2 measures would toughen penalties for animal cruelty

Two different measures that would create felony penalties for animal abusers sit in the parking lot of the Senate Rules Committee.

SB102 is the more stringent of the two and would bring Utah in line with 29 other states with laws that can punish first-time abusers at the felony level, according to Gene Baierschmidt, director of the Utah Humane Society. Baierschmidt said 14 states have statutes allowing a felony charge on a second animal-abuse conviction.

SB102 is sponsored by Sen. Gene Davis, D-Salt Lake, and is identical to a bill defeated in the 2007 legislative session.

"We're very much for Sen. Davis' bill because it makes the intentional torture of an animal a felony on the first offense," Baierschmidt said.

Davis said that even though his bill makes it possible to charge someone convicted of animal abuse or torture with a felony on the first offense, it is likely that a first-time offender would not be charged that severely, depending on the circumstances of the crime. A prosecutor would, however, be able to apply a felony charge in the event of a heinous first offense, Davis said.

"It's typical for first offenses to be plea-bargained" by prosecutors, Davis said. He added that this prosecutorial privilege also helps ensure that "youth antics" that involve animal abuse are not automatically addressed at the felony level.

The legislation competing with Davis' bill is sponsored by Sen. Allen Christensen, R-Ogden. Christensen's SB117 would make a first offense an automatic misdemeanor, regardless of severity but would allow a felony charge if a convicted abuser re-offended within five years. SB117 also would create exemptions for livestock.

Todd Bingham, vice president of public policy with the Utah Farm Bureau Federation, said his group is supporting SB117.

"We've been involved with the drafting of Sen. Christensen's bill," Bingham said. "SB117 addresses the issues of torture, cruelty and neglect of animals ... but also acknowledges protection for the agriculture business."

The two bills will compete throughout the session, since a compromise is unlikely.

When asked about the possibility of a compromise, Davis said he would be happy to discuss a compromise and that he has "reached out" to Christensen in an attempt to find a bill that they both can agree would work. Christensen, however, said that his bill has just undergone its "14th and final revision" and that his bill "is already on the middle ground."

Noting the passion the issue generates, he said "there are people on both ends of the issue who won't be happy no matter what bill is passed."

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E-mail: araymond@desnews.com