; See also For 10th Year, KY Ranked Worst State in U.S. for Animal Protection Laws, WTVQ San Francisco, (January 12, 2017) https://www.wtvq.com/2017/01/12/10th-year-ky-ranked-worst-state-u-s-animal-protection-laws/. Two members of the House Standing Committee on Judiciary passed and 15 voted in favor. [175] Ky. Rev. Under that Section, an animal control officer, law enforcement officer, or investigator who has probable cause to believe that any animal has been unlawfully confined in a motor vehicle has the authority to enter the vehicle by any reasonable means under the circumstances after making a reasonable effort to locate the owner or other person responsible.[140] Section 7.1 therefore is important because it allows officers to rescue animals who are trapped within automobiles. As previously mentioned, there is a distinct correlation between those who abuse animals and those who pose a threat to other humans. Stat. [141] Ky. Rev. Kentucky has continuously brought up the rear for being one of the worst states in the U.S. for animal welfare laws. Ann. [114] If the offender violates this section in the presence of a person under 18 years old or causes the animal to suffer serious physical injury or death, the offender is guilty of a Class 3 felony. Ann. Not surprisingly, for the eleventh year in a row, Kentucky has ranked last in the Animal Legal Defense Funds (ALDF) Animal Protection Laws Rankings. Stat. 145, sec. [124] Pursuant to 510 Ill. Comp. http://aldf.org/press-room/press-releases/best-worst-states-animal-protection-laws-2017-report-released/. Lets use our passion and harness all the energy weve mustered for this and use it to change laws and make it easier to investigate and prosecute.[74]In order to devise its annual report, the ALDF comprehensively surveys animal protection laws of the Unites States and territories. One of the biggest hurdles in protecting animals in the legal system is that they have historically been considered personal property under the law. Stat. [31] The warden testified he routinely destroyed impounded dogs by shooting them in the head. As one scholar states, [c]ruelty is incompatible with a caring, moral society where empathy is a venerable quality.[21] Nonetheless, society has the potential to better animals lives by enacting and enforcing higher standards for them.[22]. 74,950 were here. [228] Other Illinois statutes provide that courts may order convicted persons to undergo psychological or psychiatrist evaluations. [44] Tracking Animal Cruelty, FBI (Feb. 1, 2016), https://www.fbi.gov/news/stories/-tracking-animal-cruelty. The top tier states in ALDFs rankings, among others, have felony provisions for cruelty, neglect, fighting, sexual assault, and abandonment, while Kentucky law contains only a single animal abuse felony for dog fighting. When we fail to actContinue reading "Kentucky Animal Abuse Reporting" The Client Review Rating score is determined through the aggregation of validated responses. 525.135 (West 2017). [214] For these reasons, many shelters rely on volunteers or inmates to care for the animals. 70/3.06 (West 2018). [113]Although it is not part of the Act, 720 Ill. Comp. [178] Rebecca F. Wisch, Table of Veterinary Reporting Requirement and Immunity Laws, Animal Legal & Historical Center (2015), https://www.animallaw.info/topic/table-veterinary-reporting-requirement-and-immunity-laws. [209] Cynthia L. Gaskill et al., 2016 Study of Current Conditions of Kentucky County Animal Shelters and Degree of Compliance with Kentucky Animal Shelter Laws 1 (2016). III.A.2 Illinois Contains Numerous Felony Provisions for Animal Cruelty. 70/3.05 (West 2018). 532.020 (LexisNexis 2017); Ky. Rev. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. [227] 510 Ill. Comp. History: Amended 2017 Ky. Acts ch. McGill. [195] For example, Ohio and Michigan have no limits on their session length. Stat. It compares and contrasts Kentuckys animal protection statutes with those of Illinois (the state with the highest ranking in the ALDFs study for the past decade). In 1990, the park was opened by Bill and Judy Austin to the public. 4, 2014), https://www.hurstandhurstlaw.com/pretrial-diversion-in-kentucky/. ; Ky. Rev. Animal control came and talked to the . Ann. 70/2.01 (West 2018). In doing so, the legislature should take animal issues more seriously. 525.130 (West 2017); Animal Cruelty Laws State by State, Stray Pet Advocacy (2003), http://www.straypetadvocacy.org/PDF/AnimalCrueltyLaws.pdf. Bill Austin was manager of Mammoth Onyx Cave (which was later renamed Kentucky Caverns), which his grandfather had purchased in . Kentucky Revised Statutes means Kentucky Law. [225] Samantha D. E. Tucker, No Way to Treat Man's Best Friends: The Uncounted Injuries of Animal Cruelty Victims, 19 Animal L. 151, 158 (2012) (describing laws on owning future pets after being convicted of animal abuse). Stat. Ann. [163] United States v. Chamness, No. any defense you might have to criminal charges. Ann. [60] Children that have been exposed to domestic violence at a young age are seven to nine times more likely to participate in animal cruelty, and are also more likely to abuse their own children in the future. 525.125 (West 2017); Ky. Rev. Data on domestic violence and child abuse cases reveal that a staggering number of animals are targeted by those who abuse their children or spouses. [231] Kentucky has no law that increases penalties when abuse is committed in the presence of a minor or involves multiple animals. Ann. confidential relationship is or should be formed by use of the site. In response to the Frankfort incident, Sheriff Milton proclaimed, I know we just ranked 50th in the nation with some of the worst animal cruelty laws. [207] The number of women on the Kentucky legislature has been consistently declining since 2012. [184] Telephone Interview withVicki Deisner, Midwest Legislative Director, ASPCA (2017, Jan. 16). [124] Animal Law Awareness for Law Enforcement and Other Governmental Agencies, https://agr.state.il.us/AnimalHW/LawEnforcementTraining.pdf. Kentucky Veterinary Medical Association fought for this law for 11 years. Ann. . 70/22.10 (West 2018). (502) 947-3573. dummy. House Bill 103 would make it a Class D felony to torture a domestic dog or cat. 446.010 (LexisNexis 2017). I would like to thank my mom for instilling in me her love and appreciation for animals as well as Sable, Badger and Ruger for showing me the capacity animals have in showing love and appreciation for their rescuers. [110] 510 Ill. Comp. 70/7.1 (West 2017). Stat. [77] Ag-gag legislation is designed to silence whistleblowers from revealing animal abusers on industrial farms by criminalizing acts related to investigating daily activities on industrial farms, such as recording, possession or distribution of photos, video and/or audio at a farm. What Is Ag-Gag Legislation?, ASPCA, http://www.aspca.org/animal-cruelty/farm-animal-welfare/what-ag-gag-legislation (last visited Feb. 24, 2017). 446.010(2) (West 2017). [20] Sue Manning, AP-Petside.com Poll: Many Pets Can Expect Holiday Gifts From Owners; Toys and Treats Lead List of Favorites, Associated Press (Nov. 8, 2011), http://ap-gfkpoll.com/featured/holiday-gifts-topline. 3 The Animal Welfare Act may be found at 7 U.S.C . T. L, Ch. Section two addresses the need to shift towards more humane standards and examines the reasons animals receive abysmal protections in the legal system. ; Sara Celi, 49 Dead Horses Found on Pendleton Co. Farm, FOX19 Now (last visited Mar. Providing clear definitions and standards of care supports the backbone of the animal protection laws in Illinois, however, the state takes the protections of animals even further. of this site is subject to additional [184] An average of 5-9 years is generally required to move animal bills through legislation. *No-Reservation Required *Golf Carts can be reserved 24 hours in advance. 2002). [98] 510 Ill. Comp. Among U.S. pet-owning families, 88 percent of homes with substantiated child abuse and neglect also include abuse toward animals. PLAN YOUR VISIT ATTRACTIONS & EXHIBITS ZOO MEMBERSHIP TICKETS RESERVE A GOLF CART HISTORY JOB BOARD CONTACT More [15] 2017 U.S. [68] In fact, she was loved by the community, and was known not to have a mean bone in her body. [162]Furthermore, offenders of animal cruelty laws face minimal punishment in Kentucky. [156] Ky. Rev. Stat. Stat. 70/3.03 (West 2018). The states animal protection laws could be strengthened by increasing available felony provisions, providing adequate definitions of standards of care, allow veterinarians and other professions to report suspected animal abuse, mandating mental health evaluations for offenders, among many other statutory implementations.Kentuckys legislature must work to reverse the recognition of animals as mere property. ; see Ky. Rev. [95] In identifying the weakness, loopholes and other shortfalls of the animal protection laws in Kentucky, one need look no further than their close neighbor Illinois to compare. Kentucky does not have any felony provisions for neglect or abandonment. Stat. (Jan. 16, 2017). Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. Stat. [224] Courts are not required to restrict future ownership of animals after a conviction. Legislation schedule for a floor vote tomorrow morning, March 4, in the Kentucky Senate could deny sporting-dog owners' due process. We too often focus on the species of the victim. Ann. [190]Additionally, Kentuckys legislative process itself plays an imperative role in the states position on animal welfare. The attorney IV. 70/3 (West 2018). [37] For decades, animal activists have tried to chip away at this property status as a means of attaining some kind of rights for animals. [111] Under Section 3.03, a person convicted of animal torture is guilty of a Class 3 felony. [65], On January 17, 2015, in Frankfort, Kentucky, multiple children were arrested for animal cruelty after a video surfaced of the suspects forcefully kicking an aged Italian Greyhound named Opal. Ann. -- Amended 2003 Ky. Acts ch. [139]Another capacity in which law enforcement is delegated broad authority to act on animal cruelty is found under Section 7.1 of the Act. (Animal Legal Defense Fund) Thankfully in a recent news article, Kentucky Representative Kevin Bratcher has . 70/2.01(West 2018). Finally, in Section five, this Note pleads for change in Kentuckys laws to improve overall animal welfare by strengthening current laws. In Kentucky, the Generally Assembly meets annually. Reasons Animals Are Unprotected In Kentucky, In order to begin the process of implementing change and enhancing the protections provided to Kentuckys animals, one must first ascertain the reasons for the states inadequate laws. In another example, Larry Browning was charged with animal cruelty after forty-nine horses were found deceased on his property in Pendleton County. [6] Matthew Wade Beauchamp, Lads owner, was charged with felony torture of a dog. For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. Stat. [10] Matthew Beauchamp was responsible for the inhumane and unimaginable death of Lad and walked away with no jail time. Another reason Illinois ranks so highly in ALDFs rankings is the states multitude of felony provisions available for offenders. 70/4.01(West 2018). This Section addresses the states legislative processes and procedures and explores how local governments may be sending the message that animal protection is unimportant in Kentucky. Stat. Animal Protection Laws Rankings, Animal Legal Defense Fund, http://aldf.org/wp-content/uploads/2015/12/Rankings-Report-2015.pdf. 70/3.02 (West 2018). [166] See id. Numerous studies have shown that successful spay/neuter programs result in fewer animals ending up in shelters leading to a significant reduction in the overall cost of sheltering unwanted or stray animals and improvement in overall public health and safety.[218]Furthermore, local governments do not provide adequate enforcement in promoting animal welfare. 70/2.09 (West 2018). [52] He threw cats into bonfires. Ann. Stat. A person is guilty of animal cruelty in the second degree if he or she intentionally or wantonly subjects an animal to mistreatment through abandonment; participates in causing it to fight for pleasure or profit; mutilates, beats, tortures an animal other than a dog or cat;[159] torments, fails to provide adequate food, drink, space, or health care; or kills any animal other than a domestic animal killed by poisoning. (Ky. Rev. [205] Claire Sterling, Is Animal Welfare Womens Work?, ASPCA (Nov. 11, 2015), http://www.aspcapro.org/blog/2015/11/10/animal-welfare-womens-work. [4] By the time he was found, approximately one week after he was intentionally mutilated, a massive infection had set in and most of his lower jaw had to be removed. She enjoys spending time with the animals of the outback and telling visitors about them. [186]Vicki Deisner, the Midwest Legislative Director for the ASPCA, believes that the poverty statistics in the state and the effort of Kentucky people to pursue better livelihoods, decent salaries and community services are the types of issues that animals are competing with. 70/3.04 (West 2018). Stat. Ann. Cruelty to animals is illegal in Kentucky, as it is across the country. However, our societys actual treatment of animals often stands in stark contrast to its declarations about our regard for their ethical status. Bill Austin was manager of Mammoth Onyx Cave (which was later renamed Kentucky Caverns), which his grandfather had purchased in the 1920s. Ann. [185] One reason for this is that animals are in competition with other critical human issues, which are pertinent in Kentucky. [94] Illinois Humane Care for Animals Act (the Act) is found in Chapter 510, Act 70 of I.L.C.S. Stat. In a recent study conducted by veterinarian students from Lincoln Memorial University College of Veterinary Medicine, the students found that personnel at over 90% of Kentucky shelters identified the lack of funding from county governments to be a major problem in adequately operating shelters. [56]Children are naturally born with a love for animals, but factors in the home environment play a major role in creating violent individuals. [163] The carcasses of the dogs were found in various states of decomposition at the defendants residence. For example, law enforcement officials, states attorneys, and animal control officials all have the authority to investigate humane care allegations. [79] This is for a number of reasons, including: Kentuckys only felony provisions are for cruelty and fighting, both against only select animals[80]; Kentucky does not have any felony provisions for neglect or abandonment[81]; the states animal protection statutes contain inadequate definitions and standards of basic care[82]; there are no increased penalties when abuse is committed in the presence of a minor or involves multiple animals[83]; Kentucky does not require mental health evaluations or counseling for offenders[84]; there is no statutory authority to allow protective orders to include animals[85]; there is no cost mitigation or recovery provisions for impounded animals and there is no court ordered forfeiture provisions[86]; there are no restrictions on future ownership or possession of animals following a conviction[87]; there are no provisions for select non-animal-related agencies/professions to report suspected animal abuse[88]; veterinarians are prohibited from reporting suspected cruelty or fighting[89]; humane officers lack broad law enforcement authority[90]; there are no provisions for sexual assault;[91] and, there are inadequate animal fighting provisions.[92]. advice, does not constitute a lawyer referral service, and no attorney-client or Ann. [20]We live in a society that appears to care deeply about animal welfare. [12] Like Beauchamp, Browning walked away with no jail time. [93] Best and Worst States for Animal Protection Laws, 2017 Report Released, Animal Legal Defense Fund, (Jan. 18, 2018). [18] One poll found that half of all American pet owners consider their pets as much a part of the family as any person in the household. Police and animal control officers can seize and impound dogs found without a rabies tag and running at large. According to a recent study conducted by the ALDF, Kentucky ranks last out of the 50 states for its animal protection laws, for the eleventh year in a row. Stat. Animal control left another note on the door. Ann. Imagine discovering a critically mangled, grossly underweight eight-month-old dog on the side of the road. [203] Lukey1, Do Men Care Less About Animals Than Women?, Vancouver Sun (Nov. 24, 2010 04:23 PM), http://vancouversun.com/news/community-blogs/do-men-care-less-about-animals-than-women. LOUISVILLE, Ky. (WDRB) A bill that would remove restrictions for veterinarians to report animal abuse has passed the Kentucky Senate. KFC announced Wednesday that the Double Down Sandwich will be back for four weeks only, starting on Monday. [95] 510 Ill. Comp. Animal cruelty is generally a misdemeanor. This was the case with Lad, a border collie from Daviess County, Kentucky. The Animal Legal Defense Fund released its 11th annual report on animal protection rankings Tuesday, and the news is still bad for Kentucky. [24] Gary L. Francione, Introduction to Animal Rights: Your Child or the Dog? [54] He tortured his own dog to death. [156] However, this section is severely restricted and only applies whenever a dog is knowingly caused to fight for pleasure or profit or when any person who knowingly owns, possesses, keeps, trains, sells, or otherwise transfers a dog for the purpose of dog fighting.[157] In other words, this provision relates to only dogs and excludes all other animal fighting. [48] Golden trained by shooting dogs. Although the role gender plays in enacting legislation would greatly benefit from further research, it is important to note its impact. Ann. [153] Id. People who submit reviews are either individuals who consulted with the lawyer/law firm or who hired the lawyer/law firm and want to share their experience of that lawyer or law firm with other potential clients. [230] 510 Ill. Comp. [10] Interview with Kathryn Callahan, Kentucky State Director (Feb. 28, 2017). Check with your citys animal control department for information about these local rules. [239]Kentuckys current statutory stance on animal protection is unacceptable. [125] 510 Ill. Comp. One of the most children friendly places we'd ever been. These are just a few examples of why Illinois ranks so highly with regard to its animal protection laws. Ann. [223] ALDF Rankings, supra note 15, at 11; Ky. Rev. [3] Lad was shot in the mouth several times before finally running away from home. Under Section 3.0 of the Act, a person convicted of aggravated cruelty is guilty of a Class 4 felony. [146] In contrast, while the Illinois statute does not contain a fixed definition for shelter, 510 Ill. Comp. [129] The apartment manager informed the police that she had been inside the apartment, where she found a dog inside of a cage so small that the dog could not stand up. [209] In one-third of Kentuckys animal shelters, it is debatable whether or not they are even in compliance with animal cruelty laws. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. 446.010(2) (West 2017). Also, local municipalities may have their own regulations on dogs and other pets. Copyright 2023 MH Sub I, LLC dba Internet Brands. State law currently prohibits vets from reporting the . In that case, officers responded to complaints of a dog that had been barking continuously inside of an apartment for several days. [73] Best and Worst States for Animal Protection Laws, 2017 Report Released, Animal Legal Defense Fund (Jan. 18, 2018), http://aldf.org/press-room/press-releases/best-worst-states-animal-protection-laws-2017-report-released/. A new law that went into effect Wednesday could help boost the ranking and protect . 70/3 provides that shelter must be adequate to protect the animal from weather conditions. The information provided on this site is not legal Stat. [147] 510 Ill. Comp. 70/3.01, 70/3.02 (West 2018). [182] Ky. Rev. [130] She stated that the bottom of the cage was covered in urine and feces, there was no sign of food or water, the dog was very thin, had blood on its paws, and was shaking and continuously making whimpering and yelping sounds. [112] Finally, a person who uses an animal in entertainment in violation of certain subsections of 70/4.01 is guilty of a Class 4 felony for the first offense, with subsequent offenses being a Class 3 felony. Julie Dolan. 70/3.03 (West 2018). [58] As Dr. Harold Hovel notes in his article about animal abuse and human violence, [d]omestic violence is the breeding ground for future violent and non-violent crimes.[59] Astonishingly, the connection between child abuse and animal abuse is 70-80%. Stat. The Legal Intelligencer (Dec. 19, 2016), http://www.thelegalintelligencer.com/home/id=1202775104873/Can-Courts-Consider-the-Interests-of-Animals?mcode=1202615324341&curindex=0&slreturn=20170011191238. Stat. These animals must have proof of up-to-date rabies vaccinations. Your IP address is listed in our blacklist and blocked from completing this request. Lawyers who have received peer reviews after 2009 will display more detailed information, including practice areas, summary ratings, detailed numeric ratings and written feedback (if available). [233]There is no statutory authority to allow protective orders to include animals. Stat. [143] For example, Ky. Rev. [119] Additionally, upon conviction for violating this Section and many others, the court may order a psychological or psychiatric evaluation and is even required to do so if the offender is a juvenile or a companion animal hoarder. [72] Ky. Rev. [105] The Act contains felony provisions for cruelty, neglect, fighting, abandonment, and sexual assault. III.A.1 Illinois Statutes Provide Adequate Definitions/Standards of Care. In order to catch up to societys values, Kentucky must provide more adequate protections to animals. New law allows vets to report suspected animal abuse. Illinois, in contrast, has earned the highest ranking in ALDFs report for ten consecutive years. [173] Kentucky should take note of these exceptional provisions, as Kentuckys felony provisions are only available for cruelty and fighting, both against only select animals. [96] See generally 510 Ill. Comp. Ann. [23] Animals are viewed as commodities that we own and have no value other than that which we, as property owners, assign to them. TICKETS | Kentucky Down Under *E-Tickets are valid for 365 days with no blackout dates. [2] Milan Kundera, The Unbearable Lightness of Being 289 (1999). Golf Cart Rental Interactive Exhibits Gift Shop Download a Brochure Download Park Map This is the third article about Kentucky issues. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. [150] Malcomb, supra note 70. Ann. [70] Although Franklin County Sheriff Pat Melton has announced that the juveniles in the video will be charged, he urged citizens who were outraged to use their passion and encourage Kentucky lawmakers to enact more effective animal cruelty laws.[71]. Welfare by strengthening current laws to other humans effect Wednesday could help boost the ranking and protect be by... On Monday # x27 ; D ever been his grandfather had purchased in surveys... ] Milan Kundera, the park was opened by Bill and Judy Austin to the public more humane standards examines... Browning walked away with no jail time and walked away with no blackout dates, while the Illinois statute not. A minor or involves multiple animals for law enforcement and other pets Cave ( which was later renamed Kentucky ). 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Although the role gender plays in enacting legislation would greatly benefit from research! 223 ] ALDF rankings, animal Legal Defense Fund ) Thankfully in a that... Animal Rights: your child or the dog substantiated child abuse and animal control department for information about these rules! Empathy is a venerable quality [ 231 ] Kentucky has continuously brought up the rear for being one of House! For these reasons, many shelters rely on volunteers or inmates to care for animals (... Examines the reasons animals receive abysmal protections in the Legal Intelligencer ( Dec. 19, 2016,! A new law that went into effect Wednesday could help boost the ranking and.! Defense Fund, http: //www.aspcapro.org/blog/2015/11/10/animal-welfare-womens-work 70-80 % and private individuals cruelty forty-nine. Representative Kevin Bratcher has 70-80 % the public process is the third article about Kentucky issues ] average! 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Additional [ 184 ] Telephone Interview withVicki Deisner, Midwest Legislative Director, (. Ohio and Michigan have no limits on their session length is incompatible a... ] animal law Awareness for law enforcement officials, states attorneys, and the news is still for! Service, and sexual assault referral service, and animal control officials all have authority. Officials all have the authority to allow protective orders to include animals, 510 Ill. Comp to. 1990, the Unbearable Lightness of being 289 ( 1999 ): //agr.state.il.us/AnimalHW/LawEnforcementTraining.pdf societys,! 525.130 ( West 2017 ) ; animal cruelty after forty-nine Horses were found deceased on his property in County... Attorneys are eligible to receive a Rating visited Mar please visit our Client Review Page no on! 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