02/12/2010 01:30 PM Senate JUDICIARY

                   HB   6-CRUELTY TO ANIMALS                                                                                
                                                                                                                                
2:53:06 PM                                                                                                                    
CHAIR FRENCH  announced the consideration  of HB 6.  [CSHB 6(JUD)                                                               
am was before the committee.]                                                                                                   
                                                                                                                                
REPRESENTATIVE BOB LYNN, sponsor of  HB 6, said this bill expands                                                               
the animal cruelty statutes to  include bestiality. Jokes on this                                                               
topic abound, but it's no  laughing matter; it's linked to sexual                                                               
abuse of  a minor crimes.  He reported  that the impetus  for the                                                               
bill was an incident that  arose in Klawock involving a convicted                                                               
sex offender  who tied a  dog to a  tree, taped its  muzzle shut,                                                               
and then  sexually assaulted it.  He was surprised to  learn that                                                               
there is  no state  law prohibiting this  activity and  that this                                                               
was not an isolated incident.                                                                                                   
                                                                                                                                
He  noted that  the bill  packet  includes a  list of  frequently                                                               
asked questions and answers about bestiality. For example:                                                                      
   · Is there a connection between animal sexual abuse and                                                                      
     domestic violence, child abuse, and other violent crimes? -                                                                
     Yes, and it is worse than expected.                                                                                        
   · Is animal sexual abuse illegal in other states? - Yes, at                                                                  
     least 35 other states outlaw bestiality.                                                                                   
   · Are there exemptions in the bill for accepted veterinary                                                                   
     and animal husbandry procedures? - Yes.                                                                                    
   · Is bestiality a problem in Alaska and the rest of the U.S.?                                                                
     - Yes, and that's why most states have laws against                                                                        
     bestiality. Alaska should also have such a law.                                                                            
                                                                                                                                
REPRESENTATIVE LYNN  noted that the packet  also contains letters                                                               
of support from the Alaska  Department of Corrections; the Alaska                                                               
Farm  Bureau,  Inc.;  Alaska   Peace  Officers  Association;  the                                                               
American  Humane  Association;  and  the Humane  Society  of  the                                                               
United States. In addition to  addressing bestiality, the bill is                                                               
also  addressing public  safety,  particularly  for children,  he                                                               
concluded.                                                                                                                      
                                                                                                                                
2:57:49 PM                                                                                                                    
MIKE  SICA, Staff  to Representative  Lynn,  said HB  6 seeks  to                                                               
expand  the  current  provision  on  animal  cruelty  to  include                                                               
offenses  of sexual  abuse of  animals.  Senator Wielechowski  is                                                               
asking for  the tougher penalties  in his  bill and this  bill is                                                               
saying don't leave holes in the law.                                                                                            
                                                                                                                                
Section 1  amends AS 11.61.140(a)  adding paragraphs (6)  and (7)                                                               
that  say  that a  person  commits  animal cruelty  by  knowingly                                                               
engaging in sexual  conduct with an animal,  and by intentionally                                                               
permitting  sexual  conduct  with  an  animal  to  occur  on  any                                                               
premises  under their  control. Section  2 adds  a definition  of                                                               
what constitutes  sexual conduct  with an  animal, and  is lifted                                                               
almost word for word from Washington statute.                                                                                   
                                                                                                                                
MR. SICA  said this bill  is simple, but  it is not  trivial. The                                                               
established  link between  animal cruelty  and cruelty  to humans                                                               
extends to  sexual behavior. He  directed attention to  the human                                                               
pet abuse  section of  petabuse.com site  and remarked  that it's                                                               
stunning  to see  the hundreds  of  cases, including  the one  in                                                               
Klawock.   When   Washington   State  was   considering   similar                                                               
legislation,  the  Seattle   Post-Intelligencer  headline  simply                                                               
said, "Welcome to No-Brainsville."                                                                                              
                                                                                                                                
3:01:51 PM                                                                                                                    
DON MARVIN, Mayor,  Klawock, stated strong support for  HB 6. The                                                               
previously  mentioned  case  of   animal  sexual  assault  was  a                                                               
nightmare  for  the  community to  live  through.  The  residents                                                               
didn't feel safe, but the person  could not be held or prosecuted                                                               
under current law.                                                                                                              
                                                                                                                                
RONNIE  ROSENBERG, Chair,  Fairbanks  North  Star Borough  Animal                                                               
Control Commission,  said she is  also the founder  and president                                                               
of the Fairbanks Animal Shelter  Fund. The commission unanimously                                                               
supports HB 6. They have seen  these cases and are mindful of the                                                               
link between  this and sexual  abuse of a  minor and the  harm it                                                               
causes a community.  This is not a victimless  crime; there isn't                                                               
any good reason that this  conduct shouldn't be criminalized, she                                                               
concluded.                                                                                                                      
                                                                                                                                
3:05:08 PM                                                                                                                    
LESLIE ISAACS,  City Administrator,  Klawock, stated  support for                                                               
HB  6.  He related  that  when  the  sexual  abuse of  an  animal                                                               
incident  came  to  light  in  Klawock  the  police  visited  the                                                               
individual, but they couldn't press  charges because there wasn't                                                               
an applicable  law. Some  community members  began to  talk about                                                               
vigilante justice,  which caused another citizen  to comment that                                                               
it  would  be   a  miscarriage  of  justice   if  someone  sought                                                               
retribution and ended up in jail.                                                                                               
                                                                                                                                
CHAIR FRENCH closed public testimony and held HB 6 in committee.                                                                
                                                                                                                                
3:07:41 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair French  adjourned the  Senate Judiciary  Standing Committee                                                               
at 3:07 p.m.