Sponsor Statement for Sponsor Substitute for Senate Bill 284

"An Act relating to cruelty to animals"

SSSB 284 was introduced in response to concerns about the treatment of animals and the difficulty of prosecuting cases which involve animal cruelty.

There have been numerous incidents of animal cruelty and neglect in Alaska which have gone un-prosecuted because of the current statutory language. One district attorney testified that the language, which reads, "intentionally inflicts severe and prolonged physical pain or suffering on an animal", is "un-prosecutable". SSSB 284 gives the state a more workable statute. The following outlines the changes the bill would make.

Changes "intentionally" to "knowingly" which lowers the state of mind the state must prove in prosecuting an animal cruelty case. This would help in cases of starving animals. An owner’s actions may not have been "intentional", but a reasonable person would "know" that lack of food causes starvation.

Changes "recklessly" to "with criminal negligence" which lowers the criminal standard. Recklessness is indicated by an awareness and conscious disregard. Criminal negligence is indicated by a "failure to perceive a substantial and unjustifiable risk that the result will occur..." AS 11.81.900.

Does not affect existing statute which protects farmers, ranchers, hunters and trappers who are conducting accepted veterinary practices including castration, dehorning, branding, euthanizing, etc. AS 11.61.140

Does not affect the existing statute which designates cruelty to animals as a class A misdemeanor.

Supporters of this bill include: Alaska Animal Control Association (statewide), Alaska Society for the Prevention of Cruelty to Animals (Anchorage), Iditarod Race Winner Libby Riddles (Wasilla), Mush with Pride (statewide), Fairbanks Animal Control (Fairbanks), Kenai Animal Control (Kenai), Friends of Pets (Anchorage), and the Gastineau Humane Society (Juneau).