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Minutes for HB2364 - Committee on Judiciary
Short Title
Defining torturing for the purposes of the crime of cruelty to animals.
Minutes Content for Thu, Jan 20, 2022
Chairperson Patton opened the hearing on HB2364. (Attachment 1) Natalie Scott provided an overview of the bill and stood for questions.
Proponent
Midge Grinstead explained under the current law, "failure to provide" is a misdemeanor. When people don't feed and water their animals consistently, it usually falls under this category and it's treated as neglect. The situation then becomes an educational opportunity to teach the owner proper animal care. However, when the person clearly intended to do the animal harm and the animal died or was beyond saving, it is a simple misdemeanor. Ms. Grinstead gave a couple of examples that are in her written testimony. She also explained the FBI has a national database that includes adjudicated animal cruelty cases, including neglect. They have found human and animal neglect and violence are connected. Ms. Grinstead said it's important to look at these heinous cases to be able to charge the individuals that perpetrate the crimes appropriately. The change is the law will help do that. She asked the membership for support of HB2364 and stood for questions. (Attachment 2)
Christy Fischer and Rick Bailey both testified together via WebEx. Ms. Fisher's view point was from the perspective of law enforcement and as an advocate for animal rights in several capacities. Mr. Bailey spoke from the perspective of prosecuting the violations. This bill amends K.S.A. 21-6412, the statute defining cruelty to animals. This amendment allows a prosecutor to charge a defendant with a felony, rather than merely a misdemeanor, if the defendant knowingly and maliciously confines an animal to deprive the animal of food or water with the intent of starving the animal to death. It also would allow a prosecutor to charge a defendant with a felony, rather than merely a misdemeanor, if the defendant knowingly and maliciously confines the animal in a location where its death is likely to result. Both conferees answer numerous questions from the membership. (Attachment 3)
Nika Orebaugh explained this bill would effectively make animal confinement, in a manner that is likely to lead to the death of that animal, a felony by changing the definition of 'torturing' in K.S.A. 21-6412(a)(1). Ms. Orebaugh has worked in Animal Control for almost fifteen years and attested to several incidences of this type of abandonment. Ms. Orebaugh was available for questions. (Attachment 4)
There were numerous questions from the membership regarding the prevalence of this kinds of crimes against animals. All the conferees gave information regarding the high occurrence of animals abused of this manner.
Written Proponent
Justin Brokar, Vice President, Northeast Kansas Animal Welfare Foundation (Attachment 5)
Opponent
Aaron Popelka, V.P. Legal and Governmental Affairs, Kansas Livestock Association (Attachment 6)
Chairperson Patton closed the hearing on HB2364.
