Re: HB-3386 – Aggravated Animal Cruelty
This bill will add all animals to our current Aggravated Animal Cruelty statute. It will make the withholding of food and water from ANY animal to the point of death or near death a felony. Currently, if you starve a companion animal it is a felony, if you starve “livestock” it is a misdemeanor. It makes no sense to have different penalties for the same despicable action. How can we continue to say it is far worse to starve a dog than to starve a horse?
The bill also defines aggravated animal cruelty as an act committed by a person who without justifiable purpose, kills or intentionally causes serious bodily injury to any animal in a depraved or sadistic manner. The illustration that I have given before is the man who got mad at his wife, tied her horse to the back of his truck and dragged it until it was almost dead, then finished it off by stabbing it with a pitchfork.
I think you will agree that was depraved and sadistic. When she went to the DA in her county to ask for him to be prosecuted, she was met with the response that he had too many other cases to busy himself with this one because it was only a misdemeanor.
We need stiffer penalties to encourage DA’s to prosecute. They are more likely to prosecute a felony than a misdemeanor.
Our bill was in House Agriculture Committee last Tuesday morning. Many of you know that our biggest opponent is Farm Bureau Insurance Company. The Farm Bureau Insurance Agents filled all the seats in the committee room and those of you who took time from your busy schedules to come to the Capitol to make your support for the bill known, were left standing in the aisles. I really appreciate the way you hung in there for over an hour before our bill was heard.
We had three great speakers – Sgt. Mike McLerran – Sumner County Animal Control who made great points – he gets several complaints per month about abused horses. It is not the legitimate TN farmer where he has to remove starving horses, it is the horse trader, the broker, the killer that buys horses cheap and refuses to invest any money in their care even FOOD, knowing that many of them will not make it and transporting those who do live inhumanely to Mexico to be slaughtered inhumanely.
He was asked by Rep. Eddie Bass (D) Giles County, if in a tight budget year, should the legislature be focused on protecting children or animals. Sgt McLerran very eloquently answered that it was often the people who abuse animals that also abuse children.
Our second speaker was Ron Smith, CEO, Electric Service Credit Union, a horse and burro owner and Farm Bureau member. Ron stressed more than once that increasing the penalty would make someone think twice if they knew they were going to be charged with felony rather than having their hand slapped with a misdemeanor.
Ron was asked by Deputy Speaker Steve McDanel (R) Parkers Crossroads, if he supported horse slaughter to which Ron answered no. Farm Bureau Insurance Company is for horse slaughter in Tennessee – won’t that make for a great economic and community development tool for recruiting new business to Tennessee. Come to Tennessee, home of horse slaughter.
Third, was Mary Hord, cattle producer and equine rescue – also a Farm Bureau member. She advocated for increased penalties and was quite emphatic that she was ashamed to be a Farm Bureau member and that they did not speak for her as they claimed to speak for all 650,000 members of Farm Bureau Insurance Company.
Our bill was deferred to Tuesday, March 23rd, at 9:00 a.m. I expect there to be some discussion this week since the cameras probably will not be present again. Please join me if you can make it, if not, please make calls again to members of the Ag Committee.
I have been invited to appear on Morning Line – Channel 5+ on Monday morning, March 22nd, from 8-9 a.m. along with someone from Farm Bureau Insurance Company. Please call in if you can at 737-7587. As they stacked the committee room last week, we probably can expect those opposed to increasing penalties to monopolize the phone lines on Monday.
I will leave you with this thought – it is a felony to sell glue for unlawful purpose, it is a felony to write worthless checks ($501-$999) and it is a felony to file a false or fraudulent insurance claim, however, it is a misdemeanor to commit aggravated animal cruelty which includes starving livestock or dragging a horse to its death.
Again, thanks for your continued support.
The members of the House Agriculture Committee are:
Stratton Bone, Chair (615) 741-7086 firstname.lastname@example.org
Dale Ford, V. Chair (615) 741-1717
Willie Butch Borchert, Sect’y (615) 741-6804
Eddie Bass (615) 741- 1864
Chad Faulkner (615) 741-3335
Curtis Halford (615) 741-7478
John Litz (615) 741- 6877
Steve McDaniel (615) 741-0750
Frank Niceley (615) 741-4419
Johnny Shaw (615) 741-4538
Terri Lynn Weaver (615) 741-2192
John Mark Windle (615) 741-1260