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October 2017

Tuesday, October 31, 2017

Upgrading anti-cruelty laws across the country in 2017

Our movement has made so much progress over the last three decades in closing the gaps in the legal framework for animal cruelty. In the mid-1980’s, only four states had felony penalties for malicious cruelty to animals, only a dozen had felony dogfighting, and several states still allowed legal cockfighting. Today, malicious cruelty and dogfighting allow for felony-level penalties in all 50 states, cockfighting is banned nationwide with felony penalties in 43 states, and the federal animal fighting statute has tough penalties, including for training and possession of fighting animals, spectators, and bringing children to animal fights.

Dog_chain_240x270_Larry_French
Larry French/AP Images for The HSUS

We continue to march state by state to further upgrade and fortify the anti-cruelty statutes, improve enforcement, and close remaining gaps in the law where they exist. In 2017, it has been a particularly exciting year in state legislatures when it came to strengthening laws for abused and neglected animals. These laws range from outlawing animal sexual abuse, to prohibiting the chronic, cruel chaining of dogs outdoors, to increasing penalties for dogfighting and cockfighting. 

This year, The HSUS, HSLF, and our partners worked to make great strides on these fronts. Lawmakers outlawed bestiality in Nevada, Texas (as a felony), and Vermont. When we renewed our campaign efforts on this issue just a few years ago, bestiality was legal in eleven states—now that number is down to five remaining. Laws to help dogs outdoors were strengthened in Maryland with more clearly defined standards of care; in New jersey with shelter and standards of care requirements, and significant tethering restrictions; in Rhode Island with upgrades to shelter and nourishment requirements; in Vermont with expanded standards of care and humane standards for tethering; and in Washington with an impressive, comprehensive dogs who live outdoors/tethering law.  

Kansas and Oregon upgraded their cost of care statutes, putting the burden on animal abusers—rather than nonprofit organizations and taxpayer-funded agencies—to pay the financial cost of caring for animals seized from cruelty cases. Cost of care law was amended in Oregon to include hens and chicks in cockfighting cases. Nevada made some progress on this issue, ultimately giving counties the ability to recover costs of care if an “authorized person” is unavailable to care for the animal. Oregon expanded agencies’ ability to petition for custody of seized animals, and Hawaii humane societies may now petition the court for custody of seized animals prior to filing criminal charges against the owner.

Pennsylvania passed a comprehensive upgrade of its anti-cruelty statute this year, including making malicious cruelty a felony on the first offense, rather than just for repeat offenders (leaving Iowa and Mississippi as the only two states left without first offense felony penalties). Arkansas, Texas, and Wyoming increased penalties for certain cruelty offenses, and Oregon increased prohibition for animal abusers on future ownership to 15 years. New York bolstered its animal fighting law by making animal fighting a designated offense for an eavesdropping or video surveillance warrant. And Rhode Island made animal hoarding a cruelty offense, making it the first state in the country to outlaw hoarding. North Dakota was the one state that took a step backwards, with an added requirement for a veterinary recommendation before an agency may seize an animal.

There is a rising tide of consciousness across the country—in red, blue, and purple states—that animals should be protected from cruelty, and that we must have strong laws on the books to prevent abuse and crack down on the outliers. The HSUS, HSLF, and our partners are proud to have had a hand in many of these successes, and are grateful to the lawmakers who took on these big fights. We look forward to continuing this important work to drive transformational change for animals in 2018 and beyond.

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