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 (February 14, 2008)
FOR MORE INFORMATION: Gene Baierschmidt (801) 261-2919 phone
SB 117 PASSES IN SENATE BY ONE VOTE ---
HUMANE SOCIETY WILL CONTINUE OPPOSITION
Today the Utah State Senate passed SB 117, the bill which the Humane Society of Utah has vigorously opposed since its inception, by a vote of 15 to 14. "It was a close vote, and we plan on stopping this bill when it goes to the House," says HSU Executive Director Gene Baierschmidt; He cited the following arguments against the bill:
Making the deliberate torture of a living being a third-degree felony only on the second offense within a five-year period offers the perpetrator of such crimes too wide a window. 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 witnesses and still only be charged with a misdemeanor as long as he did it exactly five years or less within the first offense. And once an individual has been exposed as an animal torturer, he’s going to be very crafty about not getting caught again right away. Making animal torture a felony on the first offense offers a greater prosecutorial tool when egregious acts of animal cruelty are committed. First-offense felony status is already in place in 29 states. Utah should follow this lead instead of always settling for the lowest rung on the ladder.
2. The maximum penalty POSSIBLE under a conviction is rarely what a lawbreaker receives, and even then the full sentence is rarely carried out. A classic example is the case of Marc Vincent, who in 2005 blinded Henry the dog in one eye and cooked him in a hot oven. He was convicted and sentenced to not one year, but only six months in the county jail — the longest sentence that has ever been imposed in Utah for an act of animal cruelty — and even then, he was released after serving only four months. He was also sentenced to two years’ probation, but was released from that restriction in only two months. In light of these circumstances, how can animal torture be taken seriously?
3. People can often COMMIT a crime many times before being caught and CHARGED for the offense. One of the senators in fact made the analogy of persons who have frequently driven while under the influence of alcohol, but have only been apprehended for DUI on a much later offense.
4. Sen. Christensen repeatedly referred to "children doing stupid things" in many cases of animal torture. If a child commits animal torture, he will be taken to Juvenile Court, and no judge in such a case is going to charge a child with a third-degree felony. That argument has no merit whatsoever.
The Humane Society’s version of this legislation would also require mandatory counseling and provide other protective measures to keep the convicted individual from torturing more animals or people.
The Humane Society is now urging the community to contact their Representatives and ask them to oppose the bill. "The fact that so many Senators opposed SB 117 shows that legislators are listening to their constituents," says Mr. Baierschmidt. "We’re hoping that in the House this trend will be even more obvious."
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