01/26/2010 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB6 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 6 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
January 26, 2010
9:01 a.m.
MEMBERS PRESENT
Senator Linda Menard, Chair
Senator Kevin Meyer, Vice Chair
Senator Hollis French
Senator Albert Kookesh
Senator Joe Paskvan
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 6(JUD) AM
"An Act relating to proscribing certain sexual conduct or sexual
activities as cruelty to animals."
MOVED CSHB 6(JUD) AM OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 6
SHORT TITLE: CRUELTY TO ANIMALS
SPONSOR(s): REPRESENTATIVE(s) LYNN
01/20/09 (H) PREFILE RELEASED 1/9/09
01/20/09 (H) READ THE FIRST TIME - REFERRALS
01/20/09 (H) JUD, FIN
03/20/09 (H) JUD AT 1:00 PM CAPITOL 120
03/20/09 (H) Moved CSHB 6(JUD) Out of Committee
03/20/09 (H) MINUTE(JUD)
03/25/09 (H) JUD RPT CS(JUD) NT 4DP 1NR 1AM
03/25/09 (H) DP: LYNN, GRUENBERG, COGHILL, GATTO
03/25/09 (H) NR: RAMRAS
03/25/09 (H) AM: HOLMES
04/11/09 (H) FIN REFERRAL WAIVED
04/17/09 (H) TRANSMITTED TO (S)
04/17/09 (H) VERSION: CSHB 6(JUD) AM
04/18/09 (S) READ THE FIRST TIME - REFERRALS
04/18/09 (S) STA, JUD
01/26/10 (S) STA at 9:00 AM Beltz 105 (TS Bldg)
WITNESS REGISTER
REPRESENTATIVE LYNN
Alaska State Capitol
Juneau, AK
POSITION STATEMENT: Sponsor of HB 6.
MIKE SICA
Staff to Representative Lynn
Alaska State Capitol
Juneau, AK
POSITION STATEMENT: Supported HB 6.
DONALD MARVIN, Mayor of Klawock
Klawock, AK
POSITION STATEMENT: Supported HB 6.
LESLIE ISAACS, Klawock City Manager
Klawock, AK
POSITION STATEMENT: Supported HB 6.
TALEA DAVIS
Representing herself
Wrangell, AK.
POSITION STATEMENT: Supported HB 6.
RONNIE ROSENBERG, Chairperson
Fairbanks North Star Bureau Animal Control Commission
POSITION STATEMENT: Supported HB 6.
CHAVA LEE, Executive Director
Gastineau Humane Society
Juneau, AK
POSITION STATEMENT: Supported HB 6.
DR. RACHEL DZUIBA, Veterinary Clinical Director
Gastineau Humane Society
Juneau, AK
POSITION STATEMENT: Supported HB 6.
ACTION NARRATIVE
9:01:09 AM
CHAIR LINDA MENARD called the Senate State Affairs Standing
Committee meeting to order at 9:01 AM. Senators Kookesh,
Paskvan, French, and Menard were present at the call to order.
HB 6-CRUELTY TO ANIMALS
9:02:15 AM
CHAIR MENARD announced consideration of HB 6. [Before the
committee was CSHB 6 (JUD) AM.]
9:04:25 AM
SENATOR MEYER joined the meeting.
REPRESENTATIVE LYNN, sponsor of HB 6, said animal cruelty is a
serious concern, but even more serious is the link between
animal cruelty and sexual abuse of children. Representative Lynn
explained that this issue came to his attention a couple of
years ago upon reading an article in the Anchorage Daily News
about a man in Klawock who sexually abused a dog. There was no
state law to prevent such an act. The alleged perpetrator also
had a history of child sexual assault.
Representative Lynn advised that a connection exists between
animal abuse, domestic abuse, child abuse and other violent
crimes and that 35 other states have outlawed acts of
bestiality. Exceptions in HB 6 allow for accepted and common
veterinarian and animal husbandry procedures.
9:07:34 AM
REPRESENTATIVE LYNN informed the committee that several strong
letters of support from organizations such as the Department of
Corrections, the Alaska Farm Bureau, the Alaska Peace Officers
Association and the Humane Society, are in the bill packets. He
said that while HB 6 started out as a routine bill against
animal cruelty, the relationship between animal sexual assault
and public safety was also recognized as another important
element of the bill.
MIKE SICA, staff to Representative Lynn, said HB 6 closes a gap
in the existing animal cruelty statutes. An animal is incapable
of consent; therefore bestiality does qualify as cruelty even if
there is no physical harm to the animal. The type of person who
is prone to sexually abuse an animal is prone to do the same to
a child or vulnerable adult who is also incapable of consent.
9:10:21 AM
MR. SICA said the perpetrator in the Klawock case was a two-time
child sex offender. Studies have shown that sexual offenders
have histories of abusing animals. As illustrated in an FBI
study, the background of serial sexual offenders includes a high
rate of animal sexual assault. Mr. Sica said Leslie Isaacs, City
Manager of Klawock, and Donald Marvin, Mayor of Klawock, have
spoken about the fear that ran through the village after the
incident.
The assistant District Attorney in Ketchikan said no law could
be applied to the incident. In some specific cases, such as when
the animal is killed or if sexual abuse of the animal is tied to
domestic violence, prosecution is possible. However, a clear law
is needed to allow prosecution for sexually assaulting an
animal.
9:12:19 AM
MR. SICA stated that the bill adds a 6th offense, sexual conduct
with animals, and related offenses, to the existing statute. A
definition of "sexual conduct" is included.
SENATOR PASKVAN questioned the distinction between "knowingly"
in sub-paragraph (6) versus "intentionally" in sub-paragraph
(7).
MR. SICA replied that a House Representative wanted a higher
threshold for finding someone guilty of this crime.
"Intentionally" is a higher threshold than "knowingly." You have
to be aware of what is going on on your property to the point of
intentionally setting it up.
SENATOR KOOKESH asked if there are other examples of this
problem in Alaska.
MR. SICA replied that Chava Lee, Executive Director of the
Gastineau Humane Society, has said she gets a handful of cases
every year. He said a Ft. Wainwright soldier was suspected of
dog sodomy in July and another dog was sexually abused and
killed near Hurricane Gulch.
9:14:50 AM
MR. SICA said that many cases are not known because no law
against animal sexual abuse exists; more cases will arise when a
law against it is in place.
SENATOR MEYER asked if the penalty for sexual conduct with an
animal is a Class C felony.
MR. SICA replied that it is a Class A misdemeanor like the other
offenses that fall under Section 1 [of HB 6, pages 1-2].
SENATOR MEYER noted that he did not see any fiscal notes and
asked if this was because not many cases were expected.
MR. SICA replied that HB 6 would generate only a few extra cases
beyond regular case loads. He hopes that after a case or two,
the message of animal sexual assault being punishable by law
will get out to the public and discourage this behavior.
9:17:19 AM
DONALD MARVIN, mayor of Klawock, spoke in support of HB 6. He
said the previously mentioned case of animal sexual assault
against a dog was difficult to deal with. The people in Klawock
were scared by the incident, but without an appropriate law,
prosecution of the perpetrator was impossible.
9:18:47 AM
LESLIE ISAACS, City Manager of Klawock, spoke in support of HB
6. He recalled some citizens of Klawock wanting to find the
perpetrator and "render justice in their own way." Mr. Isaacs
recounted Mayor Marvin telling these citizens that anyone who
went after the perpetrator could end up in jail rather than the
perpetrator. Without a law that could be put forth by the
District Attorney, the city officials of Klawock had a difficult
time calming the public.
9:20:51 AM
TALEA DAVIS, representing herself, Wrangell, spoke in support of
HB 6. Ms. Davis, a Wrangell high school student, described an
incident in which a coffee shop owner, going out of business,
hired a student to get rid of 23 cats. The student trapped the
cats, stomped their heads in and poisoned them. The student is
still in school with Ms. Davis, and the former coffee shop owner
is a substitute at the school. Ms. Davis said she is afraid of
the student because she believes if a person harmed or killed
animals in that manner, the person could also harm a human. Ms.
Davis said her friend found her pet cat to be one of those
killed and dumped out the road. She expressed the opinion that
it is ironic for the state to pass a bill making the malamute
the state dog when there is no law to protect the dog from abuse
or sexual assault.
9:24:15 AM
RONNIE ROSENBERG, Chairperson, Fairbanks North Star Bureau
Animal Control Commission, spoke in support of HB 6. She said
she has served on the commission for 15 years and has been a
shelter volunteer for 17 years. Every year one or two cases of
sexual animal abuse comes to her attention and that, because a
link exists between animal abuse and child sexual abuse, a law
is needed that would allow troopers to pursue these cases.
9:26:25 AM
CHAVA LEE, Executive Director of the Gastineau Humane Society in
Juneau, supported HB 6.
MS. LEE read prepared remarks. She expressed the opinion that
"sexual abuse of an animal is a violent criminal act." Referring
to the incident in Klawock, she said:
That community was disgusted by the act and frightened
by the consequences to their own pets, themselves and
especially their children. There was no small amount
of anger and helplessness generated by the knowledge
that nothing could be done to this person to punish
him for his acts.
MS. LEE deviated from her prepared remarks and responded to
Senator Kookesh's earlier inquiry about examples other than the
Klawock incident. She said this is not a rural or village crime
as opposed to an urban crime; animal sexual abuse happens all
across the state.
MS. LEE returned to reading from her prepared statement. "This
is not a victimless crime. This is an act committed upon a
defenseless living creature." She reported being involved in two
cases of animal sexual abuse. One revolved around a man
terrorizing his neighbor by having sexual intercourse with his
dog within her sight and hearing. The perpetrator knew no
charges could be made against him. In another incident, a man
threatened to hurt his girlfriend's dog if her children did not
do what he wanted them to do. After several conversations with
one of the children, Ms. Lee learned that that "hurt" meant to
have intercourse with the dog. The mother fled Juneau with her
children.
MS. LEE said that "in the final analysis, it is ironic that
animals have to look to humans to stand between them and the
cruelty and abuse we inflict upon them." She said that while
this bill may not stop cruelty, it would provide a consequence.
9:31:50 AM
DR. RACHEL DZUIBA, Veterinary Clinical Director of Gastineau
Humane Society, and owner and operator of Bridge Veterinary
Services, spoke in support of HB 6. She read a prepared
statement. She felt the graphic wording of the bill was
necessary and provided the clarity needed to avoid imposing
penalties on standard veterinary, farming or husbandry
practices. She expressed the opinion that:
The pattern of aggression and control exhibited by
humans seeking to purport sexual acts against animals
must be recognized as a punishable crime in order to
ultimately encourage a society that is safer to live
in.
9:34:18 AM
DR. DZUIBA said that she has been aware of several instances of
animal sexual assault and that these instances need to be
addressed in state law.
CHAIR MENARD closed public testimony.
SENATOR MEYER said he is not comfortable with the difference
between "intentional" and "knowingly," but would let the
Judiciary committee deal with the wording.
SENATOR PASKVAN moved to report CS for HB 6, version E.A from
committee with individual recommendations and attached fiscal
note(s). Without objection CSHB 6(JUD)AM moved out of committee.
9:36:02 AM
Finding no further business to come before the committee, Chair
Menard adjourned the meeting at 9:36 p.m.
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