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Combatting ANIMAL abuse and neglect: 2019 legislative update

Stay up to date on the latest legislative efforts to combat animal abuse and neglect. Learn about Senate Bill 474, which aims to prohibit convicted offenders from owning or harboring a companion animal. Also, discover House Bill 1615, which seeks to increase penalties for animal offenses and redefine certain actions as criminal.

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Combatting ANIMAL abuse and neglect: 2019 legislative update

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  1. Combatting ANIMAL abuse and neglect: 2019 legislative update Patrick K Harrington Tippecanoe County Prosecutor

  2. 2019 legislative goals

  3. SB 474 –”As a condition of probation or parole after conviction for an animal abuse offense, the court SHALL prohibit the convicted person from owning, harboring, or training a companion animal” Senate bill 474Author Sen. Ron Alting Lafayette

  4. Companion animal defined as “cat or dog” that is not a service animal SB 474

  5. Senate Committee Hearing-multiple persons testified in support • Passed Senate 49-0 • 3/28/19- House Committee Hearing-voted unanimously as a “do pass” • 4/02/19 –Passed House 90-0 • Next step, Governor signs into law Sb 474

  6. Tippecanoe County testified in the last 13 convicted animal abuse offenders, only 8 of said cases did the court as a condition of probation prohibit the offender from owning, harboring, or training a companion animal. • No order entered in 5 cases • Prosecutor’s office requested this in all 13 cases Sb 474

  7. The five cases included the following: • Offender severely burned a dog with a hair dryer • Offender shot neighbor’s dog with a rifle • Offender convicted of bestiality involving two dogs • Offender shot and killed neighbors cat • Offender killed his ex-girlfriend’s two cats –left a note-”you loved them more than me” Sb 474

  8. HB 1615-Animal Abuse • Bill in original form increased criminal penalties, defined humane euthanasia, and redefined certain actions as criminal • Passed House 81-13 • Multiple organizations and individuals testified in support House bill 1615 sponsor representative ryanhatfield, Indianapolis

  9. Rough start in Senate • Removed all criminal penalty increases • Added the following in Criminal Code Domestic or Family Violence section: • Improved definition of abuse to “knowingly or intentionally beat, torment, injure, or otherwise harm an animal” • This definition should help in criminal prosecution HB 1615

  10. Amends definitions in criminal code • Amends torture definition to include destroying an animal by electrocution, (does not apply to farm management practices, laboratories or licensed research facility, or university) • or intentionally freezing or heat an animal to death Hb 1615

  11. If passes Senate, then to a joint conference committee as the Senate removed the penalty language from the House bill • The author, Rep. Hatfield, can accept the Senate language, or ask for different language (we have asked him to insert language for an increased penalty for multiple animal cases) • or refuse to accept the Senate language and his bill “dies” HB 1615

  12. Update Senator Glick added language making it a Class A misdemeanor for a “person to knowingly or intentionally destroy an animal using carbon monoxide, carbon dioxide, or any nonanesthetic inhalant at: • A humane society • An animal control agency or • A governmental entity operating an animal shelter or other animal impounding facility HB 1615

  13. Increase penalty for animal offenses involving multiple animals • Consecutive sentences for multiple animals 2020 goals

  14. What legislative ideas or concerns to you have? QuestionsIdeas

  15. Patrick Harrington • Tippecanoe County Prosecutor • pharrington@tippecanoe.in.gov Contact information

  16. BAILEY AND TUCKER

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