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State considers tougher animal cruelty law

ETHAN WILENSKY

— By -

LANFORD

Kennebec Journal

AUGUSTA — Lawmakers considered a bill Friday that would make animal cruelty a felony in incidents in which more than 25 animals are put at risk.

Supporters of the bill, including York County's district attorney, said it also would authorize prosecutors to pursue probation in some cruelty cases.

''These are crimes that inflict pain and suffering on large numbers of animals,'' said Sen. Deb Simpson, D-Auburn, sponsor of the bill, which went before the Agriculture, Conservation and Forestry Committee.

L.D. 1598 would raise the status of animal cruelty or abuse from a Class D misdemeanor to a Class C felony if more than 25 animals are involved.

In addition to adding probation as a sentencing option, the bill would empower the state to recover costs of moving and caring for seized animals.

The law would apply to any animal; most of the cases cited by supporters involved dog owners and breeders.

Simpson and other supporters of the bill highlighted studies linking animal abuse and domestic violence.

''There is a strong linkage,'' said Mark Lawrence, York County's district attorney and a former state Senate president. ''We see it all the time.''

Although in the past judges could impose probation on people convicted of misdemeanors, in 2003 lawmakers limited that to felony convictions, Simpson said. Since then, an exception has been made to allow probation in some domestic violence misdemeanors.

The 2003 change hindered Animal Welfare Program officers from enforcing sentences intended to forbid abusers from owning animals, even if they knew those people were in violation, said program director Norma Worley.

''Because there is no probation ability, the court can only provide administrative relief, which really only amounts to a court order,'' she said.

Each year, the state receives more than 200 complaints against owners of more than 200 animals, Worley said.

In addition to illegal breeders, Lawrence said, the bill would apply to ''hoarders'' -- people who are unable to care for the animals they take in. Probation is particularly important in such cases, he said, because many hoarders have mental health issues, and it is crucial for the state to ensure they get court-imposed counseling.

Sara Vanderwood of the Federation of Maine Dog Clubs and Responsible Dog Owners took issue with the premise of hoarding. ''The number of animals owned is never indicative of the care they receive,'' Vanderwood testified. ''In most cases, people that own multiple dogs are better versed in animal husbandry and veterinary care than the single-dog owner.''

Vanderwood also took offense at the use of the term ''puppy mill'' in the bill's title: ''An Act to Strengthen the Laws Against Illegal Puppy Mill Operators.''

Simpson introduced an amended title Friday: ''An Act to Strengthen the Laws Regarding Animal Cruelty.''

Sixth-grade students from Bonny Eagle Middle School in Buxton also spoke before the committee.

In 2007, animal welfare officers seized more than 250 dogs from the J'Aime Kennel in Buxton. The students, led by social studies teacher Justin Lambert, took turns reading from a statement they had prepared as part of a classroom assignment.

A work session for the bill was not immediately scheduled.

MaineToday Media State House Reporter Ethan Wilensky-Lanford can be contacted at 620-7015 or at:

ewlanford@mainetoday.com