He asked the
sponsor's representative to again provide an overview since some
members were unavailable last week when it was introduced.
1:53:29 PM
KATHERINE PUSTAY, staff to Senator Wielechowski, stated that SB
273 seeks to increase penalties for the most heinous acts of
animal cruelty and it criminalizes 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 research indicates that without intervention
people that abuse and kill animals are more likely to also abuse
humans. Over 70 percent of pet owners that enter domestic
violence (DV) 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 the committee also will 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 and said, "We believe that passage of
felony-level animal cruelty is critical in halting the
progression of violent crime."
MS. PUSTAY responded to the issue of proportionality with
respect to prosecution of animal cruelty cases versus
prosecution of domestic violence cases. She stated the
following:
We believe that certainly there is an issue with the
way domestic violence cases are being prosecuted. That
being said, … the way the statute is written, when you
are injuring an animal … [by] knowingly inflicting
severe and prolonged physical pain or suffering on an
animal-we see that as … similar to assault in the
first degree-knowingly injuring or causing injury to a
human. Assault in the first degree is … a class A
felony. We are saying when you do it to a human it's a
class A felony; when you do it to an animal it's a
class C felony.
We do not intend to suggest that … crimes against
animals should be punished the same as crimes against
humans, but we do want to say that it's not acceptable
in this state.
1:57:27 PM
SENATOR McGUIRE asked if she had reviewed the record on the
animal cruelty bill that passed several years ago. At that time
there was debate about the offense being either a misdemeanor or
felony. She recalls that there was a compromise, but she's not
sure why.
MS. PUSTAY said she would again review the record and supply
that information.
CHAIR FRENCH highlighted the five animal cruelty defenses in
AS11.61.140(c) and surmised that paragraph (5) allows the
Iditarod race.
(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.
MS. PUSTAY directed attention to the more explicit subsection
(e) that says, "This section does not apply to generally
accepted dog mushing or pulling contests or practices or rodeos
or stock contests."
CHAIR FRENCH opened public testimony.
2:00:12 PM
GRACE STANDBORN, Alaska Network on Domestic Violence and Sexual
Assault (ANDVSA), stated support for SB 273 on behalf of the 19
domestic violence programs throughout the state. She highlighted
statistics on the relationship between animal abuse and victim
abuse. National studies indicate that over 70 percent of the
women entering shelters say that their animals have been
threatened, killed, or significantly harmed by their batterers.
As a further means of control, 87 percent of batterer-
perpetrated incidents of pet abuse are committed while family
members are present. Similar studies have not been conducted in
Alaska, but anecdotal evidence indicates that similar patterns
are prevalent. "For these reasons we are in support of this
bill," she said.
2:01:52 PM
SENATOR WIELECHOWSKI relayed that in pursuing SB 273 he didn't
realize the connection between domestic violence and animal
abuse. With that in mind, he has an amendment for the committee
to consider. It says that it would be a misdemeanor if a person
injures an animal for the purpose of intimidating, threatening,
or terrorizing another person. He asked if she would support
that amendment.
MS. STANDBORN said ANDVSA supports the bill as written, but if
there's interest in discussing the amendment ANDVSA would
certainly participate in and support that discussion.
2:03:07 PM
CHAVA LEE, Executive Director, Gastineau Humane Society (GHS),
explained that GHS has a contract with the City and Borough of
Juneau (CBJ) to provide animal control services. She oversees
animal cruelty and neglect investigations. Most of the animal
cruelty cases are actually neglect. Those can be resolved
through education, but intentional harming, maiming, mutilation
and torture of animals falls into a far different category. Over
the past 25 years a variety of studies show a definite link
between animal cruelty and human violence. Animal cruelty crimes
are gruesome and the penalty should go beyond the slap on the
wrist that current law provides. Also, animal fighting is not a
sport; it's the epitome of a community of people that has
reduced itself to the lowest common denominator. "Turning a
blind eye to animal cruelty condemns all of us to the inevitable
results that comes from a society that does not protect
vulnerable living creatures," she said.
MS. LEE asked the committee to include in the bill, a provision
to protect veterinarians and their staff when investigating and
testifying about cases of animal cruelty. Without that
professional expertise, most cases don't stand a chance in
court. Without immunity for good-faith reporting of suspected
animal cruelty, many veterinarians are unwilling to provide
testimony that could put their livelihood and license in
jeopardy. This has happened.
2:05:48 PM
CHAIR FRENCH asked her to expound on the need for immunity for
veterinarians and which part of statute is relative.
MS. LEE explained that under the Veterinary Practices Act,
veterinarians are specifically prohibited from giving testimony
that would breach the relationship with their client. A
veterinarian cannot testify against a client or about the
client's pet without violating that privilege. Since she's been
with GHS she's seen veterinarians prosecuted for testifying, and
their licenses were jeopardized.
2:07:11 PM
SENATOR WIELECHOWSKI relayed that Representative Gardner
introduced a bill that addresses that issue.
MS. LEE said she reviewed the bill recently and didn't see the
specific language. If it is included she would encourage members
to support the bill. When a case goes to court, the first thing
a judge asks for is the veterinarian's testimony, and without
that the case goes nowhere.
2:08:12 PM
CHAIR FRENCH commented he's astonished at that because he
doesn't believe the veterinarian client privilege is recognized
under Alaska evidentiary law, but "apparently it's recognized
within their own sort of gild," he said.
2:09:05 PM
CHRIS ASHENBRENNER, Executive Director, Council on Domestic
Violence and Sexual Assault, said the council hasn't had the
opportunity to meet and so it hasn't taken an official position.
After the meeting this week she will report the outcome.
CHRIS ASHENBRENNER, domestic violence advocate, said that her
personal opinion is that people who harm animals are likely to
be harming the people in their homes. This is a means of
control. When she first became an advocate she was surprised at
the number of domestic violence victims who wouldn't leave their
homes because they were afraid their pet would be hurt. People
absolutely are controlled by the threat of heinous acts against
animals, she said. People who are hurting animals are likely to
be hurting people they love as well. Society says that domestic
violence is wrong and it also ought to say that violence against
animals is wrong. She'd like to see that the penalties for these
crimes are enhanced across the board.
2:12:21 PM
MS. ASHENBRENNER offered the belief that it should be a penalty
or an aggravator to hurt or threaten to hurt an animal in order
to coerce or intimidate a domestic partner. The penalty would
then involve the animal and the person. My opinion is based on
my experience as an advocate, she said. "Be aware that children
are in many of these situations, and they're learning that
behavior by watching it."
2:14:41 PM
CAROL KLECKNER, volunteer, Fairbanks animal shelter, said she'd
really like SB 273 to pass. She pointed out that Alaska is the
dog mushing capital of the world, yet it has some of the weakest
cruelty to animal laws in the nation. Working as a volunteer she
has seen many emaciated and mistreated dogs come through the
shelter, but she doesn't recall even one cruelty case that's
been prosecuted. She believes the borough would like to
prosecute the worst cases, but its hands are tied by weak laws.
Passing this bill will strengthen the ability to charge abusers
and set an example that this treatment won't be tolerated in
Alaska.
SENATOR THERRIAULT said he isn't sure that passing this
legislation would increase prosecutions; it would increase the
penalty.
MS. KLECKNER replied she believes that increasing the penalty
will make it more likely that the borough will prosecute.
2:17:21 PM
SHANA ANDERSON, Manager and Animal Control Officer, Valdez
Animal Shelter, said she is also past president of the Alaska
Animal Control Association. She said that while most cruelty
investigations are neglect cases that are resolved by educating
the pet owner, there are some cases of intentional cruelty that
need more stringent action. Alaska is one of seven states that
does not have felony-level animal cruelty laws. This bill will
provide that option in the most horrendous cases. Alaska is
unique in its size and expanses of undeveloped land, and state
troopers are frequently unable to find time to deal with animal
cases. But Alaska is not unique in that it has its share of
animal hording, physical abuse, torture, neglect and
abandonment. Many cruelty cases don't ever make the newspaper.
For example, last year in Valdez there were 23 reported cases of
animal abuse and neglect, and about six of those cases were
examples of intentional animal cruelty. She believes that the
difference between a misdemeanor and a felony penalty is whether
there is an act of cruelty that's intentional. She also believes
that law enforcement is able to tell the difference when
charging a person under animal cruelty prevention.
MS. ANDERSON said it's a well-know fact that animal cruelty is
strongly linked to other forms of family violence. Children who
are abused may abuse animals in return, and adults may abuse
family pets as a way to control other family members. Also,
animal abuse can be an early sign of future criminal behavior.
Most serial killers and school shooters have stated that they
began by torturing and killing animals. She believes that most
people feel strongly that all types of family violence, whether
human or animal, should carry felony penalties. Strong animal
cruelty laws are a first step toward stemming both future human
and animal violence in Alaska.
2:20:30 PM
SENATOR THERRIAULT asked if the prosecutions in the Valdez
jurisdiction are state prosecutions.
MS. ANDERSON replied it depends on the severity of the case. The
police department has prosecuted both ways. Often times the
animal cruelty violations go along with other violations and the
animal cruelty is dropped, but we still try in the most
horrendous cases to prosecute, she said. There are local
ordinances against animal cruelty, but they don't carry either
misdemeanor or felony charges. The highest penalty under the
local ordinance is a $300 fine.
SENATOR THERRIAULT asked what percentage of the animal cruelty
cases are charged under local ordinance and under state law.
MS. ANDERSON surmised that most cases are charged under local
ordinance, but that would probably change if this bill were to
pass. This would provide law enforcement another tool and it
would send a message that beating your dog carries a stronger
penalty than a slap on the hand. Having seen many horrendous
cases over the last 19 years, she feels very strongly about
this.
2:23:35 PM
SENATOR WIELECHOWSKI moved Amendment 1, 25-LS1127\C.1,
Luckhaupt.
A M E N D M E N T 1
OFFERED IN THE SENATE BY SENATOR WIELECHOWSKI
TO: SB 273
Page 1, following line 2:
Insert new bill sections to read:
"* Section 1. 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
with the intent to intimidate, threaten, or terrorize
another person.
* Sec. 2. 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."
Page 1, line 3:
Delete "Section 1"
Insert "Sec. 3"
Renumber the following bill section accordingly.
Page 1, line 5, following "(a)(2)":
Insert "or (5)"
CHAIR FRENCH objected for discussion purposes.
SENATOR WIELECHOWSKI explained that he decided to offer the
amendment based on the testimony that approximately 70 percent
of the women who report being victims of domestic violence also
report that animals in the household are abused. This is another
tool for prosecutors to use to say that it's not acceptable to
use an animal to intimidate or terrorize someone.
2:25:09 PM
CHAIR FRENCH relayed that as a former prosecutor, he knows that
injury to an animal happens with depressing regularity in the
course of a domestic violence assaults.
2:26:07 PM
SENATOR THERRIAULT remarked that it seems that the suggested
language repeats the existing paragraph (1). He understands that
the idea is to get at the action of intimidating another person,
but "commits cruelty to animals" is the physical action that's
taking place and not necessarily the intent.
CHAIR FRENCH observed that it appears to be something less than
what's suggested by paragraph (1). He posed a hypothetical
example of a man who assaults his wife, kicks the dog and tells
his wife that he's going to treat her just like he treated the
dog. The man didn't inflict severe and prolonged physical pain
or suffering on the animal, but because of what he said to his
wife, he's increased it to the next level. He believes that's
what the amendment is trying to get at.
2:28:10 PM
SENATOR WIELECHOWSKI agreed that's the idea. He added that it's
very difficult to prove "knowingly inflicts severe and prolonged
physical pain or suffering" under AS11.61.140(a)(1). Expounding
on the hypothetical example, he said if the man shot the dog in
the course of fighting with his wife, that wouldn't technically
meet the requirements of animal cruelty, but it would be
captured under the proposed amendment. Adding the domestic
violence component gets at two things, he said.
2:29:43 PM
SENATOR THERRIAULT questioned whether the section doesn't belong
in the domestic violence part of the statutes. If taking a gun
out and shooting the dog dead doesn't trigger paragraph (1),
then it doesn't fall under cruelty. Under the amendment it will.
SENATOR WIELECHOWSKI responded that the bill is intended to get
at the most heinous cases of animal cruelty, while the amendment
is directed more at domestic violence. States are beginning to
do this now that the stunning correlation between animal cruelty
and domestic violence is more widely recognized.
2:32:18 PM
CHAIR FRENCH acknowledged Senator Therriault's point and said
it's worth debate. He can see it either way. On one hand it's an
assault toward a person type of crime, but on the other hand
it's the animal that's been injured and the person who's been
frightened.
At ease from 2:32:48 PM to 2:37:32 PM
CHAIR FRENCH removed his objection, and finding no further
objected, he announced that Amendment 1 is adopted.
2:38:00 PM
KIKI STIRLING, owner, Thistledown Animal Refuge, Fairbanks, said
she and her husband have been rescuing and rehabilitating dogs
for 10 years and she supports SB 273. Alaska is one of just
seven states that doesn't have a felony-level charge for animal
abuse and torture, she said. Also, Alaska has one of the highest
rape rates, domestic abuse rates, and murder rates and it's one
of the worst animal welfare states in the nation. Although the
bill doesn't address neglect, it is as big a problem in this
state as abuse, and in many cases the line is nearly
indistinguishable. She cited an example of a man who beat his
dog nearly to death with a pipe. He was charged with disorderly
conduct, but not animal cruelty. "There will never be an end to
abuse, torture, or neglect if there aren't laws that are strong
enough or that can't be enforced," she said.
2:40:10 PM
SENATOR THERRIAULT asked if she has further information as to
why the man wasn't charged.
MS. STIRLING replied she doesn't know.
SENATOR THERRIAULT said that illustrates part of his concern.
There's a problem with prosecutions that isn't solved by
increasing the penalties. He wants to make sure that if the
penalty is increased, that will force people to mount a stronger
defense. He'd like to talk with Ms. Carpeneti to figure out what
the problem is as far as bringing a charge in a fairly cut and
dried case. Something's wrong there, he said.
2:41:39 PM
SENATOR WIELECHOWSKI said as a previous prosecutor the Chair
knows that felony cases are more likely to be prosecuted. If the
base is a misdemeanor, the person will probably fight the charge
because there's no place to plead it down, but with a felony you
can plead it down to a misdemeanor.
CHAIR FRENCH said he can see both ways. He shares Senator
Therriault's concern about the general lack of resources and
historically low numbers, but on the other hand to knowingly
inflict severe and prolonged and physical pain or suffering on
an animal is outrageous. You wonder if you don't increase the
odds of prosecution by making the penalty more severe and more
attention getting, but the balance of the work load in the
prosecutors' offices isn't likely to change by passing this
bill. That may be the root problem, but it doesn't mean you
shouldn't do the right thing just because you can't respond.
Perhaps the next step is to allocate more money to fight that
crime.
CHAIR FRENCH set SB 273 aside for a subsequent hearing.
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