Legislation would mandate prison time for killing a domestic animal
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State lawmakers are considering a measure that would increase the penalties for willful and malicious abuse and neglect of dogs, cats, and other domestic animals,
The bill, Reba's Law, is named for the bulldog who died of heat stroke days after she was found in a sealed tote behind a Las Vegas business last summer.
Assembly Bill 381 aims to increase penalties for willful and malicious acts that result in the death of an animal from the current potential one to four year sentence to mandatory imprisonment for one to 10 years, and a possible maximum fine of $10,000.
'This bill obviously cannot bring her (Reba) back or change the circumstances of what happened to this sweet, innocent animal and many others that unfortunately suffer as she did, but it can protect other animals throughout the state in the future,' the measure's sponsor, Assemblymember Melissa Hardy, testified Wednesday during a hearing of the Assembly Judiciary Committee.
Hardy said she decided to sponsor Reba's Law shortly after learning of the dog's death.
'By supporting AB 381 we must make sure heinous and willful acts of abuse, neglect and harm carry stiff penalties and consequences,' she testified.
Following the arrest of two suspects in Reba's death last year, Clark County District Attorney Steve Wolfson told reporters he'd 'received hundreds of emails from Nevadans, actually from people all over the world… urging justice on behalf of Reba.' Wolfson complained that under current law, prosecutors can only seek to imprison offenders for up to four years. 'As prosecutors, we can only file charges that our lawmakers provide for us.'
The Current's review of data provided by the DA's office indicated that despite Wolfson's plea for stricter penalties, the DA's office rarely sought prison time for defendants in animal abuse and neglect cases.
Wolfson declined to comment.
Assemblymember Joe Dalia asked Clark County Chief Deputy District Attorney Agnes Botelho, who handles animal abuse cases, how often she is pursuing the current maximum penalty of one to four years in prison.
'It's not very often,' Botelho responded.
The bill also seeks to charge individuals with committing 'an act of torture or cruelty' if they allow the torture or cruelty to occur and do nothing to stop it.
The provision drew criticism from victims of domestic abuse and their advocates who testified that perpetrators of domestic abuse are known to commit violence upon a victim's pets as a means of control and retaliation.
The measure removes the option for a court to order that an abused or tortured animal, once seized, may be sold at auction. It also allows authorities to seize an abused or tortured animal discovered on land used for agricultural purposes, which is currently not permitted.
Robin Pulido, a teacher, testified she has 'had a lot of students for whom the tales they told about things happening to their animals gave you the clue that it was happening to them, too. And I just think that an animal has less of a voice than a child, and if children aren't heard, animals are not heard.'
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