[ SHOWGSD-L ] SAOVA<>TEXAS ALERT – SB 779 HEARING SCHEDULED MARCH 22

  • From: Stormy Hope <Stormy435@xxxxxxx>
  • To: "showgsd-l@xxxxxxxxxxxxx List" <showgsd-l@xxxxxxxxxxxxx>
  • Date: Mon, 21 Mar 2011 09:24:30 -0700

TEXAS ALERT ? SB 779 HEARING SCHEDULED MARCH 22
Dear SAOVA friends,

A hearing for SB 779 Animal Abuser Registry is scheduled in Criminal  
Justice CommitteeTuesday March 22 at 1:30 PM or upon adjournment in  
Room E1.016.

SYNOPSIS
SB 779 introduced by Senator John Whitmire (D, 15) establishes a  
central database containing information about persons over 17 who have  
been convicted of or received a grant of deferred adjudication for one  
or more animal cruelty felony offenses under Section 42.092 or 42.10,  
Penal Code. That person must register as required by this chapter  
until the 10th anniversary of the date the person was last convicted  
of or received a grant of deferred adjudication for the offense.

The information contained in the database is public information, with  
the exception of any information regarding the person's social  
security number, driver's license number, or telephone number, and  
will be published on the Texas Department of Public Safety Internet  
website.

The Texas Department of Public Safety, in cooperation with the Board  
of Pardons and Paroles, the Texas Department of Criminal Justice, and  
the Commission on Jail Standards, are authorized to design and  
implement a system for the registration and must update the database  
daily.

Failure to comply with registration requirements creates a Class B  
misdemeanor offense.

The Texas Department of Public Safety is authorized to establish and  
implement the database only if funds are available. However the  
Department may solicit and accept a gift, grant, or donation from any  
source, including a foundation, private entity, governmental entity,  
or institution of higher education, for the establishment and  
maintenance of the computerized central database described by this  
chapter and the implementation of a related system of registration  
under this chapter.

REGISTRY FUNDING
A registry bill was introduced in California that failed. The registry  
bill required specified individuals convicted of felony animal abuse  
to register for 10 years after the date of conviction; failure to  
register is punishable as a misdemeanor. The Senate Appropriations  
Committee Fiscal estimated a cost of $750,000 to $2,000,000.

An abuser registry bill was introduced this session in Virginia but  
failed. The Department of State Police estimated that approximately  
$986,000 would be needed to design and develop a new registry and  
website and an additional $126,411 each year for support. The note  
also stated the cost to local law enforcement agencies was not known  
at this time. The Virginia bill created a new crime for failure to  
register. The fiscal note estimated approximately $50,000 would be  
required for additional correctional facility beds.

A registry bill was recently introduced in Washington. The fiscal note  
estimates a one-time cost of approximately $27,800 for modifications  
to the judicial court system. A cost of $823,032 to state agencies to  
provide legal services to review and defend legal issues, development  
of the tracking tool and to populate the registry and the main web  
site, and data entry and quality assurance for accuracy of the data.  
In addition the fiscal note estimates a cost of approximately $1,200  
to local governments for court impacts, including judicial costs,  
clerk costs, and court fees.

SB 779 allows third parties to fund establishment and implementation  
of the abuser registry. The animal rights organizations supporting  
animal abuser registries have an agenda that doesn't include concerns  
for people and extends far beyond animal welfare. An abuser registry,  
driven by the animal rights platform that considers all animal use  
abusive, has no place in Texas law.

Regardless of funding by wealthy animal rights advocates,  
implementation of this legislation will strain law enforcement  
officials in the current depressed economy and represents an unfunded  
mandate to local jurisdictions. Committee members should be well aware  
of the drastic reductions to all levels of law enforcement proposed in  
the current state budget. With budget cuts looming for felony  
probation funds, state police, court system, prison system, and even  
regional police academies, allocating money for a useless registry  
should not be approved.

ALDF NATIONAL REGISTRY CAMPAIGN
Establishing animal abuser registries is a campaign championed by the  
California-based Animal Legal Defense Fund (ALDF) whose mission is to  
advance the interests of nonhuman animals through the legal system and  
expand the boundaries of animal law through groundbreaking lawsuits.  
ALDF advocates changing the legal status of animals from property to  
personhood.

ALDF claims that convicted animal abusers pose a real, ongoing threat  
to your pets, your family, and your community. In reality nearly all  
animal cruelty involves neglect by the animal's owner. The likelihood  
that animal abusers will stalk neighbors and snatch pets in order to  
abuse them is infinitesimal. The proposed animal abuser registry only  
creates another state bureaucracy. Animal abuser registries have  
little to do with protection of people or animals, are overly  
invasive, costly to maintain, and have no proven benefit.

MORE ON ALDF
Once upon a time, Texas attorney Robert "Skip" Trimble raced horses.  
Now he rescues them. "I'm a former animal abuser. I used to own  
racehorses, raise roping steers, hunt and eat meat," Trimble says.  
"I've probably done it all. But that's changed." Changed so much, in  
fact, that today Trimble is a busy animal advocate ? and chairman of  
ALDF's Board of Directors. Quoted from `Abuser' to Animal Champion,  
the Animals Advocate - Quarterly newsletter of the Animal Legal  
Defense Fund.

"Everything we are doing lays the foundation for the one day when  
animals will have rights" ...."We need to get in their faces and sue  
the animal users so often they don't know which courtroom they're  
supposed to appear in next." Valerie Stanley, ALDF Attorney June, 1996

ALDF supported the suit by Northwest Animal Rights Network and one of  
its members against the State of Washington and King County. The suit  
contended that granting exemptions under the state's animal cruelty  
legislation for commercial food production, rodeo events, veterinary  
practices, and university research was unconstitutional.

ACTION REQUIRED
The bill has been assigned to Senate Committee on Criminal Justice  
(C590) which Sen. Whitmire chairs.

Call the Committee Clerk, Michaela Bernacchio (512) 463-0345, and ask  
to be registered as Opposed to SB 779.

Find additional information and talking points, download phone, fax,  
and email contacts for committee members from the SAOVA 
website.http://www.saova.org/TexasSB779.html

Use the email link on the SAOVA webpage to contact all committee  
members at one time. Also call your Senator and oppose this bill.

CROSS POSTING IS ENCOURAGED

Susan Wolf
Sportsmen's & Animal Owners' Voting Alliance
Issue lobbying and working to identify and elect supportive legislators
Visit SAOVA News http://saovanews.blogspot.com

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  • » [ SHOWGSD-L ] SAOVA<>TEXAS ALERT – SB 779 HEARING SCHEDULED MARCH 22 - Stormy Hope