The Catoosa County News

New federal law on animal cruelty, Ga. law

- By Tamara Wolk

For those who dote on their pets, give them special Thanksgivi­ng treats and buy Christmas gifts for them, animal cruelty is a hard thing to understand.

North Georgia Animal Alliance volunteer Dave Mayo says the worst case of animal cruelty he has seen locally was a dog from Lafayette that had both eyes put out. “It was just horrible,” he says.

“Even if someone doesn’t love animals,” says NGAA president Valerie Hayes, “there is no excuse for abusing them. How someone can intentiona­lly injure or kill an animal is beyond comprehens­ion.”

On Nov. 25, a new federal law was signed by President Donald Trump adding some muscle to the battle against animal cruelty.

The law, titled “The Preventing Animal Cruelty and Torture Act” (PACT), sponsored by Rep. Theodore Deutch, D-florida, District 22, and co-sponsored across party lines by 300 more members of Congress, addresses the most extreme forms of animal abuse, referred to in the bill as “crushing,” including the sharing of videos portraying animal abuse.

The bill states: “the term ‘animal crushing’ means actual conduct in which one or more living non-human mammals, birds, reptiles, or amphibians is purposely crushed, burned, drowned, suffocated, impaled, or otherwise subjected to serious bodily injury…”

The bill allows for fines and for imprisonme­nt of up to seven years upon conviction. The bill lists “exceptions:”

“IN GENERAL. — This section does not apply with regard to any conduct, or a visual depiction of that conduct, that is —

“(A) a customary and normal veterinary, agricultur­al husbandry, or other animal management practice;

“(B) the slaughter of animals for food;

“(C) hunting, trapping, fishing, a sporting activity not otherwise prohibited by Federal law, predator control, or pest control;

“(D) medical or scientific research;

“(E) necessary to protect the life or property of a person; or

“(F) performed as part of euthanizin­g an animal.”

The bill goes on to define euthanizin­g: “the term ‘euthanizin­g an animal’ means the humane destructio­n of an animal accomplish­ed by a method that — (A) produces rapid unconsciou­sness and subsequent death without evidence of pain or distress; or (B) uses anesthesia produced by an agent that causes painless loss of consciousn­ess and subsequent death.”

Finally, the new federal law says it does not “preempt the law of any state or local subdivisio­n thereof to protect animals.”

The Animal Legal Defense Fund rates states on their animal protection laws. Georgia ranks the 37th worst of all 50 states. The ALDF report says that Georgia has one positive and four negative factors that rank it so low.

On the plus side, says ALDF, veterinari­ans in Georgia have immunity when reporting suspected animal cruelty.

On the down side, ALDF says the definition of “animal” in Georgia’s animal protection laws is “limited” (it does not apply to fish or “any pest that might be exterminat­ed or removed from a business, residence, or other structure”).

Also on the downside, ALDF says, Georgia addresses only dog fighting and not the staged fighting of other animals, that there are no “no statutoril­y authorized post-conviction

forfeiture or possession bans,” and that animals may not be included in protection orders.

Georgia law does state that “a person commits the offense of cruelty to animals when he or she: (1) Causes physical pain, suffering, or death to an animal by any unjustifia­ble act or omission.” This includes, says the law, inadequate food, water, sanitary conditions and/ or ventilatio­n.

While PACT does not address neglect or abandonmen­t, Hayes says it does draw important attention to how animals are treated. “I hope one effect it has will be to get more people to notice how the animals in their communitie­s are cared for — or not cared for — and to take action when they see neglect or abuse.”

 ?? Contribute­d ?? Most pet owners have trouble conceiving of the level of animal cruelty a new federal law addresses. Sweetpea, a North Georgia Animal Alliance rescue, now in a permanent home, will never have to worry about abuse or neglect, unlike many less fortunate animals.
Contribute­d Most pet owners have trouble conceiving of the level of animal cruelty a new federal law addresses. Sweetpea, a North Georgia Animal Alliance rescue, now in a permanent home, will never have to worry about abuse or neglect, unlike many less fortunate animals.

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