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Legislative Updates
State Issues - 2009
Many states have begun considering important animal welfare legislation that will protect animals in 2009 and beyond. Please continue to check our website for an updated status on these bills, as well as additional ones as they are introduced -- and watch for our Action Alerts, so you can make your voice heard in your state!
ARIZONA
Including Pets in Domestic-Violence Protective Orders (SB 1278)
Sponsor: Sen. Jonathan Paton Status: No Vote
Summary: Senate Bill 1278, which would have encouraged judges to include pets in domestic-violence protective orders, and thereby help protect countless domestic-violence survivors throughout the state, remained in the Senate Judiciary Committee without receiving a vote before the legislature adjourned on July 1. American Humane is hopeful that Sen. Paton will reintroduce this critical bill next year.
Animal Fighting (HB 2150)
Sponsor: Rep. Kyrsten Sinema Status: Adjourned; left pending in House Judiciary Committee
Summary: This bill would broaden the state’s dogfighting bill to all animals and would make theft of any animal for animal-fighting purposes a Class 6 felony, punishable by up to 18 months’ imprisonment.
Read the bill.
ARKANSAS
Felony Animal Cruelty (SB 77)
Sponsor: Sen. Sue Madison Status: Signed into law
Summary: This bill would make aggravated animal cruelty -- defined as the torture of any dog, cat or horse -- a felony punishable by up to six years in prison and up to 10 years in prison if the crime is committed again within five years. The bill also would provide an additional maximum five-year prison sentence if the aggravated cruelty is committed in front of a child, and requires all offenders convicted of aggravated animal cruelty to receive psychiatric or psychological evaluations as well as extensive follow-up treatment where necessary, and encourages citizens to report animal cruelty and veterinarians to participate in animal cruelty investigations by offering immunity if these activities are done in good faith. It also expands the state’s dog-fighting law to protect all animals.
Read the bill.
CALIFORNIA
Dogfighting Property Forfeiture (SB 318)
Sponsor: Sen. Ronald S. Calderon Status: Signed into law on October 11, 2009
Summary: This bill allows real and personal property acquired through dogfighting ventures to be forfeited to the state and/or to the local government agency where the dogfighting occurred. Proceeds from the sale of these items would then be used to fund local shelters that care for the animal victims of dogfighting, as well as law enforcement efforts to investigate and prosecute dogfighting.
Animal Abuse (AB 243)
Sponsor: Assemblymember Pedro Nava Status: Vetoed by governor on October 11, 2009
Summary: This bill would require courts to enter an order prohibiting convicted animal abusers from owning, possessing, maintaining, having custody of, residing with or caring for any animal for specified periods of time. The bill would further provide that any violation of an order shall be treated and punished as a criminal contempt of court or as a misdemeanor.
Read the bill.
Penalties for Dogfighting (AB 242)
Sponsor: Assemblymember Pedro Nava Status: Signed into law on October 11, 2009
Summary: This bill would make owning, possessing or training any dog with the intent to participate in dogfighting a felony punishable by a maximum four years of imprisonment and a maximum $50,000 fine. It would make being a spectator at a dogfight a felony punishable by up to three years in prison.
Read the bill.
COLORADO
Cat Identification (HB 1019)
Sponsor: Rep. Cherylin Peniston Status: No vote
Summary: This bill requires all cats over 4 months old in cities with populations over 100,000 to have identification. It also requires owners to comply with this requirement before impounded cats can be released.
Read the bill.
CONNECTICUT
Humane Sheltering of Dogs (HR 5469)
Sponsor: Rep. Auden Grogins Status: No vote
Summary: This bill would require the owner or keeper of a dog to provide it with shelter from direct sunlight, extreme cold and inclement weather and that such shelter provide the dog enough space to stand up, turn around and lie down and to allow the natural body heat of the dog to be retained.
Read the bill.
Foie Gras (HB 5799)
Sponsor: Rep. Diana S. Urban Status: No vote
Summary: This bill prohibits the force-feeding of birds in order to produce foie gras.
Read the bill.
Humane Education (HB 5712)
Sponsor: Rep. Maryanne Hornish Status: No vote
Summary: This bill encourages the inclusion of humane education in the continuing education requirements for teachers so that teachers may pass along such knowledge to their students in the classroom.
Read the bill.
Humane Education (HB 5737)
Sponsor: Rep. Maryanne Hornish Status: No vote
Summary: This bill allows animal welfare organizations to provide free classes about pet care and humane animal treatment at elementary and high schools.
Read the bill.
FLORIDA
Breed-Specific Legislation (HB 189/SB 922)
Sponsors: Rep. Perry Thurston/Sen. Anthony Hill Status: No vote in committee
Summary: These bills, which American Humane opposed, would have lifted the current ban on breed-specific legislation for local governments. Studies have shown that it is not certain breeds that are dangerous, but unfavorable situations that create dangerous dogs.
Dog and Cat Spay/Neuter (SB 992)
Sponsor: Sen. Nan H. Rich Status: No Vote in Senate Committee on Judiciary
Summary: This bill allows the release of a dog or cat from an animal shelter operated by an animal control agency, humane society or animal rescue group without compliance with the requirement for sterilization if a licensed veterinarian certifies that the dog or cat has a medical condition that would be substantially aggravated by the procedure.
Read the bill.
GEORGIA
Pets in Protective Orders
Sponsor: Rep. Sharon Cooper Status: No vote
Summary: House Bill 429 would have allowed judges to include companion animals in domestic-violence protective orders. Unfortunately, the bill did not get a House floor vote before the legislative session adjourned. American Humane is hopeful that Rep. Cooper will reintroduce this bill in 2010.
HAWAII
Pets in Protective Orders (HB 1512)
Sponsor: Rep. Jon R. Karamatsu Status: Signed into law on June 26, 2009
Summary: Earlier this year, we updated you on Senate Bill 1086, a bill introduced by Sen. Clayton Hee that would have allowed judges to include companion animals in domestic-violence protective orders. Although the bill passed the Senate, it unfortunately did not get a chance to pass the House Judiciary Committee by April 9, the date all bills were required to move out of committees. However, our goal was still achieved: House Bill 1512 -- an identical initiative introduced by Rep. Jon R. Karamatsu -- passed both House and Senate conference committees and was signed into law on June 26, 2009.
Pets in Protective Orders (SB 1086)
Sponsor: Sen. Clayton Hee Status: No vote
Summary: Senate Bill 1086 would have allowed judges to include companion animals in domestic-violence protective orders. Although the bill passed the Senate and the session is still ongoing until May 1, it unfortunately did not get a chance to pass the House Judiciary committee by April 9, the date all bills must move out of committees. American Humane hopes to once again work with the Hawaiian Humane Society and Sen. Hee, a strong animal welfare advocate, on reintroducing this bill in 2010.
Dogfighting (HB 730)
Sponsor: Rep. John Mizuno/Sen. Suzanne Chun Status: 2009 session has ended. This bill will carry over to the 2010 session where it will remain pending a Conference Committee hearing.
Summary: This bill enhances penalties for dogfighting, adds the language "causes, sponsors, arranges, holds, or encourages a fight" to the definition of the offense; and makes second offenses punishable by up to five years in prison.
Read the bill.
Animal Tethering (SB 488)
Sponsor: Sen. Colleen Hanabusa Status: No vote; did not meet April 9 deadline for Senate Judiciary Committee vote.
Summary: This bill prohibits tethering a companion animal (1) for longer than is necessary to complete a temporary task that requires the animal to be tethered or restrained; (2) for any amount of time in which actual harm occurs to the animal and the harm is caused by the tether, fastener, chain, tie or restraint; and (3) in a manner that endangers the animal's health, safety or well-being, or inflicts emotional suffering on the animal. More specifically, this includes using a restraint that could cause the animal to choke, that is less than four times the length of the animal, or is of inadequate length as to fail to provide the animal with access to shelter, food or water.
Read the bill.
ILLINOIS
Possession of Dogs by Felons (HB 934)
Sponsor: Rep. Mike Boland Status: Signed into law August 10, 2009
Summary: This bill would make the current law’s prohibition on the possession of an unsterilized or vicious dog by a person convicted of specified felonies also apply to a person convicted of felony dogfighting.
Read the bill.
Animal Euthanasia (SB 38)
Sponsor: Sen. Heather Steans Status: Signed into law on August 28, 2009
Summary: This bill mandates euthanasia by injection as the only form of euthanasia for companion animals and requires euthanasia technicians to be re-certified every five years. The bill also prohibits people who have been convicted or have pled guilty to animal abuse from being issued certificates to euthanize animals.
Read the bill.
INDIANA
Increased Penalties for Animal Fighting (SB 23)
Sponsor: Sen. Jim Arnold Status: No vote
Summary: Senate Bill 23 would have defined animal "baiting" and made it a Class C felony (punishable by up to eight years’ imprisonment and a maximum $10,000 fine) to breed, transfer, possess, use or promote an animal for fighting; possess animal fighting materials; attend an animal fight; and/or allow property to be used for fighting purposes. It would also have allowed courts to restrict ownership of animals by offenders and seize money and property used for the purposes of animal fighting and baiting. SB 23 did not receive a vote in the Senate Corrections, Criminal and Civil Matters Committee before the legislative session adjourned on April 29. American Humane hopes that Sen. Arnold will reintroduce the bill next year.
Penalties for Killing Domestic Animals (SB 222)
Sponsor: Sen. Jim Arnold Status: Enrolled into HB 1468
Summary: Senate Bill 222 ("Ben's Law"), would (1) make it a Class D felony (punishable by up to three years’ imprisonment and a maximum $10,000 fine) to kill a domestic animal (including a horse) if the animal is on the property of the animal’s owner or if the animal is on the property of a person who breeds, boards or trains domestic animals and (2) make it a Class C felony (punishable by up to eight years' imprisonment and a maximum $10,000 fine) for domestic animals killed as a result of domestic violence-related animal cruelty. SB 222 did not receive a vote in the House Judiciary Committee but part (1) was enrolled into House Bill 1468, which passed both the House and Senate and is now headed to the governor's desk for signature.
Strengthening the Definition of Animal Neglect (SB 238)
Sponsor: Sen. James Merritt Jr. Status: Enrolled into HB 1468
Summary: Senate Bill 238 strengthens the state's definition of "animal neglect" by including restraining an animal for more than a brief period with a rope, chain or tether that physically harms the animal. SB 238 did not receive a vote in conference committee but was enrolled into House Bill 1468, which passed the House and Senate and is now headed to the governor's desk for signature.
IOWA
Pets in Protective Orders (House File 32/Senate File 119)
Sponsor: Rep. Jim Lykam Status: No vote
Summary: House File 32/Senate File 119 would have allowed judges to include companion animals in domestic-violence protective orders. A protective order is a legal order issued by a court that requires one person to stop harming, stay away from and/or cease contact with another person or, in the case of House File 32/Senate File 119, that person's pets as well. Unfortunately, the bill did not get a hearing or a vote in the House Judiciary Committee before the legislative session adjourned. American Humane is hopeful that Rep. Lykam will reintroduce this bill in 2010.
KENTUCKY
Protecting Dogs From Neglect (HB 137)
Sponsor: Rep. Lynn Jenkins Status: No vote
Summary: House Bill 137 -- which would have established specific shelter and shade requirements for dogs, providing local animal control officers with parameters to enforce when responding to animal cruelty complaints -- did not receive a vote in the House Judiciary Committee before the legislative session adjourned. American Humane is hopeful that Rep. Jenkins will reintroduce the bill next year.
Custody and Care of Mistreated Animals (HB 428)
Sponsor: Rep. Susan Westrom Status: No vote
Summary: House Bill 428, which would require courts to order defendants to pay the costs incurred by animal shelters or animal control agencies in housing and caring for seized animals, did not receive a vote in the House Judiciary Committee before the legislative session adjourned. American Humane is hopeful that Rep. Westrom will reintroduce the bill next year.
Mandatory Spay/Neuter for Shelters and Rescues (HB 240)
Sponsor: Rep. Royce Adams Status: No vote
Summary: House Bill 240, which would require all “releasing agencies” -- defined as public and private animal shelters, humane societies, societies for the prevention of cruelty to animals and rescue groups -- to sterilize cats and dogs before releasing them to adopters, passed in the House with overwhelming support. Unfortunately, however, it did not receive a vote in the Senate Agriculture Committee before the legislative session adjourned. American Humane is hopeful that Rep. Adams will reintroduce the bill next year.
LOUISIANA
Psychological Counseling & Animal Cruelty (H.B. 90)
Sponsor: Rep. Anthony V. Ligi, Jr. Status: Signed into law
Summary: This bill increases penalties for second and subsequent acts of animal cruelty, allows the court to restrict future ownership of animals, and allows the court to order psychological evaluation and treatment of convicted offenders.
MAINE
Foie Gras (LD 9)
Sponsor: Rep. Alan Casavant Status: No vote
Summary: This bill prohibits the force-feeding of birds in order to produce foie gras.
Read the bill.
MASSACHUSETTS
Increased Penalties for Animal Abuse (HB 1268)
Sponsor: Rep. Bruce J. Ayers Status: In Joint Committee on Judiciary
Summary: This bill increases the penalty for willful or malicious killing, maiming, torturing, poisoning, disfiguring any animal from a maximum 2.5 year imprisonment and/or max. $2,500 fine to a max. 5 year and/or $5,000 fine.
Custody and Care of Mistreated Animals (HB 1969)
Sponsor: Rep. Linda Dean Campbell Status: In Joint Committee on Municipalities and Regional Government
Summary: This bill would allow animal control agencies to petition courts for defendants to post security bonds to pay for the reasonable costs shelters incur as they care for the seized animals (estimated at 30 days). If the court then orders the defendant to pay this bond, he/she must do so within 10 days, or else the animals can be forfeited to the shelters (after a hearing). If the defendant is acquitted of all charges, the court may direct a refund.
MISSISSIPPI
Felony Animal Cruelty (SB 2357 and SB 2154)
Sponsor: Sen. Billy Hewes and Sen. Bob Dearing Status: No vote
Summary: Senate Bills 2357 and 2154 would have made Mississippi the 47th state with a felony animal cruelty law. The bills would have made it a felony punishable by up to five years’ imprisonment and a $10,000 fine to torture, maliciously kill, starve or injure any dog or cat. The bills also would have allowed courts to require psychiatric or psychological evaluations of convicted animal abusers, and to restrict their rights to own or care for an animal. Although the bills specified dogs and cats, they were a huge step in the right direction. Unfortunately, both bills have died because they did not meet the Feb. 12 deadline necessary to report out of the Senate. American Humane remains hopeful that Sens. Hewes and Dearing will reintroduce these bills in 2010.
MISSOURI
Improved Dogfighting Law (SB 63)
Sponsor: Sen. Scott Rupp Status: No vote
Summary: Senate Bill 63 did not receive a Senate General Laws Committee or floor vote before the 2009 Missouri legislative session adjourned on May 15. The bill would have made being a spectator at a dogfighting event (second offense) a Class D felony, punishable by up to 10 years’ imprisonment. It also would have allowed for a hearing on fighting dogs’ dispositions within 30 days of when an officer requests it, to determine whether a dog could be eligible for adoption or humanely euthanized, if the animal is diseased or disabled beyond recovery.
NEBRASKA
Reporting Animal Maltreatment (LB 71)
Sponsor: Sen. Abbie Cornett Status: No vote
Summary: This bill requires veterinarians and veterinary technicians to report animal abandonment, cruel neglect and cruel mistreatment.
Read the bill.
Penalties for Animal Fighting Paraphernalia (LB 252)
Sponsor: Sen. Abbie Cornett Status: No vote
Summary: This bill makes possessing animal-fighting paraphernalia a Class IV felony punishable by up to five years in prison.
Read the bill.
NEVADA
Restrictions on Tethering (SB 132)
Sponsor: Senator Randolph J. Townsend Status: Signed into law on May 26, 2009
Summary: This bill prohibits tethering a dog with a restraint less than 12 feet long or for more than 14 hours a day; prohibits keeping a dog in an outdoor enclosure for more than 14 hours a day unless certain weight and size requirements are met; requires state emergency management plans to include provisions ensuring the evacuation of service animals with their owners.
Read the bill.
NEW JERSEY
Feral Cat Public Education (A 3573)
Sponsor: Assemblywoman Dawn Marie Addiego Status: In Assembly Agriculture and Natural Resources Committee
Summary: This bill creates a feral cat education program via the Office of Animal Welfare, Department of Health and Senior Services, and promotes trap, neuter and return of all feral cats.
Read the bill.
Dog Neglect (SB 2489)
Sponsor: Senator Shirley Turner Status: Pending in Senate Economic Growth Committee
Summary: This bill establishes cruel restraint of a dog as an animal cruelty offense punishable by up to six months in prison, up to $1,500 in fines, or both.
Read the bill.
NEW MEXICO
Allow Technicians to Administer Euthanasia Drugs (HB 593)
Sponsor: House Majority Leader Ken Martinez Status: Signed into law on April 6, 2009.
Summary: House Bill 593, which would grant shelter directors a Drug Enforcement Agency license (otherwise known as "direct licensing") that will allow trained shelter euthanasia technicians to obtain and administer drugs necessary for humane euthanasia by injection, passed the Senate floor on March 19 and is now awaiting Gov. Richardson's signature. The governor is a strong supporter of the bill, and we anticipate he will sign it soon. This groundbreaking bill sets a strong precedent for other states considering a shift toward humane euthanasia.
Including Pets in Domestic Violence Protective Orders (HB 434)
Sponsor: Rep. Rhonda S. King Status: Did not pass
Summary: House Bill 434, which would have encouraged judges to include pets in domestic violence protective orders, and thereby help protect countless domestic violence survivors throughout the state, failed to pass the Senate before the legislature adjourned on March 21. American Humane is hopeful that Rep. King will reintroduce this critical bill next year.
Leaving Animals Unattended and Confined in a Vehicle (HB 159)
Sponsor: Rep. Al Park Status: Did not pass
Summary: House Bill 159, which would have greatly improved New Mexico's animal cruelty law, failed to receive a hearing in the Senate Judiciary Committee before the session adjourned on March 21. A key initiative of the Attorney General's Animal Cruelty Task Force and Animal Protection Voters, this bill would have made leaving an animal unattended and confined inside a car a form of animal cruelty when physical injury or death to the animal is likely, and would have made the offense a fourth-degree felony (punishable by up to 18 months' imprisonment and a maximum $5,000 fine) if the animal is permanently injured or dies. American Humane is hopeful that Rep. Park will reintroduce this critical bill next year.
Intentionally Starving or Dehydrating Animals to Death (HB 82/SB 313)
Sponsor: Rep. Patricia A. Lundstrom and Sen. Tim Eichenberg Status: Did not pass
Summary: House Bill 82, which would have made intentionally starving or dehydrating an animal to death a form of extreme cruelty that is a fourth-degree felony, punishable by up to 18 months’ imprisonment and a maximum fine of $5,000, failed to receive a House Judiciary Committee hearing before the session adjourned on March 21. American Humane is hopeful that Rep. Lundstrom and Sen. Eichenberg will reintroduce this critical bill next year.
Eliminate Gas Chambers for Cats and Dogs (HB 265)
Sponsor: House Majority Leader Ken Martinez Status: Signed into law on April 6, 2009.
Summary: House Bill 265, which would ban using the gas chamber to euthanize cats and dogs in animal shelters and require euthanasia by injection instead, passed the Senate floor on March 17 and is now awaiting Gov. Richardson's signature. The governor is a strong supporter of the bill, and we anticipate he will sign it soon. This groundbreaking bill sets a strong precedent for other states considering gas chamber bans.
Custody and Care of Mistreated Animals (SB 127)
Sponsor: Sen. Peter Wirth Status: Signed into law on March 31, 2009.
Summary: Senate Bill 127, the Animal Indemnity Bill, passed the House on March 16 in a floor vote of 59 to 4, and the Senate concurred. Sponsored by Sen. Wirth and spearheaded by the Attorney General’s Animal Cruelty Task Force and Animal Protection Voters of New Mexico, the bill will allow law enforcement or animal control agencies to file a court petition requesting that defendants charged in cruelty cases post security deposits to pay for the care of seized animals. Failure to post the deposit within 15 days of the court’s order would deem the seized animals abandoned and relinquished to the animal shelter for adoption or, if necessary, humane euthanasia. SB 127 was signed into law on April 1, 2009.
NEW YORK
Euthanasia by Injection (S 4962-B)
Sponsor: Assemblywoman Amy R. Paulin/Senator Suzi Oppenheimer Status: Signed into law on October 9, 2009
Summary: This bill requires euthanasia by injection as the sole means of euthanasia for shelter animals and provides that gas chambers shall be dismantled, rendered inoperable and beyond repair, and removed from the premises.
Read the bill.
Felony Cruelty to Wildlife (A. 6077/S. 5144)
Sponsor: Assembly-member Linda B. Rosenthal and Senator Carl Kruger Status: 2009 session has ended. This bill will carry over to the 2010 session where it will remain pending in the Assembly Agriculture and Senate Committees.
Read the bill.
Animal Wrestling and Baiting (A 2163)
Sponsor: Assemblyman John J. McEneny Status: 2009 session has ended. This bill will carry over to the 2010 session where it will remain pending a Assembly Codes hearing.
Summary: This bill adds to the state's animal fighting law by prohibiting animal wrestling and baiting.
Read the bill.
Animal Abandonment (A 2164)
Sponsor: Assemblyman John J. McEneny Status: 2009 session has ended. This bill will carry over to the 2010 session where it will remain pending an Assembly Agriculture Committee hearing.
Summary: This bill defines and penalizes animal abandonment as a misdemeanor.
Read the bill.
Increasing Penalties for Animal Cruelty (AB 239)
Sponsor: Assemblyman William B. Magnarelli Status: 2009 session has ended. This bill will carry over to the 2010 session where it will remain pending an Assembly Agriculture Committee hearing.
Summary: This bill makes intentionally reckless or intentionally negligent animal cruelty (currently a misdemeanor) a Class E felony with a maximum four-year term of imprisonment, and aggravated animal cruelty (currently a felony with a maximum two-year imprisonment term) a Class D felony with a maximum five-year term of imprisonment.
Read the bill.
Increasing Penalties for Multiple Convictions of Torture, Killing or Neglect (AB 998)
Sponsor: Assemblywoman Amy Paulin Status: 2009 session has ended. This bill will carry over to the 2010 session where it will remain pending a Assembly Codes hearing.
Summary: This bill would increase the penalty for multiple convictions of torturing, killing or failing to provide sustenance to an animal to a Class E felony (punishable by up to four years in prison), if convicted within five years from the date of a prior conviction.
Read the bill.
Animal Hoarding (AB 592)
Sponsor: Assemblyman Kevin Cahill Status: 2009 session has ended. This bill will carry over to the 2010 session where it will remain pending an Assembly Agriculture Committee hearing.
Summary: This bill defines “companion animal hoarding” and requires courts to order convicted animal hoarders to undergo mental health evaluations and, if deemed necessary, complete a course of treatment, therapy and/or counseling.
Read the bill.
NORTH CAROLINA
Animal Euthanasia/Allow Technicians to Obtain and Administer Euthanasia Drugs (HB 424 and SB 473)
Sponsor: Rep. Cary Allred and Sen. David F. Weinstein Status: No vote; did not meet May 14 crossover deadline
Summary: House Bill 424 and its Senate companion bill, SB 473 (sponsored by Sen. Weinstein), would allow trained animal shelter technicians to directly obtain and administer drugs necessary for humane euthanasia by injection. Without such a law, known as “direct licensing,” it is more difficult for shelters to perform euthanasia by injection as soon as it is necessary to alleviate the pain and suffering of a shelter animal. Unfortunately, the bills did not receive a House or Senate vote prior to the May 14 crossover deadline. We are hopeful this critical initiative will be reintroduced next session.
Animal Euthanasia/“Davie’s Law” (HB 6 and SB 199)
Sponsor: Rep. Cary Allred and Sen. David Hoyle Status: No vote; did not meet May 14 crossover deadline
Summary: Davie’s Law was spearheaded by American Humane and the North Carolina Coalition for Humane Euthanasia. It would have ensured that when the state’s unwanted, sick or unadoptable cats and dogs have to be euthanized, the procedure would be done only by injection of sodium pentobarbital. Unfortunately, Davie’s Law did not receive a House or Senate committee vote prior to the May 14 crossover deadline. We are hopeful that this issue will receive even more attention by the legislature next session.
Pets in Protective Orders (SB 1062)
Sponsor: Senator Julia Boseman Status: Signed into law on August 6, 2009
Summary: Senate Bill 1062 will allow judges to include in domestic-violence protective orders any animal owned, possessed, leased, held or kept by a domestic abuse petitioner, respondent or the minor child residing with either party.
OHIO
Felony Neglect for Companion Animals (HB 70)
Sponsor: Rep. Ronald v. Gerberry Status: Pending in House Criminal Justice Committee
Summary: This bill would make it a fifth degree felony (punishable up to one year in prison and a $2,500 fine) for any person, including a kennel owner or otherwise a custodian or caretaker) to negligently torture, abandon, poison, kill, and/or deprive the animal of necessary sustenance or access to shelter from the elements.
Read the bill.
OREGON
Animal Abuse and Ownership of Animals (SB 297)
Sponsor: No sponsor assigned Status: No vote
Summary: This bill prohibits ownership of animals for five years after being convicted of animal abuse, including sexual abuse of animals.
Read the bill.
Placement of Abused Animals (SB 298)
Sponsor: No sponsor assigned Status: Signed into law
Summary: This bill prohibits the court and/or animal shelters from placing an animal forfeited by its owner due to animal abuse charges in the same household as the person who forfeited it.
Read the bill.
Taking Animals from Convicted Abusers (SB 299)
Sponsor: No sponsor assigned Status: Signed into law
Summary: This bill authorizes the court to remove animals from the residence of a person who has been convicted of animal abuse at a maximum of five years prior.
Read the bill.
Increasing Penalties for Animal Fighting (SB 280)
Sponsor: Sen. Peter Courtney Status: On governor’s desk for signature
Summary: This bill increases the maximum penalty for participating in animal fighting to five years’ imprisonment, a $125,000 fine, or both.
Read the bill.
Breed-Specific Legislation (HB 2852)
Sponsor: Rep. Vicki Berger Status: No vote in House Committee on Consumer Protection
Summary: This bill, which American Humane opposed, would have required pit bull owners to carry a $1 million liability insurance policy. Studies have shown that it is not certain breeds that are dangerous, but unfavorable situations that create dangerous dogs.
PENNSYLVANIA
Protections for service/guide/assistance dogs (HB 123)
Sponsor: Rep. John Evans Status: Pending in House Judiciary Committee
Summary: This bill provides penalties for dog attacks and/or harassment to service/guide/assistance dogs.
Read the bill.
Dog Tethering (HB 1254)
Sponsor: Rep. Mario Scavello Status: Pending in House Judiciary Committee
Summary: This bill would limit the amount of time dogs may be tethered in a 24-hour period (effectively prohibiting tethering between 10 p.m. and 6 a.m.). The bill also would require that a tethered dog have access to shade, food, shelter and water; prohibit tethering outside during periods of extreme weather or when a weather advisory has been issued; prohibit tethering a dog with a choke, chain, pinch or prong collar; and require any chain used to tether a dog to be a specified minimum length. The bill would allow dogs to be temporarily tethered for a maximum of 15 minutes, as long as the dog is not in danger and does not put the public in danger. It also would allow dog tethering pursuant to organized dog shows, sled racing, licensed dog-training activities, livestock herding, agriculture cultivation and camping/recreational area activity requirements.
RHODE ISLAND
Definitions of Tethering and Neglect (S. 23)
Sponsor: Senator John Tassoni Status: Pending in House Judiciary (this bill carries over into the 2010 session)
Read the bill.
SOUTH CAROLINA
Pets in Protective Orders (HB 3117)
Sponsor: Rep. Gilda Cobb-Hunter Status: 2009 session has ended. This bill will carry over to the 2010 session where it will remain pending a House Judiciary Committee hearing.
Summary: This bill allows courts to include pets in orders of protection from domestic abuse.
Read the bill.
SOUTH DAKOTA
Felony Animal Cruelty (HB 1146)
Sponsor: Rep. Joni Cutler Status: No vote
Summary: House Bill 1146 would have made South Dakota the 47th state with a felony animal cruelty law by making intentional animal torture a Class 6 felony punishable by up to two years’ imprisonment and/or a $4,000 fine. Doing so would have ensured that animal torture would be more properly investigated, prosecuted and treated as a crime with serious consequences. Unfortunately, the House Judiciary Committee voted unanimously to not pass the bill this year. American Humane remains hopeful that Rep. Cutler will reintroduce the bill in 2010.
TEXAS
Pets in Protective Orders (HB 853)
Sponsor: Reps. Jodie Laubenberg, Ciro D. Rodriguez and Roland Gutierrez Status: No vote; held up in conference committee
Summary: The Texas legislative session ended on June 1, 2009. House Bill 853 would have allowed judges to include companion animals in domestic-violence protective orders. Although the bill passed unanimously in the House, it was held up in the Senate due to proposed amendments. The Texas Federation of Animal Care Societies is committed to getting the bill reintroduced in the next session in 2011, and American Humane will continue to advocate for its passage.
Penalties for Cockfighting (HB 1320)
Sponsor: Rep. Wayne Christian Status: No Vote
Summary: This bill would have made it illegal to own or operate a facility for cockfighting; own cock fighting equipment; train a cock to fight; or attend a cockfight.
Read the bill.
Mandatory Spay/Neuter for Shelters and Rescues (HB 4277/SB 1845)
Sponsor: Rep. Jose Menendez and Sen. Leticia Van de Putte Status: No vote; both House and Senate bills were left in respective State Affairs Committees
Summary: The Texas legislative session ended on June 1, 2009. House Bill 4277 and Senate Bill 1845 would have required state-licensed animal shelters in Texas to spay or neuter all animals before releasing them for adoption. The bill exempted animals under 6 months old, animals that licensed veterinarians deem too unhealthy to undergo sterilization procedures, service animals and owned purebred show animals. Unfortunately, these bills were left in their respective State Affairs Committees without a vote. American Humane will continue to pursue this issue.
Dogfighting (SB 554)
Sponsor: Sen. Jon Whitmore Status: Passed Committee; now pending vote by full Senate
Summary: This bill penalizes owning or possessing dogfighting equipment.
Read the bill.
TENNESSEE
Spectators of Animal Fights (HB 627/SB 537)
Sponsor: Rep. Debra Maggart/Sen. Bill Ketron Status: SB 537 passed the Senate; both bills left in the House without a vote
Summary: Both bills (HB 627/SB 537) would have increased the penalty for dogfighting spectators from a Class B misdemeanor to a Class A misdemeanor (maximum 11 months, 29 days in jail and/or a maximum $2,500 fine). The bills would have also increased the penalty for spectators of any other animal fight from a Class C misdemeanor to a Class A misdemeanor. Although SB 537 passed the Senate, unfortunately, both bills were left in the House without a vote prior to the June 18 legislative session’s adjournment. American Humane is hopeful that Rep. Maggart and Sen. Ketron will reintroduce these important bills next year.
WASHINGTON
Prohibiting Convicted Animal Abusers From Owning or Caring for Animals (SB 5790)
Sponsor: Sen. Mike Carrell Status: Enrolled into Substitute Senate Bill 5402
Summary: The Washington legislative session adjourned on April 26 and Senate Bill 5790 was amended and enrolled into Substitute Senate Bill 5402. SB 5790 would have prohibited individuals convicted of first-degree animal cruelty from owning or caring for any animals similar to the one(s) he or she abused, for five years. Individuals convicted of second-degree animal cruelty would be prohibited from owning or caring for similar animals for two years, and repeat offenders would be permanently barred from owning or caring for any similar animals. The substitute bill, SB 5790, prohibits individuals convicted of second-degree animal cruelty from owning or caring for any animals similar to the one(s) he or she abused, for two years, and permanently bars individuals convicted of first-degree animal cruelty from owning or caring for similar animals. People with no more than two convictions of second-degree animal cruelty are allowed, after five years, to ask the court for reinstatement of these rights. SB 5402 is on the governor’s desk, awaiting signature.
Including Pets in Protective Orders (HB 1148)
Sponsor: Rep. Brendan Williams Status: Signed into law on May 11, 2009
Summary: House Bill 1148 will allow judges to include in domestic-violence protective orders any animal owned, possessed, leased, held or kept by a domestic abuse petitioner, respondent or the minor child residing with either party.
Read the bill.
WYOMING
Pets in Protective Orders
Sponsor: Rep. Seth Carson Status: No vote
Summary: House Bill 206 would have allowed judges to include companion animals in domestic-violence protective orders. Unfortunately, the bill did not get a House floor vote before the legislative session adjourned. American Humane is hopeful that Rep. Carson will reintroduce this bill in 2010.
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