Post by Timbo on Mar 16, 2010 23:47:57 GMT -6
Special Alert – Animal Cruelty Issue
As many of you are aware Farm Bureau and the agriculture community have been under attack by the news media and animal rights groups because of our position on the Offense of Animal Cruelty Bill which will be heard in House Agriculture Committee Tuesday morning (March 16, 2010) Below is a description of the bill along with talking points supporting our position in opposition to this bill.
Offense of animal cruelty (SB 3546 Ketron – HB 3386* Sontany) – Makes the felony offense of aggravated animal cruelty applicable to all animals, including livestock. Adds the “intentional†deprivation of food and water to livestock as a felony aggravated animal cruelty charge. Farm Bureau Opposes
1. In no shape, form or fashion does the agriculture community or Farm Bureau condone the mistreatment of any animal.
· Farmers have for generations prided themselves as caretakers of animals.
· No other element of society, including any animal rights group, has more compassion or concern for livestock than does the farmer.
· Our members believe man has a moral obligation to avoid cruelty in dealing with animals in all situations.
· When cruelty charges are brought against an animal owner and he or she is found guilty …then there should be swift and just punishment.
2. It is very important we understand what the laws are today dealing with animal cruelty. In our law today we have 2 statutes related to offenses against animals.
Animal Cruelty (TCA 39-14-202)
Aggravated Animal Cruelty (TCA 39-14-212)
ANIMAL CRUELTY
· Animal Cruelty includes intentionally or knowingly torturing, maiming, grossly overworking, failing to provide necessary food, water, care or shelter for an animal, abandoning an animal or transporting an animal in a cruel manner.
· Animal Cruelty carries with it punishment of up to 11 months and 29 days in jail and $2,500 fine (per animal). Today, intentional failure to feed and water an animal is animal cruelty and is punishable.
· Animal cruelty applies to all animals…including livestock.
· A second conviction of Animal Cruelty is a felony.
AGGRAVATED ANIMAL CRUELTY
· Aggravated Animal Cruelty first passed in 2002.
· So, prior to 2002 Animal Cruelty was the only offense we had in Tennessee.
· The Aggravated Animal crime was created to deal with the crimes that were so heinous that the crime deserved a higher penalty.
· Aggravated cruelty applies to acts carried out in a depraved and sadistic manner.
· It was intended to apply to crimes such as setting an animal on fire or chopping an animal up just to watch the animal suffer.
· Evidence was convincing that persons who commit such crimes against animals were more likely to later commit such crimes against humans.
· When Aggravated first past it was a misdemeanor on the first offense and a felony on a second offense.
3. Tennessee animal cruelty laws are already among the strictest in the country. The Animal Legal Defense Fund ranks Tennessee’s animal protection laws in the top tier of the 50 states.
· The Animal Legal Defense Fund fourth annual report ranking of the animal protection laws of every state in the U.S. was released Dec. 16, 2009. Each state’s animal laws are ranked based on the relative strength and general comprehensiveness. This report is based on a detailed comparative analysis of each jurisdiction in which fourteen distinct categories of animal protection laws were researched. The ranking groups each jurisdiction into a top, middle or bottom tier, and includes a listing of the best five and worst five states.
· For more than three decades, the Animal Legal Defense Fund has been fighting to protect the lives and advance the interests of animals through the legal system. Founded in 1979 by attorneys active in shaping the emerging field of animal law, ALDF pushes for stronger enforcement of anti-cruelty laws and more humane treatment of animals.
4. We are very disappointed with the criticism and misrepresentation the House Agriculture Committee and the farm community has taken on this legislation.
o In the past 8 years we have seen significant progress in strengthening the animal cruelty statutes in Tennessee…and the farm community was involved in each one of the changes.
· Aggravated Cruelty was created in 2002 and the Farm Bureau worked with sponsors.
· Aggravated cruelty has been increased from a misdemeanor to a felony charge on first conviction and the Farm Bureau worked with sponsors.
· Failure to feed and water companion animals has been added to the Aggravated charge and the Farm Bureau worked with sponsors.
· Second and subsequent convictions of animal cruelty have been increased to a felony charge and the Farm Bureau worked with sponsors.
o Each of these changes has been made in the last 8 years.
o It’s time to advocate and support the laws we have and make them work instead of changing the law again…. every time someone breaks it.
As many of you are aware Farm Bureau and the agriculture community have been under attack by the news media and animal rights groups because of our position on the Offense of Animal Cruelty Bill which will be heard in House Agriculture Committee Tuesday morning (March 16, 2010) Below is a description of the bill along with talking points supporting our position in opposition to this bill.
Offense of animal cruelty (SB 3546 Ketron – HB 3386* Sontany) – Makes the felony offense of aggravated animal cruelty applicable to all animals, including livestock. Adds the “intentional†deprivation of food and water to livestock as a felony aggravated animal cruelty charge. Farm Bureau Opposes
1. In no shape, form or fashion does the agriculture community or Farm Bureau condone the mistreatment of any animal.
· Farmers have for generations prided themselves as caretakers of animals.
· No other element of society, including any animal rights group, has more compassion or concern for livestock than does the farmer.
· Our members believe man has a moral obligation to avoid cruelty in dealing with animals in all situations.
· When cruelty charges are brought against an animal owner and he or she is found guilty …then there should be swift and just punishment.
2. It is very important we understand what the laws are today dealing with animal cruelty. In our law today we have 2 statutes related to offenses against animals.
Animal Cruelty (TCA 39-14-202)
Aggravated Animal Cruelty (TCA 39-14-212)
ANIMAL CRUELTY
· Animal Cruelty includes intentionally or knowingly torturing, maiming, grossly overworking, failing to provide necessary food, water, care or shelter for an animal, abandoning an animal or transporting an animal in a cruel manner.
· Animal Cruelty carries with it punishment of up to 11 months and 29 days in jail and $2,500 fine (per animal). Today, intentional failure to feed and water an animal is animal cruelty and is punishable.
· Animal cruelty applies to all animals…including livestock.
· A second conviction of Animal Cruelty is a felony.
AGGRAVATED ANIMAL CRUELTY
· Aggravated Animal Cruelty first passed in 2002.
· So, prior to 2002 Animal Cruelty was the only offense we had in Tennessee.
· The Aggravated Animal crime was created to deal with the crimes that were so heinous that the crime deserved a higher penalty.
· Aggravated cruelty applies to acts carried out in a depraved and sadistic manner.
· It was intended to apply to crimes such as setting an animal on fire or chopping an animal up just to watch the animal suffer.
· Evidence was convincing that persons who commit such crimes against animals were more likely to later commit such crimes against humans.
· When Aggravated first past it was a misdemeanor on the first offense and a felony on a second offense.
3. Tennessee animal cruelty laws are already among the strictest in the country. The Animal Legal Defense Fund ranks Tennessee’s animal protection laws in the top tier of the 50 states.
· The Animal Legal Defense Fund fourth annual report ranking of the animal protection laws of every state in the U.S. was released Dec. 16, 2009. Each state’s animal laws are ranked based on the relative strength and general comprehensiveness. This report is based on a detailed comparative analysis of each jurisdiction in which fourteen distinct categories of animal protection laws were researched. The ranking groups each jurisdiction into a top, middle or bottom tier, and includes a listing of the best five and worst five states.
· For more than three decades, the Animal Legal Defense Fund has been fighting to protect the lives and advance the interests of animals through the legal system. Founded in 1979 by attorneys active in shaping the emerging field of animal law, ALDF pushes for stronger enforcement of anti-cruelty laws and more humane treatment of animals.
4. We are very disappointed with the criticism and misrepresentation the House Agriculture Committee and the farm community has taken on this legislation.
o In the past 8 years we have seen significant progress in strengthening the animal cruelty statutes in Tennessee…and the farm community was involved in each one of the changes.
· Aggravated Cruelty was created in 2002 and the Farm Bureau worked with sponsors.
· Aggravated cruelty has been increased from a misdemeanor to a felony charge on first conviction and the Farm Bureau worked with sponsors.
· Failure to feed and water companion animals has been added to the Aggravated charge and the Farm Bureau worked with sponsors.
· Second and subsequent convictions of animal cruelty have been increased to a felony charge and the Farm Bureau worked with sponsors.
o Each of these changes has been made in the last 8 years.
o It’s time to advocate and support the laws we have and make them work instead of changing the law again…. every time someone breaks it.