West Virginia 2022 Regular Session

West Virginia Senate Bill SB134

Introduced
1/12/22  

Caption

Creating felony offense of aggravated cruelty to animals

Impact

If enacted, SB134 will significantly tighten the laws governing animal welfare in West Virginia by elevating serious instances of animal mistreatment to felony status. This legislative change will impose stronger penalties, including mandatory prison sentences for severe offenses, and may lead to a higher conviction rate for animal cruelty cases. Additionally, the bill establishes a framework for psychological evaluations and anger management for those convicted of animal cruelty, acknowledging the need for rehabilitation alongside punishment.

Summary

Senate Bill 134 seeks to amend the Code of West Virginia to address the issue of animal cruelty by introducing the felony offenses of aggravated cruelty to animals, as well as malicious killing, torture, or mutilation of an animal. The bill outlines several unlawful actions, including causing severe bodily injury to animals, withholding proper sustenance, shelter, or medical treatment, and abandoning animals without care. The penalties range from fines to imprisonment, depending on the severity of the offense, and aim to enhance the protection of animals within the state.

Sentiment

The sentiment surrounding SB134 appears to be predominantly supportive among animal welfare advocates, who argue that the bill is a necessary step in advancing animal rights and ensuring a legal framework that prioritizes the well-being of animals. However, some concerns have been raised regarding the potential unintended consequences of such strict penalties, such as the risk of over-criminalization or the challenge of enforcement in rural areas where animal care practices might differ.

Contention

The primary points of contention around SB134 focus on the definitions within the legislation, especially regarding what constitutes severe cruelty versus acceptable treatment of animals in various contexts (e.g., farming or training). Opponents argue that the bill could interfere with traditional practices and may impose penalties disproportionately on those who may not have malicious intent. The balance between protecting animals and respecting cultural practices poses a significant discussion point in the legislative process surrounding this bill.

Companion Bills

No companion bills found.

Previously Filed As

WV SB78

Creating felony offense of aggravated cruelty to animals

WV SB221

Creating felony offense of aggravated cruelty to animals

WV SB501

Creating felony offense of cruelty to animals

WV SB150

Creating felony offense of cruelty to animals

WV HB4673

Relating to cruelty to animals

WV HB3427

Relating to cruelty to animals

WV HB2983

Relating to cruelty to animals

WV HB5044

Relating to cruelty to animals

WV HB1074

Aggravated Cruelty to Law Enforcement Animals

WV H0121

Aggravated Animal Cruelty

Similar Bills

CA AB1941

Misdemeanors.

CA AB321

Misdemeanors.

CA AB2065

Criminal justice records: offender data.

CA AB485

Hate crimes: reporting.

HI SB1433

Relating To Sentences Of Imprisonment.

HI SB1433

Relating To Sentences Of Imprisonment.

MS SB2205

Habitual misdemeanor offender; provide sentencing enhancement for.

MS SB2437

Habitual misdemeanor offender; provide sentencing enhancement for.