Animal cruelty bill draws mixed reviews
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By Jeff DeMoss
Standard-Examiner Staff
SALT LAKE CITY -- A Senate committee gave its stamp of approval Friday morning to an animal cruelty proposal that seeks to strike a balance between animal rights advocates and livestock owners.
Under existing Utah law, animal neglect, abuse or torture cannot rise above a class A misdemeanor, punishable by up to a year in jail and $2,500 fine, regardless of how many offenses a person commits.
Senate Bill 117, sponsored by Sen. Allen Christensen, R-North Ogden, creates a third-degree felony on the second offense if committed within five years of a conviction on a first offense.
A felony conviction could result in up to five years in jail and a $5,000 fine.
"Utah will now have a felony provision, like almost half of all states," Christensen said. "I feel this meets a compromise objective without going too far in either direction."
Opponents of the bill say animal cruelty should be a felony on the first offense.
"This is an appalling piece of legislation that will set Utah's animal cruelty code back 50 years," said Gene Baierschmidt, director of the Humane Society of Utah. "Having a law you can't enforce the first time is kind of making a mockery of what we're trying to accomplish here."
The Humane Society and similar advocacy groups are throwing their support behind Senate Bill 102, sponsored by Sen. Gene Davis, D-Salt Lake City, which does provide for a first-offense felony.
SB 102 was dubbed "Henry's Law" last year in recognition of an abused dog named Henry who has become the face of activist efforts.
"We think a second offense provision is moot and unenforceable," said Anne Davis, executive director of the Animal Advocacy Alliance of Utah. "There is such a strong correlation between domestic and child abuse and animal cruelty. It's the first step in moving aggression and violence up to human beings."
Todd Bingham, vice president of public policy for the Utah Farm Bureau Federation, said Christensen's bill addresses the concerns of both pet owners and livestock owners.
"Our intent is only to seek a solution for domesticated pets while providing adequate protection for agriculture," Bingham said. "Our members don't appreciate the elevation of animals to the status of a human being."
Christensen said animal rights groups have used existing animal cruelty laws to harass livestock owners who are conducting perfectly legal and ethical operations, because the activists usually aren't familiar with common animal husbandry practices.
A second-offense felony will target those who repeatedly and purposely torture animals, he said.
"The second-offense provision ensures that only the most heinous offenders will fall under this," he said. "The animals are the ranchers' livelihood. Why would they neglect or harm them on purpose?"
The Senate Judiciary, Law Enforcement and Criminal Justice Committee amended Christensen's bill Friday to maintain provisions in existing law that hold livestock owners liable for abuse and neglect of their farm animals.
In its original form, SB 117 would have exempted livestock owners from those provisions.
"I cannot feel comfortable in exempting livestock producers from protections that are in the present statute," said Senate President John Valentine, R-Orem. "My support of this bill is conditional upon this amendment."
Christensen said the amendment tips the balance against livestock and dairy producers, and promised to keep a close eye on it.
"I feel this pushes the whole thing in one direction," he said. "If harassment of those using viable procedures continues, I will be back to write livestock completely out of the equation."
SB 102 was scheduled for a hearing directly followingSB 117, but the committee ran out of time because of the lengthy debate on SB 117.
SB 102 will be scheduled for an upcoming committee hearing. SB 117 passed the committee on a 4-2 vote and will be debated on the Senate floor.
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Protecting animals isn't "elevating them to the status of human beings", it's called compassion and recognizing that animals can and do suffer, when we decided to domesticate animals it became our responsiblity to protect them. Allen Christensen wants to make it legal to let animals, including cats and dogs, starve and freeze to death and without the proposed ammendment by Senate President John Valentine, Christensen would have made it legal to drag a farm animal behind a truck for the mere sake of amusement. All the pretty words of protecting the agriculture business doesn't change the fact that SB 117 endorses animal cruelty.