HB698 Alabama 2012 Session

Under existing law, a person commits the crime of cruelty to animals if, except as otherwise authorized by law, he or she intentionally or recklessly subjects any animal to cruel mistreatment, subjects any animal in his or her custody to cruel neglect, or kills or injures without good cause any animal belonging to another

Cruelty to animals is a Class B misdemeanor

This bill would add acts that are done knowingly or with criminal negligence to the prohibition and make the crime a Class A misdemeanor

This bill would provide for the crime of aggravated animal cruelty when the act of cruelty or neglect was heinous, atrocious, cruel, or involved infliction of torture to the animal

Aggravated animal cruelty would be a Class C felony

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

To amend Section 13A-11-14, Code of Alabama 1975, relating to animal cruelty, to further provide for penalties; to establish the crime of aggravated cruelty to animals and to provide penalties; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.