05/12/2002 09:06 PM Senate FIN

                                                                                                                                
     CS FOR HOUSE BILL NO. 489(JUD)                                                                                             
     "An Act relating to cruelty to animals."                                                                                   
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
SUE WRIGHT,  Staff to  Representative Chenault,  sponsor,  testified                                                            
this legislation  would increase the  penalties for animal  cruelty.                                                            
She informed that this  legislation is "event-driven" resulting from                                                            
an incident  that  occurred in  Sterling,  Alaska, in  which it  was                                                            
discovered that current statute was "lacking".                                                                                  
                                                                                                                                
Senator  Leman asked  the  reason  community service  as  a form  of                                                            
punishment, is not a requirement  in this legislation. He noted that                                                            
the classification  of the offense  as a Class A misdemeanor  allows                                                            
for the sentencing to include community service.                                                                                
                                                                                                                                
Ms. Wright  stated  that a specific  provision  requiring  community                                                            
service had  been included  in an earlier  version of this  bill but                                                            
removed  through  the efforts  of Representative  Berkowitz  by  the                                                            
House  Judiciary  Committee.  She  suggested  the  matter  could  be                                                            
readdressed the next legislative session.                                                                                       
                                                                                                                                
Senator Austerman  asked the  consequences  of failing to report  an                                                            
incident of animal cruelty.                                                                                                     
                                                                                                                                
Ms.  Wright replied  that  consequences for  this  failure had  been                                                            
included, and  then amended from,  the original version of  the bill                                                            
by the Senate  Judiciary Committee.  As a result, she remarked,  the                                                            
current version  of the bill  does not contain  a provision  for the                                                            
failure  to report  animal cruelty.  She noted  that Representative                                                             
Chenault  is of  the opinion  that animal  cruelty  has been  proven                                                            
through  many  reports  to be  a precursor  to  child  and  domestic                                                            
violence.  She  indicated  a  provision  in  the  current  committee                                                            
substitute  stipulates   that  licensed  veterinarians   and  animal                                                            
control officers  reporting such an  offense would be held  harmless                                                            
from reporting the event.                                                                                                       
                                                                                                                                
Co-Chair Kelly informed  the Committee that a jury trial is required                                                            
in the imposition of community service as a form of punishment.                                                                 
                                                                                                                                
Senator  Austerman  "moved  House Bill  489  out of  Committee  with                                                            
individual recommendations and the accompanying notes."                                                                         
                                                                                                                                
There was  no objection  and CS  HB 489 (JUD)  MOVED from  Committee                                                            
with  indeterminate   fiscal  notes,  #1  from  the  Department   of                                                            
Corrections, and #2 from the Department of Law.                                                                                 
                                                                                                                                
AT EASE 9:29 PM / 9:37 PM                                                                                                       
                                                                                                                                
Co-Chair Kelly announced bond bills would not be heard tonight.                                                                 
                                                                                                                                
AT EASE 9:38 PM / 9:38 PM