Legislator wants tougher animal abuse laws

? Sen. Phil Journey is proposing strengthening the state’s animal cruelty laws after a spate of incidents involving dogs being burned by chemicals.

Journey, R-Haysville, said Thursday he’s working on legislation for the 2006 session to increase penalties for animal cruelty, including creating a new felony crime of intentional abuse. At least 41 states already make animal cruelty a felony.

The effort is in response to cases of dogs being abused in Wichita. Journey said he wants to call it “Magnum’s Law,” after a mixed-breed puppy found Aug. 1 in a recycling bin wrapped with wire, with cuts, a broken leg and chemical burns. Magnum died Aug. 6 from its injuries.

Journey’s proposal would define intentional abuse as cruelty to animals with malicious intent, for pleasure or for financial gain such as videos or wagering on animal fights. It would exclude such things as acting in self-defense or to defend property or another person.

All forms of hunting also would excluded.

Conviction of a first offense would result in a mandatory psychological evaluation, minimum 15 days in jail and a three-year registration with the state’s public database for violent offenders.

“I figure this thing has legs and we better fix it,” Journey said.

A second offense would be a felony and mandate an evaluation, 60 days in jail and lifetime registration as a violent offender.

Negligent abuse would include situations in which puppy mill owners fail to provide ample food or water for animals. First offenses would be a misdemeanor with a $2,500 fine and up to a year in jail.

A second offense would be a felony with a mandatory five days in jail and lifetime prohibition from future licensing for breeding animals.

Legislators will discuss Journey’s proposal during a meeting next month of an interim judiciary panel. Journey is seeking co-sponsors for the bill and will file it when the session starts Jan. 9.

Efforts to strengthen animal cruelty laws have previously failed in the Legislature. Sen. David Haley, D-Kansas City, has tried repeatedly to enact his bill, known as “Scruffy’s Law,” named for a dog tortured to death by teenagers in the Kansas City area.

Haley has sought to increase penalties for animal cruelty from a misdemeanor to a felony.

Critics say Haley’s bill could result in a lighter penalty because a misdemeanor could carry jail time while a first-time felony conviction likely would result in probation.

Earlier this year, the Senate voted 33-6 in favor of the bill. The measure is pending in the House.

Journey said he would talk with Haley about supporting the new proposal.