Legislature(2009 - 2010)BELTZ 105 (TSBldg)
03/08/2010 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB209 | |
| SB260 | |
| HB6|| SB214 | |
| SB202 | |
| SB284 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 209 | TELECONFERENCED | |
| += | SB 260 | TELECONFERENCED | |
| *+ | SB 202 | TELECONFERENCED | |
| + | SB 284 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 214 | ||
| = | HB 6 | ||
HB 6-CRUELTY TO ANIMALS
SB 214-CRUELTY TO ANIMALS
2:02:46 PM
CHAIR FRENCH announced the consideration of HB 6 and SB 214. He
relayed that the prime sponsors have been in discussion and have
agreed on a Senate committee substitute for HB 6.
2:03:40 PM
SENATOR MCGUIRE joined the committee.
SENATOR WIELECHOWSKI moved to adopt work draft Senate CS for CS
for HB 6, labeled 26-LS0022\S, as the working document.
SENATOR COGHILL objected for an explanation.
SHELLY MORGAN, staff to Senator Wielechowski, explained that the
Senate CS amends HB 6 to also include the language from SB 214.
Both bills contain language pertaining to acts of animal cruelty
and both propose to amend the same statute. The combined bills
would strengthen the punishment for animal cruelty while
ensuring that violent acts of bestiality are punishable by law.
MS. MORGAN noted there is an amendment for the committee to
consider, which would make violent crimes against both people
and animals aggravating factors at sentencing. This will provide
an additional tool to make it more difficult for repeat
offenders of violent crimes to plea down their punishment.
CHAIR FRENCH asked Mr. Sica if he agrees with the
representations Ms. Morgan made with respect to the conjoining
of the bills.
MICHAEL SICA, staff to Representative Bob Lynn, sponsor of HB 6,
said Representative Lynn supports this.
2:06:03 PM
SENATOR COGHILL asked for a more extensive explanation of the
new language and statutory references in Section 3, AS
11.61.140(g).
MS. MORGAN explained that with the exception of paragraphs 6 and
7 they come from SB 214, which creates an animal cruelty
provision for knowingly inflicting severe and prolonged pain or
suffering on an animal and for killing or injuring an animal by
use of a decompression chamber or poison. In comparison, the
penalty for the serious injury of a person is typically a class
A or class B felony. The penalty for poisoning a person to death
is an unclassified felony. SB 214 also creates a class A
misdemeanor for a first offense and class C felony for second
offense within 10 years for failing to care for an animal with
criminal negligence resulting in death, severe pain or suffering
and knowingly killing or injuring an animal with the intent to
intimidate, threaten, or terrorize another person.
These penalties have been merged into HB 6 with the added
provision creating a class A misdemeanor for the first offense
and a class C felony for the second offense within ten years for
knowingly engaging in sexual conduct with an animal. In
comparison, negligent child endangerment would be a class C
felony, stalking is a class A misdemeanor on the first offense
and a class C felony on the second offense. There are varying
arrays of sexual abuse of a minor. Sexual abuse of a minor in
the fourth degree is a class A misdemeanor, in the third degree
it's a class C felony, and if you go up to a first degree
offense it would be an unclassified felony.
In nearly all of these provisions, the penalties for crimes
inflicted on humans are much greater than the penalties for
crimes inflicted on animals, she said. However, the penalties
for stalking are the same as that for knowingly killing or
injuring an animal with the intent to intimidate, threaten or
terrorize another person because this provision of animal
cruelty is essentially one component of stalking or terrorizing
another person.
2:09:19 PM
CHAIR FRENCH clarified that Section 1, pertaining to AS
11.61.140(a), has the different forms of animal cruelty in
subsections (a)(1), (a)(3), and (a)(4). They are automatically a
class C felony on the first offense. Subsections (a)(2), (a)(5),
(a)(6), and (a)(7) list crimes that are an A misdemeanor unless
a person has been convicted once before ten years previously.
SENATOR COGHILL said he assumes that a fourth degree assault
would be a misdemeanor.
CHAIR FRENCH explained that a fourth degree assault is to
recklessly cause physical injury. The misdemeanor assault
statute defines physical injury as pain so it's a misdemeanor to
causes any kind of pain recklessly.
SENATOR COGHILL said he's just trying to get his feet on the
ground on equivalency.
MR. SICA said the animal cruelty statute doesn't talk about any
amount of pain; it talks about prolonged pain. A similar offense
against a human would bring a much greater penalty.
CHAIR FRENCH agreed; subsection (a)(1) looks like the only
analog and would probably be in the higher felony range, he
said. He asked Senator Coghill if he maintained his objection to
the adoption of the CS.
SENATOR COGHILL said no, but he's concerned that someone could
be charged with felonious behavior on an animal while the same
behavior on a human might be pled out.
2:12:57 PM
SENATOR WIELECHOWSKI said the penalty for knowingly inflicting
severe and prolonged physical pain or suffering on an animal
would be the lowest felony possible, whereas it would be at
least a class A felony to do the same thing to a human. It would
be a class C felony to kill or injure an animal by use of a
decompression chamber, whereas it would be an unclassified
felony to do that to a human. It would be a class C felony to
intentionally kill or injure livestock using poison, whereas it
would be an unclassified felony to do the same to a human.
SENATOR COGHILL asked the significance of the decompression
chamber.
SENATOR WIELECHOWSKI replied it is language that's been in the
statutes for a long time and it's a particularly heinous way to
kill an animal. AS 11.61.140(a)(4), which relates to
intentionally killing an animal by poison, is similarly old
statutory language.
SENATOR COGHILL removed his objection.
CHAIR FRENCH announced that without objection version S Senate
CS for HB 6 is before the committee.
2:14:46 PM
SENATOR WIELECHOWSKI moved Amendment 1, labeled 26-LS0022\S.1.
He explained that this is an amendment that was adopted in the
House Judiciary Committee. Including it in the conjoined bills
maintains parity.
A M E N D M E N T 1
OFFERED IN THE SENATE
TO: SCS CSHB 6( ), Draft Version "S"
Page 1, line 1, following "animals":
Insert "; and relating to aggravating factors at
sentencing involving assaultive behavior and cruelty
to animals;"
Page 3, following line 16:
Insert a new bill section to read:
"* Sec. 5. AS 12.55.155(c)(8) is amended to read:
(8) the defendant's prior criminal history includes
conduct involving aggravated assaultive behavior, [OR]
repeated instances of assaultive behavior, repeated
instances of cruelty to animals proscribed under
AS 11.61.140(a)(1) and (3) - (5), or a combination of
assaultive behavior and cruelty to animals proscribed
under AS 11.61.140(a)(1) and (3) - (5); in this
paragraph, "aggravated assaultive behavior" means
assault that is a felony under AS 11.41, or a similar
provision in another jurisdiction;
Renumber the following bill section accordingly.
Page 3, line 20, following the first occurrence of
"Act":
Insert ", and to aggravating factors at sentencing
under AS 12.55.155(c)(8) made by sec. 5 of this Act"
CHAIR FRENCH said the amendment is appropriate; inflicting pain
and suffering on animals is a highly accurate predictor of
people who will be assaultive toward humans.
2:15:43 PM
REPRESENTATIVE BOB LYNN, sponsor of HB 6, opined that the bills
were good individually and he wholeheartedly supports putting
them together. It's a good example of the House and Senate
working together to craft good legislation that protects both
animals and humans.
CHAIR FRENCH thanked Representative Lynn for generously opening
his bill to amendments.
REPRESENTATIVE LYNN replied his main concern is to protect the
community; animal cruelty is a stair step to crimes against
humans.
SENATOR WIELECHOWSKI said he'd like to associate himself with
Senator French's comments. He is most appreciative.
SENATOR COGHILL said he agrees that cruelty to animals and the
way people sometimes treat one another is egregious. However,
this could be misused, he said. For example, we ask soldiers to
do things that look cruel and unusual, but there is a purpose.
Likewise, we train animals to do specific and noble things that
may cause prolonged pain. I would hate for that to be called
into question, he cautioned.
2:18:52 PM
SENATOR WIELECHOWSKI moved to report CS for HB 6, as amended,
from committee with individual recommendations and attached
fiscal note(s).
At ease
2:19:31 PM
CHAIR FRENCH reconvened the meeting and noted that a Senate
Concurrent Resolution for a title change will move with the
bill.
There being no objection, SCS CSHB 6(JUD) moved from the Senate
Judiciary Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB284 Sponsor Statement.doc |
SJUD 3/8/2010 1:30:00 PM |
SB 284 |
| Sectional Analysis SB 284.PDF |
SJUD 3/8/2010 1:30:00 PM |
SB 284 |
| SB202 Sponsor Statement.pdf |
SJUD 3/8/2010 1:30:00 PM |
SB 202 |