HB 6-CRUELTY TO ANIMALS  SB 214-CRUELTY TO ANIMALS  2:02:46 PM CHAIR FRENCH announced the consideration of HB 6 and SB 214. He relayed that the prime sponsors have been in discussion and have agreed on a Senate committee substitute for HB 6. 2:03:40 PM SENATOR MCGUIRE joined the committee. SENATOR WIELECHOWSKI moved to adopt work draft Senate CS for CS for HB 6, labeled 26-LS0022\S, as the working document. SENATOR COGHILL objected for an explanation. SHELLY MORGAN, staff to Senator Wielechowski, explained that the Senate CS amends HB 6 to also include the language from SB 214. Both bills contain language pertaining to acts of animal cruelty and both propose to amend the same statute. The combined bills would strengthen the punishment for animal cruelty while ensuring that violent acts of bestiality are punishable by law. MS. MORGAN noted there is an amendment for the committee to consider, which would make violent crimes against both people and animals aggravating factors at sentencing. This will provide an additional tool to make it more difficult for repeat offenders of violent crimes to plea down their punishment. CHAIR FRENCH asked Mr. Sica if he agrees with the representations Ms. Morgan made with respect to the conjoining of the bills. MICHAEL SICA, staff to Representative Bob Lynn, sponsor of HB 6, said Representative Lynn supports this. 2:06:03 PM SENATOR COGHILL asked for a more extensive explanation of the new language and statutory references in Section 3, AS 11.61.140(g). MS. MORGAN explained that with the exception of paragraphs 6 and 7 they come from SB 214, which creates an animal cruelty provision for knowingly inflicting severe and prolonged pain or suffering on an animal and for killing or injuring an animal by use of a decompression chamber or poison. In comparison, the penalty for the serious injury of a person is typically a class A or class B felony. The penalty for poisoning a person to death 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 and knowingly killing or injuring an animal with the intent to intimidate, threaten, or terrorize another person. These penalties have been merged into HB 6 with the added provision creating a class A misdemeanor for the first offense and a class C felony for the second offense within ten years for knowingly engaging in sexual conduct with an animal. In comparison, negligent child endangerment would be a class C felony, stalking is a class A misdemeanor on the first offense and a class C felony on the second offense. There are varying arrays of sexual abuse of a minor. Sexual abuse of a minor in the fourth degree is a class A misdemeanor, in the third degree it's a class C felony, and if you go up to a first degree offense it would be an unclassified felony. In nearly all of these provisions, the penalties for crimes inflicted on humans are much greater than the penalties for crimes inflicted on animals, she said. However, the penalties for stalking are the same as that for knowingly killing or injuring an animal with the intent to intimidate, threaten or terrorize another person because this provision of animal cruelty is essentially one component of stalking or terrorizing another person. 2:09:19 PM CHAIR FRENCH clarified that Section 1, pertaining to AS 11.61.140(a), has the different forms of animal cruelty in subsections (a)(1), (a)(3), and (a)(4). They are automatically a class C felony on the first offense. Subsections (a)(2), (a)(5), (a)(6), and (a)(7) list crimes that are an A misdemeanor unless a person has been convicted once before ten years previously. SENATOR COGHILL said he assumes that a fourth degree assault would be a misdemeanor. CHAIR FRENCH explained that a fourth degree assault is to recklessly cause physical injury. The misdemeanor assault statute defines physical injury as pain so it's a misdemeanor to causes any kind of pain recklessly. SENATOR COGHILL said he's just trying to get his feet on the ground on equivalency. MR. SICA said the animal cruelty statute doesn't talk about any amount of pain; it talks about prolonged pain. A similar offense against a human would bring a much greater penalty. CHAIR FRENCH agreed; subsection (a)(1) looks like the only analog and would probably be in the higher felony range, he said. He asked Senator Coghill if he maintained his objection to the adoption of the CS. SENATOR COGHILL said no, but he's concerned that someone could be charged with felonious behavior on an animal while the same behavior on a human might be pled out. 2:12:57 PM SENATOR WIELECHOWSKI said the penalty for knowingly inflicting severe and prolonged physical pain or suffering on an animal would be the lowest felony possible, whereas it would be at least a class A felony to do the same thing to a human. It would be a class C felony to kill or injure an animal by use of a decompression chamber, whereas it would be an unclassified felony to do that to a human. It would be a class C felony to intentionally kill or injure livestock using poison, whereas it would be an unclassified felony to do the same to a human. SENATOR COGHILL asked the significance of the decompression chamber. SENATOR WIELECHOWSKI replied it is language that's been in the statutes for a long time and it's a particularly heinous way to kill an animal. AS 11.61.140(a)(4), which relates to intentionally killing an animal by poison, is similarly old statutory language. SENATOR COGHILL removed his objection. CHAIR FRENCH announced that without objection version S Senate CS for HB 6 is before the committee. 2:14:46 PM SENATOR WIELECHOWSKI moved Amendment 1, labeled 26-LS0022\S.1. He explained that this is an amendment that was adopted in the House Judiciary Committee. Including it in the conjoined bills maintains parity. A M E N D M E N T 1 OFFERED IN THE SENATE TO: SCS CSHB 6( ), Draft Version "S" Page 1, line 1, following "animals": Insert "; and relating to aggravating factors at  sentencing involving assaultive behavior and cruelty  to animals;" Page 3, following line 16: Insert a new bill section to read:  "* Sec. 5. AS 12.55.155(c)(8) is amended to read: (8) the defendant's prior criminal history includes conduct involving aggravated assaultive behavior, [OR] repeated instances of assaultive behavior, repeated  instances of cruelty to animals proscribed under  AS 11.61.140(a)(1) and (3) - (5), or a combination of  assaultive behavior and cruelty to animals proscribed  under AS 11.61.140(a)(1) and (3) - (5); in this paragraph, "aggravated assaultive behavior" means assault that is a felony under AS 11.41, or a similar provision in another jurisdiction; Renumber the following bill section accordingly. Page 3, line 20, following the first occurrence of "Act": Insert ", and to aggravating factors at sentencing under AS 12.55.155(c)(8) made by sec. 5 of this Act" CHAIR FRENCH said the amendment is appropriate; inflicting pain and suffering on animals is a highly accurate predictor of people who will be assaultive toward humans. 2:15:43 PM REPRESENTATIVE BOB LYNN, sponsor of HB 6, opined that the bills were good individually and he wholeheartedly supports putting them together. It's a good example of the House and Senate working together to craft good legislation that protects both animals and humans. CHAIR FRENCH thanked Representative Lynn for generously opening his bill to amendments. REPRESENTATIVE LYNN replied his main concern is to protect the community; animal cruelty is a stair step to crimes against humans. SENATOR WIELECHOWSKI said he'd like to associate himself with Senator French's comments. He is most appreciative. SENATOR COGHILL said he agrees that cruelty to animals and the way people sometimes treat one another is egregious. However, this could be misused, he said. For example, we ask soldiers to do things that look cruel and unusual, but there is a purpose. Likewise, we train animals to do specific and noble things that may cause prolonged pain. I would hate for that to be called into question, he cautioned. 2:18:52 PM SENATOR WIELECHOWSKI moved to report CS for HB 6, as amended, from committee with individual recommendations and attached fiscal note(s). At ease 2:19:31 PM CHAIR FRENCH reconvened the meeting and noted that a Senate Concurrent Resolution for a title change will move with the bill. There being no objection, SCS CSHB 6(JUD) moved from the Senate Judiciary Standing Committee.