BILL #    SB 1198

TITLE:     animal cruelty; classification

SPONSOR:    Payne

STATUS:   As Introduced

PREPARED BY:    Geoffrey Paulsen

 

 

 

Description

 

The bill would make intentionally or knowingly killing a police dog in the line of duty a Class 4 felony and would require a minimum sentence of 1 year in prison.  Under current law, these offenses are classified as class 6 felonies. 

 

Estimated Impact

 

The bill could increase the Department of Corrections (ADC) operating costs due to longer sentences for offenders.  Any impact would depend on the number of individuals charged under the revised sentencing requirements and the cumulative impact on the ADC inmate population.

 

The bill's fiscal impact is expected to be minimal, as data from the Administrative Office of the Courts (AOC) indicates        9 persons were convicted of the more broadly defined crime of interfering with, killing or harming a working or service animal during calendar year 2024.

 

Analysis

 

Under current law, it is a class 6 felony to intentionally or knowingly interfere with, kill or harm a working or service animal.  Statute defines a "working animal" as a specially trained horse or a dog that is used by a law enforcement agency and is under the control of a handler.  A class 6 felony is punishable by a sentence of between 4 months and 2 years, with a presumptive sentence of 1 year. 

 

The bill would reclassify intentionally or knowingly killing a police dog in the line of duty as a class 4 felony, which is punishable by a sentence of up to 4 years of probation or between 1 year and 3.75 years in prison, with a presumptive sentence of 2.5 years.  Within this class 4 felony designation, the bill would require a minimum sentence of 1 year in prison and makes the offense ineligible for probation.

 

Local Government Impact

 

None

 

2/12/25