CSHB 138(JUD): "An Act relating to penalties for cruelty to animals; and relating to aggravating factors at sentencing involving assaultive behavior and cruelty to animals."
00 CS FOR HOUSE BILL NO. 138(JUD) 01 "An Act relating to penalties for cruelty to animals; and relating to aggravating factors 02 at sentencing involving assaultive behavior and cruelty to animals." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.61.140(f) is amended to read: 05 (f) Except as provided in (g) of this section, cruelty to animals under (a)(2) or 06 (5) of this section is a class A misdemeanor. The court may also 07 (1) require forfeiture of any animal affected to the state or to a 08 custodian that supplies shelter, care, or medical treatment for the animal; 09 (2) require the defendant to reimburse the state or a custodian for all 10 reasonable costs incurred in providing necessary shelter, care, veterinary attention, or 11 medical treatment for any animal affected; 12 (3) prohibit or limit the defendant's ownership, possession, or custody 13 of animals for up to 10 years. 14 * Sec. 2. AS 11.61.140(g) is amended to read:
01 (g) Cruelty to animals under (a)(1), (3), or (4) of this section is a class C 02 felony. Cruelty to animals is also a class C felony if the person is convicted under 03 (a)(2) or (5) of this section and [IF] the person has been previously convicted on one 04 [TWO] or more separate occasions within 10 years of the date of the present offense 05 of a crime under this section, AS 11.61.145(a)(1) or (2), or a law or ordinance of 06 another jurisdiction having elements similar to those offenses. For a conviction 07 under this subsection, the [THE] court may also 08 (1) require forfeiture of any animal affected to the state or to a 09 custodian that supplies shelter, care, or medical treatment for the animal; 10 (2) require the defendant to reimburse the state or a custodian for all 11 reasonable costs incurred in providing necessary shelter, care, veterinary attention, or 12 medical treatment for any animal affected; 13 (3) prohibit or limit the defendant's ownership, possession, or custody 14 of animals for up to 10 years. 15 * Sec. 3. AS 12.55.155(c)(8) is amended to read: 16 (8) the defendant's prior criminal history includes conduct involving 17 aggravated assaultive behavior, [OR] repeated instances of assaultive behavior, 18 repeated instances of cruelty to animals proscribed under AS 11.61.140(a)(1) and 19 (3) - (5), or a combination of assaultive behavior and cruelty to animals 20 proscribed under AS 11.61.140(a)(1) and (3) - (5); in this paragraph, "aggravated 21 assaultive behavior" means assault that is a felony under AS 11.41, or a similar 22 provision in another jurisdiction; 23 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 APPLICABILITY. The changes to penalties under AS 11.61.140(f) and (g), made by 26 secs. 1 and 2 of this Act, and to aggravating factors at sentencing under AS 12.55.155(c)(8), 27 made by sec. 3 of this Act, apply to offenses occurring on or after the effective date of this 28 Act.