Legislature(2009 - 2010)BELTZ 105 (TSBldg)
02/12/2010 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB307 | |
| SB210 | |
| SJR21 | |
| SB214 | |
| HB6 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 6 | TELECONFERENCED | |
| *+ | SB 214 | TELECONFERENCED | |
| *+ | SB 252 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SJR 21 | TELECONFERENCED | |
| = | HB 307 | ||
| = | SB 210 | ||
SB 214-CRUELTY TO ANIMALS
2:15:23 PM
CHAIR FRENCH announced the consideration of SB 214.
SENATOR WIELECHOWSKI, sponsor of SB 214, said the link between
animal cruelty, domestic violence and other violent crimes has
been well documented since the 1970s. SB 214 works hand-in-hand
with the governor's platform against domestic violence by
increasing the punishment to a felony offense for the most
heinous crimes of animal cruelty. The bill provides the
opportunity to identify and punish perpetrators of domestic
violence early on, before they can do further harm to people in
the community.
Currently, animal cruelty is a misdemeanor offense and a class C
felony on the third offense if it occurs within 10 years. Forty
five other states have animal cruelty provisions with a felony
on the first offense. Alaska is the only state that requires a
third offense prior to triggering the felony clause. This bill
will amend current statute to ensure that the most heinous acts
of animal cruelty are a felony on the first offense. This bill
creates a felony animal cruelty provision for knowingly
inflicting severe and prolonged physical pain or suffering on an
animal or for killing or injuring an animal by the use of a
decompression chamber or poison. By comparison, the penalty for
a serious injury of a person is typically a class A or a class B
felony. The penalty for killing a person with poison 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 or for knowingly killing or
injuring an animal with the intent to intimidate, threaten or
terrorize another person. By comparison, the penalty for
negligent child endangerment is a class C felony and stalking is
a class A misdemeanor on the first offense and a class C felony
on the second offense. In nearly all these provisions, the
penalties for crimes inflicted on humans are much greater than
the penalties for crimes inflicted on animals. The penalty for
stalking, however, is the same as that for knowingly killing or
injuring an animal with the intent to intimidate, threaten, or
terrorize another person. The provision for animal cruelty is
essentially one component of stalking or terrorizing another
person.
2:18:13 PM
SENATOR WIELECHOWSKI highlighted that in Alaska, stealing a $500
purebred dog or vandalizing a $500 portrait of an animal is
currently a Class C felony, but killing or severely injuring
that same pet is only a class A misdemeanor. This doesn't make
sense, he said.
As previously mentioned, there is a direct and proven link
between crimes of domestic violence and animal cruelty. Over 70
percent of pet owners entering domestic violence shelters report
that their batterer had threatened, injured, or killed family
pets. Over 90 percent of violent attacks on animals are
committed in the presence of a partner or a family member to
seek revenge or control. SB 214 provides an opportunity to
prevent further violent acts by identifying those dangerous
individuals before they can do more harm to both animals and
people.
SENATOR WIELECHOWSKI noted that SB 214 is supported by the
Alaska Department of Public Safety, the Council on Domestic
Violence and Sexual Assault, Alaska Network on Domestic Violence
and Sexual Assault, Alaska Veterinary Association, the
Municipality of Anchorage Animal Control Advisory Board, the
Humane Society of the U.S., the Alaska Peace Officers
Association, and many other groups and individuals.
SENATOR WIELECHOWSKI related two recent instances of violence
and animal cruelty in this state to show why it's time to join
45 other states and allow felony prosecution for the most
despicable acts of animal cruelty.
2:22:28 PM
CHAIR FRENCH recalled that animal cruelty has to rise to the
level of torture for it to be a felony.
SENATOR WIELECHOWSKI said it's essentially torturing on three
occasions.
2:23:48 PM
DOUG MOODY, Attorney, Public Defender Agency, Alaska Department
of Administration, said he is available to answer questions and
that the PDA seconds Ms. Carpeneti's testimony.
COLONEL AUDIE HOLLOWAY, Alaska State Troopers, Department of
Public Safety (DPS), said that domestic violence perpetrators
use threats or violence to pets to coerce their victims.
Numerous studies show that cruelty to animals is linked to
crimes against persons. The troopers receive frequent requests
to investigate animal cruelty ranging from starvation to using
animals for target practice. Because of other priorities they
are unable to investigate most of those cases. Hopefully
increasing the penalties will cause perpetrators to think twice
about committing these acts, he said.
2:25:30 PM
JACKIE KAHN, Detective, Anchorage Police Department, said she is
the point of contact for animal cruelty cases and she believes
that people don't realize how much animal cruelty goes on. In
less than two years she has reviewed at least 60 cases of
reported animal cruelty ranging from neglect to torture. She
highlighted the point that people that commit acts of animal
cruelty are statistically linked to other violent crimes and
other criminal activity. I've seen that in practice in
Anchorage, she said. SB 214 is an important bill that will help
keep these people from committing future crimes.
2:29:11 PM
KAYLA EPSTEIN, member, Anchorage Animal Care and Control
Advisory Board, said the board unanimously supports SB 214. Most
people want to protect small helpless creatures from harm and
pedophiles know and take advantage of this. While people like to
think that pedophiles are strangers, the fact is that 70 percent
are either family members or someone that the family knows.
Abuse of animals is an aid to perpetrators in cases of domestic
violence. They use abuse or threats of abuse to demonstrate
power and control, to isolate, to force submission, to
perpetuate an environment of fear, to prevent the victim from
leaving or to coerce them to return, and to punish a victim for
leaving or for showing independence. 71 percent of pet-owning
women entering shelters report that their batterer has injured,
maimed, killed, or threatened family pets for revenge or
psychological control. In those cases, 87 percent of the women
witnessed the abuse and 76 percent of children were witness. 25
percent of abused women will not leave their situation out of
fear for the animals they care about. In homes where a spouse is
abused, child abuse is twice as likely to occur if there is also
animal abuse. Increasing the penalty for animal abuse to a
felony would give prosecutors one more weapon to fight the very
difficult domestic violence and sexual abuse of a minor cases.
2:33:49 PM
RONNIE ROSENBERG, Chair, Fairbanks North Star Borough Animal
Control Commission, said she is also the founder and president
of the Fairbanks Animal Shelter Fund. From time to time over the
years they have seen egregious animal abuse and it's time to
join the other 45 states and prosecute them on the first offense
as a felon. These events are very disruptive to the fabric of
neighborhoods and communities.
MICHELE GIRAULT, Friends of Pets, Anchorage, stated support for
SB 214. She reported having received many calls over the years
from women whose pets had been killed by their partners. The
link between violence toward pets and violence toward women and
children is better recognized now and she believes that passing
this bill will help address other violent issues and perhaps
save a child or woman from being battered. Alaska needs to take
a stand and make animal cruelty a felony, she said.
2:37:34 PM
ADAM PARASCANDOLA, Director, Animal Cruelty Campaign, Humane
Society of the United States, stated support for SB 214. He
cited a study released by the Chicago Police Department in 2008
that found "a startling propensity for offenders charged with
crimes against animals to commit other violent offenses towards
human victims." Investigators examined the criminal records of
animal cruelty and animal fighting arrestees and found that 86
percent had two or more past arrests, 70 percent had been
arrested for felonies including homicide, 70 percent had past
narcotics arrests, and 65 percent had been arrested for battery
crimes. A Canadian police study similarly found that 70 percent
of those arrested for animal cruelty had prior records of
violent crimes including homicide. This research makes it clear
that people who are capable of atrocious acts of cruelty to
animals are similarly dangerous to humans and communities. He
noted that after the District of Columbia passed a felony law
against animal cruelty the first case he investigated was linked
to domestic violence. SB 214 is reasonable and practical, he
concluded.
2:40:44 PM
SALLY CLAMPITT, Executive Director, Alaska SPCA, stated
enthusiastic support for SB 214. Alaska SPCA receives numerous
calls from across the state reporting incidents of cruelty or
inhumane treatment of animals, particularly dogs. Local animal
control ordinances are frequently weak and ineffective and when
there is no enforcement agency these cases are handled by the
state troopers that have many other pressing obligations. If
animal cruelty were a felony on the first offense and the law
was energetically and decisively enforced, the word would get
out. It would likely be an effective and long-term deterrent to
people who commit heinous acts against animals. Alaska has a
long history of having some of the worst animal cruelty laws and
SB 214 would bring it closer in alignment with legislation in
other states. This is appropriate as there is growing
intolerance for animal cruelty.
2:43:26 PM
DR. MYRA WILSON, Veterinarian, Anchorage Animal Care and
Control, stated support for SB 214. She could reiterate previous
testimony from an animal control perspective. Her agency has
seen numerous cases of animal cruelty and would like to see all
the hard work that APD, animal control officers, and
veterinarians put into these animal cruelty cases result in more
stringent penalties.
2:45:16 PM
ANNE CARPENETI, Attorney, Criminal Division, Department of Law
(DOL), said the department isn't taking a position on SB 214,
but in the past it has testified in opposition to felony level
penalties for animal cruelty. She reported that in 1978 the
Criminal Code Revision Commission debated whether or not animal
cruelty should be a felony and the majority decided it ought to
be resolved as a class A misdemeanor. The maximum penalty of
which is one year in jail. Over the years DOL has held that the
prosecution of animal cruelty cases should be less serious than
the prosecution of assault and other offenses against humans.
MS. CARPENETI said Senator Wielechowski is correct when he
points to the elements of the offenses. Murder of a human being
is a higher level than a class A misdemeanor. Torturing and
killing a person is an unclassified felony that would probably
bring a mandatory 99 years in jail. However, the reality of
criminal prosecution of crimes against people in this state,
particularly domestic violence crimes, is that they tend to be
resolved as class A misdemeanors - assault in the fourth degree.
Not until the third assault in the fourth degree within a ten
year period does one get a class C felony. DOL's concern is that
crimes against people generally get resolved as class A
misdemeanors. It's an issue of parity; humans should be
protected more seriously than animals.
CHAIR FRENCH said he's surprised, given the governor's focus on
domestic violence, that he or the attorney general isn't willing
to rethink that historical opposition. He doesn't believe anyone
is seeking parity between harm against pets and harm against
humans, but he knows that many serious assaults against women
and children that resolve as misdemeanor do so because of the
leverage a potential felony conviction affords. If this becomes
law, many felony animal cruelty charges will similarly resolve
as misdemeanors, but with less fuss and muss, he said.
2:49:43 PM
MS. CARPENETI said that's probably true. It's clear that animal
cruelty should be taken seriously because the evidence shows
that it is a gateway crime to domestic violence. However, a
gateway crime shouldn't have a larger penalty than the target
crime.
SENATOR WIELECHOWSKI said it's factually incorrect to say that
these proposed penalties are at parity with the penalties for
similar acts committed against humans. Knowingly inflicting
severe and prolonged pain or suffering on an animal would be a
class C felony. A similar act committed against a human is
either a class A or a class B felony and possibly an
unclassified felony. Killing or injuring an animal by poison or
decompression chamber would be a class C felony, which is the
lowest form of felony. Doing the same to a human is an
unclassified felony.
2:51:52 PM
MS. CARPENETI said, "It could be that since 1978 our state has
matured and gotten to a point where animal cruelty ought to be a
felony." I was simply giving the historical perspective, she
added.
SENATOR WIELECHOWSKI said he has a big problem if this
administration is allowing criminals who inflict severe and
prolonged pain and suffering on other humans to plead out to a
misdemeanor. Let me know if you need more resources to address
that, he said.
CHAIR FRENCH announced he would hold SB 214 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 214 sponsor statement.pdf |
SJUD 2/12/2010 1:30:00 PM |
SB 214 |
| Nat Coalition Agains Dom Viol.PDF |
SJUD 2/12/2010 1:30:00 PM |
SB 214 |
| Humane Society.PDF |
SJUD 2/12/2010 1:30:00 PM |
SB 214 |
| HSUS Letter of Support - SB 214.pdf |
SJUD 2/12/2010 1:30:00 PM |
SB 214 |
| SB252 Letter.PDF |
SJUD 2/12/2010 1:30:00 PM |
SB 252 |
| SBS 252 Sectional Analysis.PDF |
SJUD 2/12/2010 1:30:00 PM |
SB 252 |