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ESSENTIAL DESTINATIONS

MONTH: September 2007

New animal protection laws in Texas, New York, Illinois, Massachusetts, and Maine

 

New Texas legislation permits felony prosecution of people whose dogs kill or maim other humans, but attorneys familiar with handling dog attack cases and representatives of the animal control officers who will have the primary duty of enforcing the new law told Roy Appleton of the Dallas Morning News that it does not actually eliminate the ancient "one free bite" rule for determining if a dog is vicious, and will require animal control officers to do criminal investigation, whereas the typical animal control offense is a summary infraction. "This is better than what we have now," said Dallas attorney and Animal Legal Defense Fund president Robert Trimble, "but whether it solves the problem, I guess we'll have to wait and see."

Texas also banned keeping dogs tethered between 10 p.m. and 6 a.m., and limited tethering to three hours within any 24-hour period. Waco police department animal control chief Clare Crook noted to Waco Tribune-Herald staff writer David Doerr that enforcement may be complicated by thin animal control staffing during night hours, but felt the law would be helpful.

In addition, Texas extended anti-cruelty protection to homeless animals, increased the penalties for dogfighting, banned horse-tripping (a common event in so-called chareada rodeo), and for the first time expressly required that animals be given adequate water.

New York Governor Eliot Spitzer on August 28, 2007 signed into law the first state ban on electrocuting animals for their fur. Spitzer a week earlier endorsed into law a requirement that all fur garments regardless of price be labeled in a manner that accurately identifies the species from which the fur came. A similar federal law exempts garments priced at under $150.

Illinois and Massachusetts in August 2007 became the most recent of 34 states to ban so-called "Internet hunting," in which penned animals are shot with weapons from afar, using a computer mouse or joystick.

Illinois Governor Rod Blagojevich on September 4 signed into law stronger penalties for cockfighting, including the possibility of winning a felony conviction on a first offense. The new law also allows courts to order forfeiture of animals to an animal control officer or animal shelter upon conviction of an animal keeper for cruelty, aggravated cruelty, or torture. In addition, the law elevates injuring or killing a police dog, service animal or rescue dog to a felony.

A new Maine law taking effect on September 21, 2007, pushed by dog breeders, requires anyone other than a state-licensed breeder who advertises puppies or kittens for sale to obtain a $25 permit. Licensed breeders pay $75 per year, and pay $25 per animal sold to the Help Fix Maine Program, to subsidize pet sterilization.