A new state law effective July 1 will increase penalties for animal abuse and neglect and remove liability for damages when someone takes a domestic animal from a motor vehicle.
Wendy McNamara, author of House Enrolled Act 1165, said the bill addresses almost every form of animal abuse and neglect.
The current state law only provided misdemeanor charges, McNamara said. She said it lacked clear definitions on proper care for animals, did not take into account hoarding, animal abuse in domestic violence situations or law enforcement animals being killed.
“So what this bill does is actually fill those gaps, gives language and consistent vocabulary to local communities so that they know what it looks like when they come upon it, as far as being able to prosecute,” she said.
Under House Enrolled Act 1165, repeat animal abusers can be charged with a level six felony and in some cases first-time offenders can be charged with a level six felony depending on the situation. It considers if a minor was present, the severity of the abuse or neglect and hoarding circumstances.
Those who abuse or neglect animals in a domestic violence situation to threaten or coerce a family member or household member can be charged with a level six felony as well.
Virgil Sauder, Bloomington Animal Care and Control Director, said two parts of the bill that stood out to him are on domestic violence and hoarding. Sauder said he’s seen animals neglected in domestic violence incidents with little impact on the case.
On hoarding, he said he was reminded of an investigation that involved a dog breeder.
“When I read this new act, that's one that actually came to my mind where, ‘oh, this might have been the one where it would have been a felony, rather than just a misdemeanor,’” he said.
More specific definitions on safe and adequate bedding and shelter for a domestic animal are incorporated in the new law. It also takes into consideration the animal’s species, age and health.
“The best example I can give you is I have a Siberian Husky. He loves when it's, you know, zero degrees out. But I also have 20 pound mutt who shouldn't be outside in zero degree weather,” McNamara. “What this bill takes into account is the differences in those two breeds, so it looks at what is appropriate for that particular breed.”
Current Indiana law made individuals pay for half of the repair costs for damages caused by removing an animal from a vehicle. Soon those who rescue domestic animals from a motor vehicle will not be liable for damages, but will still have to follow guidelines outlined in the law to be immune. Guidelines include contacting 9-1-1 or an animal control officer before forcibly entering the vehicle and staying with the domestic animal until an emergency responder or animal control arrives.
It also makes killing a law enforcement animal a level five felony. This piece of the bill has been introduced multiple times in the past but not passed until now, McNamara said.
Sauder said he’s pleased to see the state strengthen animal-related laws as it gives more value to animals and increases the expectations for care.
“But it definitely shows, as a society, and as in Indiana, that we do value animals more than we used to,” he said.
