Paris, Tenn.–Representative Bruce Griffey (R-Paris) has taken his PAWS Act – the Tennessee Protection of Animal Welfare & Safety Act – off the the schedule for hearing, which was set for this coming Monday, October 14.
Griffey told WENK/WTPR that he was prompted to cancel the hearing after a conference call with Representative Michael Curcio (R-Dickson), Chairman of the House Judiciary Committee, on Thursday afternoon during which Curcio proposed major changes that Griffey described as “gutting” the legislation.
Griffey said Rep. Curcio was going to lead the hearing before the House Criminal Justice Subcommittee on Monday, substituting for Chairman Andrew Farmer, who was unable to attend due to a prior commitment.
In an email Friday morning to Rep. Curcio, Griffey said:
“Respectfully, your proposed changes to my bill, the PAWS Act, as amended would effectively ‘gut’ my bill and the entire purpose of the proposed legislation. Based on our apparent different approaches to address criminal behavior, I do not believe going forward with the Summer Study on the PAWS Act will be of any significant benefit. Accordingly, please accept this email as my kind request to take my bill off notice. I will put the bill back on notice once Session reconvenes.
Griffey summarized the changes advocated by Curcio, stating that Curcio’s proposal is to:
* Eliminate mandatory minimum sentences for animal abuse;
* Eliminate mandatory minimum fines for animal abuse;
* Never allow a conviction for animal cruelty to rise above the lowest level felony – an E Felony – even if it involves an individual facing a 3rd, 4th, 5th, 6th or even 10th conviction for animal cruelty;
* Eliminate mandatory minimum reimbursement rates to law enforcement agencies, animal control offices, county and city shelters, humane societies and rescue organizations for care of victimized animals pending criminal prosecution for cruelty;
* Eliminate mandatory minimum animal possession/ownership periods for individuals convicted of animal abuse abuse/cruelty; and
* Keep the initial conviction for aggravated cruelty to animals – cases involving burning a dog alive, beating a cat with a baseball bat, dragging a dog behind a vehicle while it is skinned alive – to the lowest level felony (an E Felony) and never allowing subsequent multiple convictions for repeated violent action to ever rise above a D Felony.
“When I originally sat down and drafted the PAWS Act, my primary intention was to rectify a horrific situation that arose in what has been dubbed the ‘Operation Noah’s Ark’ case in Carroll County, Tennessee in which approximately 150 animals were rescued. Local law enforcement lacked the resources to shelter and care for that many victimized animals while the defendants’ criminal prosecution was pending, and had to rely on Animal Rescue Corps to assist. Animal Rescue Corps was near financial brink due to the cost of caring for this large volume of animals, and I represented Animal Rescue Corps pro bono in obtaining a ‘cost of care’ security bond in court. The General Sessions Court granted the requested bond; however, the Circuit Court significantly reduced the bond, leaving the rescue organization and law enforcement faced with the possibility of having to return the victimized animals to the defendants due to the financial ability to care for the animals while the criminal case drug out. I wanted to fix this problem in future cases by ensuring that law enforcement and any rescue organizations assisting law enforcement had at least a minimum amount of financial assistance based upon average costs of care in TN to care for victimized animals in pending criminal prosecutions. Otherwise, victimized animals are faced with remaining with their abuser or cases are overlooked for prosecution simply due to lack of financial resources. Rep. Curcio proposes to eliminate this aspect of my bill, which was the original foundation for my bill’s creation.
“Regarding mandatory minimum sentences and fines, I am familiar with a number of instances where convicted animal abusers get a slap on the wrist and receive suspended sentences, not having to serve jail time and not having to pay any fine. The State of Tennessee has mandatory minimum sentences and fines for individuals who drink and drive or who use meth, but none for those who engage in animal cruelty – a violent offense that is often a predictor for future violent offenses such as rape and murder. Mandatory minimum sentences are necessary to deter future violent criminal behavior as are fines. Moreover, the fines would go a long way in assisting counties. There are a number of counties in Tennessee that cannot afford to pay an animal control officer. Fines against defendants in animal abuse cases would go towards doing so. There are also a number of counties in Tennessee that cannot afford an animal shelter. Fines against defendants in animal abuse cases would go towards building shelters.
“I have been an attorney in the criminal justice system for 29 years, and I am all too familiar with where our animal protection laws in TN fail – failure to protect the victimized animals, failure to serve justice, failure to allow sufficient repercussions to deter future abusive actions against both animals and humans, failure to provide sufficient assistance to law enforcement and rescue organizations in the trenches dealing with animal cruelty. This is why I drafted the PAWS Act. I have already made numerous concessions and amended the bill several times in the prior legislative session in an effort to get it passed, but, at some point, I have to say enough is enough. I have to stand my ground and be a voice for victimized animals at the hands of violent criminals who will go on to victimize a child, a woman, a senior citizen or anyone else they deem weak and vulnerable. I believe that there are a large number of other Tennesseans who will stand with me on this,” Griffey concluded
Griffey plans to notice a hearing on the PAWS Act when the legislature reconvenes in January and at such time take a roll call vote as to which legislators support or oppose the bill.”
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