THE HUMANE SOCIETY OF UTAH
4242 SOUTH 300 WEST
SALT LAKE CITY, UT 84107-1415
(801) 261-2919 phone • (801) 261-9577 fax
www.utahhumane.org
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PRESS RELEASE
RELEASE DATE: Immediately (January 31, 2008)
FOR MORE INFORMATION: Gene Baierschmidt (801) 261-2919 - phone
TWO ANIMAL BILLS BEFORE SENATE COMMITTEE ---
HUMANE SOCIETY STRONGLY OPPOSES ALLEN CHRISTENSEN’S SB 117
Two bills regarding the penalties for deliberately torturing animals are now before the Utah State Legislature, and the Humane Society of Utah is urging the public to look closely at, and understand, exactly what both of them would do if passed. Says HSU Executive Director Gene Baierschmidt, "We strongly SUPPORT SB 102, sponsored by Sen. Gene Davis (D-Salt Lake), which would make the intentional torture of an animal a third-degree felony on the first offense and leave the present animal cruelty code in place. At the same time, we believe that it is absolutely imperative that SB 117, sponsored by Sen. Allen Christensen (R-Ogden), would be a disastrous setback for animal legislation throughout Utah and must be blocked."
The Society is asking members of the community to contact their legislators and urge support of SB 102 while asking them to oppose SB 117. The Humane Society provides the following arguments for its stand:
Why SB 117 Should be Blocked
First, under Sen. Christensen’s bill, a person would have to be commit animal torture twice within a five-year period before he could be charged with a felony-level offense.
Under this scenario, a person who had previously been convicted of animal torture could set a dog on fire in front of a group of people and still only be charged with a misdemeanor as long as he did it within five years of the first offense.
Once an individual has been exposed as an animal torturer, he is going to be very crafty about not being caught again. Does anyone seriously believe that when Michael Vick gets out of prison he will ever fight dogs again?
Sen. Christensen’s bill seriously weakens the EXISTING animal cruelty code. For example, it semantically reduces the seriousness of the failure to provide necessary food, water, and shelter for non-excluded animals (dogs and cats and other household pets) from "animal cruelty" to "animal neglect." This obviously could trivialize such crimes in the eyes of a judge or jury.
It would allow someone to kill a dog "to protect their property" if it wandered onto their lawn. In other words, if a dog were to dig up someone’s flower bed, the dog could be legally shot.
Also, if this bill were passed recent prosecutions — such as the ones dealing with the dragging of a bull behind a truck or the football coach who stomped a pheasant that was released onto a playing field — could not be prosecuted.
It also adds numerous new exclusions to prosecution for abuses involving livestock, poultry, and rodeo animals, which currently have some protection under the existing laws.
Why Utah Needs SB 102
SB 102, sponsored by Sen. Gene Davis, has the full support of not only the Humane Society of Utah, but numerous other groups, including coalitions to prevent domestic violence and child and elder abuse. These groups believe it to be a valid and worthwhile proposal for the following reasons:
SB 102 makes the intentional torture of an animal a third-degree felony on the first offense and leaves the current animal cruelty code in place.
The overwhelming majority of the 43 states that already have felony penalties in place for animal torture make them applicable on the first offense. Utah should follow this lead, instead of always gravitating toward the lowest common denominator in any issue.
We need a law with some teeth in it. A law that can’t be enforced the first time it’s broken is no law at all.
Prosecutors will have the OPTION of seeking a felony charge on the first offense, depending upon the egregiousness of the crime.
Felony-level animal torture laws have passed in 43 other states and have not affected ANYONE’S lifestyle in terms of earning a livelihood if they are involved in ranching, farming, or any other agribusiness venture.
EVEN PEOPLE WHO DON’T CARE ABOUT ANIMALS SHOULD CARE ABOUT GETTING SB 102 PASSED.
71% of pet owners entering domestic violence shelters report that their batterers had threatened, injured, or killed family pets.
Studies show that when a batterer abuses pets as well as human members of the family, the animal abuse is witnessed by children in 76% of those cases.
85% of domestic violence shelters report that they commonly encounter women who also report that pet abuse has taken place in the household.
Investigation of animal abuse is often the FIRST point of investigation made by social services in intervention for a family experiencing domestic violence.
SB 102 ought to be passed. SB 117 must not be allowed to pass.
The Humane Society is asking members of the community — 74% of whom favor stronger animal-protection laws — to attend next week’s Senate Judiciary, Law Enforcement, and Criminal Justice meeting, at which both bills will be heard, to show their support for SB 102 and ensure that SB 117 does not become law, an action that would set Utah’s codes back 50 years.
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