Senator proposes felony charge for puppy mills
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Senator proposes felony charge for puppy mills


By Mal Leary
Capitol News Service
AUGUSTA, Maine — Operators of animal breeding facilities often called “puppy mills” that do not follow state rules could be charged with a felony under a measure lawmakers will consider in January.

“We need to do whatever we can to prevent these sorts of egregious situations from happening in Maine,” said Sen. Barry Hobbins, D-Saco. “This would allow a felony charge when you have a situation like we have seen in one town in my district and give a judge more flexibility to fashion appropriate probation conditions.”

In 2007, police and animal welfare officers raided a kennel in Buxton and found 250 dogs and puppies, many suffering from serious health problems. The owners were charged with operating an unlicensed kennel, as well as animal cruelty and failure to provide necessary medical treatment to animals.

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"While there were many misdemeanor charges, there is not a charge to take into account the magnitude of the offense,” Hobbins said. “This would allow that.”

He said the local district attorney, Mark Lawrence, brought the issue of establishing a new crime for operating a large puppy mill to his attention. A lawyer and member of the Legislature’s Judiciary Committee, Hobbins convinced legislative leaders to allow the measure into the session.

He said creating the felony offense would allow more flexibility for a judge in fashioning penalties and setting conditions of the probation of a convicted offender. For example under his proposed legislation, a judge could set as a condition that the person be banned from operating a kennel for a period of time or require paying for the cost of caring for the abused or neglected animals.

A misdemeanor carries a maximum of less than a year in the county jail, while a felony could mean up to five years in a state correctional facility.

Norma Worley, director of the State Animal Welfare Program said she has not seen a draft of Hobbins’ bill, but believes any legislation that will allow more flexibility in fashioning penalties would be an improvement. She said enforcement actions against large operations are costly.

“We still have not recovered from that 2007 case,” she said. “There were a lot of seriously sick dogs and puppies that had to be cared for and we just don’t have the budget to handle those large cases.”

Worley said that while large cases are the exception there are a lot of smaller cases every year where her agency, local humane societies and volunteers step in to care for animals that need both treatment and adequate nutrition. She said it can take months before a dog or puppy is ready for adoption.

“When you have a case with five or 10 dogs, that is within the realm of our budget,” she said. “But these large cases, we just don’t have the resources.”

Worley said while there are serious problems with some kennel owners that warrant tougher laws, most follow existing laws and most care about the animals they are raising to be someone’s pet.

Katie Lisnick, Maine director of the Humane Society of the United States agrees and says the state has few problems compared to other states.

“It is not as large a problem as it is say in the Midwest,” she said. “They have some huge, huge, huge facilities.”

But Lisnick added that in a rural state like Maine the problem might be larger than it appears because many cases go unnoticed. She said legislation such as the measure Hobbins has proposed is helpful in providing more tools for law enforcement to use in combating what amounts to animal abuse by some breeders.

“It’s fantastic to have as many options available to prosecutors and to judges as possible because each case is different,” she said. “I think those large cases should be taken very seriously.”

Hobbins said he has been pleased and surprised at the intensity of animal advocates he has spoken with about his proposal and the issues of animal cruelty and abuse. He said many have told him the elevation of serious abuse cases to a felony will act as a deterrent to some puppy mill operators.

Lisnick said anyone planning to buy a puppy, particularly in this holiday season, should take the time to visit the kennel where the puppy was born and check out the treatment of the dogs and the cleanliness of the facility.

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Comments
32 comments on this item

Way to focus on the budget, economy and jobs, Barry. Puppy mills are a rarity in Maine, and when prosecuted, the current laws suffice. Filling our overcrowded jails with non-violent offenders costs money...TAXPAYER money, Barry.

Puppy mills and the people who run them are disgusting scourges on society. These people should be treated like Michael Vick. They're like modern day Mengeles.

They take advantage of animals by over breeding them, they create unhealthy situations that result in animals cruelly dieing, and they sell sick animals to people who want nothing more than a healthy pet for the money they pay.

The people who do nothing but rail about money, the economy, and taxation certainly miss the point of advocating for a healthy society.

My hat's off to Sen. Bobbins for addressing a serious problem.

It would be nice to be able to check out the specifics of the law. I believe we have some owners of just 1 or 2 dogs who actually abuse animals worse than most puppy mills. How much time do those folks get?

QUOTE “It’s fantastic to have as many options available to prosecutors and to judges as possible because each case is different,” she said. “I think those large cases should be taken very seriously.” UNQUOTE Again, we the readers, don't know what options are available... I'd like to see the specifics before making a judgement call.

Beelzebubba- You call them non-violent, they ARE violent, they are violent to animals!!!!!!

I think this is a great law and hope to he!! it passes! I also think that any abuser of an animal deserves to be charged with a felony, not just the puppy mills, people that abuse animals often time abuse people! I have a rescue cat that someone threw in to a CLOSED dumpster (no way this 6 week old kitten could have got into the dumpster by himself) like a piece of trash, had some one not found him he would be dead in a landfill right now instead of lounging around my home! They never found the person that did this to him but if they had I think he should have been charged with a felony because to this day the cat has trust issues, not with me but mainly men (it was probably some tough guy that did that to him). You have to be really tough to hurt and mistreat a defenseless animal that loves you unconditionaly!

Go beelzebubba

I fully support this! Not just for those that run puppy mills, but also those who neglect and abuse their pets. There is a poor dog in my neighborhood that I have never seen unchained from a poled in the back corner of a dingy back yard. Every time my dog and I walk by, this poor dog is still there.... Chained to that stupid pole... The poor thing must have a miserable existence. It just breaks my heart.

People who would treat their animals with such cruelty and dis-regard for their health and safety should face strict consequences. Abuse is Abuse.

Stronger penalties are very deserved in extreme cases like the one in Buxton. Make it law.

High fines for pet abusers and take the pet away. hit their pockets hard.

Probably the worst abuse of animals occurs at local animal shelters. We went to look for a dog for the grand kids at a county run dog pound and found the ammonia in the air to be strong enough to peel paint off the wall, dogs were laying in their own poop, and some had bite marks on them because they fought while being released to walk outdoor, at the same time, improperly supervised. ALL municipal dog pounds I have visited in the last 15 years are like this. The dogs may have all their shots, but they are kept in torture chambers.

If people would stop buying dogs from these places, they would soon go out of business. There is a licensing requirement in Maine so lets check Uncle Henrys and go after the mills selling without proper licensing. Inspect the ones that are licensed once a year.

They say, (I don't know who "they" are, but I agree with them), that one measure of a civilized nation is how that society treats its animals. Maine has taken a giant leap forward since Norma Worley has come to town. She is doing a great job with the money and resources given to her, and the Puppy Mill Felony bill will help her do her job even better. Give the woman a raise and all the money she needs to continue her efforts at making "Maine, The Way Life Should be for pets."

The article does not define what a 'puppy mill' is.

Comments made above often site dog owners who have one dog.

All I see here is confusion.

OK, let's clear up the confusion. Get us a "puppy mill" felony law, as well as a feonly law for those who abuse or intentionally neglect family pets. Science and experience have shown tme and again that those who are cruel to animals may/will be cruel to their fellow man. And as for the post about the poor dog tied out in the back yard; Maine already has a law concerning proper food and shelter. Take the resposibility to call whomever it is that investigates such things in your neck of the woods. I personally hate animal abusers. And believe me, that is a very strong word for me to use.

domestic assault and assault are not even felonies but yet \johnny liberall wants aniamal abuse to be. dont get me wrong beating or abusing a helpless animal is messed up but i think that you need to get your priorities straight and address a bigger problem

Whether it be a puppy mill or a factory farm, what is taking place is a huge tragedy that needs to be addressed immediately-it has gone on far too long. Unless you research what is actually going on behind closed doors, will you realize the severity and horrendous conditions animals are forced to endure. Animal abuse of any kind should most DEFINITELY be a felony-if you are harming another life, especially one that has no voice and cannot defend itself, you deserve to be punished!

I am shocked and saddened by some of the comments posted here. I have lived long enough to learn that we all matter: children, adults, seniors, challenged individuals, and yes ANIMALS. Abuse of any kind is always wrong and should never be condoned. The comment about watching pigs be slaughtered bothers me particularly. These animals are brighter than dogs and certainly much more than meat. Slaughter is decidedly not pleasant for any animal who experiences it! Our laws about animal abuse need to extend to the slaughter house but dealing with companion animals is a very good place to begin.

Cost too much?? Well, many of us know the link between animal abuse and human abuse. We know this holding another to account MUST begin here with animals.

Once again, may say, we ALL matter and I long for the day when each of us lives his or her life committed to that goal of deepest compassion.

I say pass the bill. Put them right behind bars for awhile.

quasimondo: probably posed nude for PeTA! It's Hobbins not Bobbins!

Amazed: very good point!

Tysmom: Great law and no one's read it. You sound like nobama.

leumas: you know!

Worley's department is so far over budget, she can't rescue that poor thing tied to a pole.

Amazed, northwoods and lobsterman- great comments and i am in complete agreement. Not enough specifics on this and penalties needs to fit the crime.

Why do we come up with new laws. Animals will have more protection then people. Why do we come up with hate crime laws. Any crime commited against someone is hatefull. Are society is getting so mest up. Parents call the police to handle there children. Police can handcuff, taser children, old folks, and people with mental health issues. Yet having people in Mental Healh Facilities for long periods is inhumane and spankng children is abuse. The same people that allow this think its okay for teens to have sex and six graders tohave birth control. Lets focus on humans. I love animals. But people first.

This is a way for some politicians to appear to be "doing something". We have bigger fish to fry, Barry. How about coming up with a realistic plan to:

1) Lower the ridiculous state income tax top bracket of 8.5%, which is outrageous;

2) Look at all taxes comprehensively, with a view to providing stable revenue for needed government programs;

3) Making sure that "needed" really means "needed".

I am really sick and tired of legislation that gives gullible taxpayers and voters the appearance of "doing something". Such legislation usually "does something", all right - it usually creates unforeseen consequences down the road.

When going to buy a puppy, ask if you can see inside the kennels. If the answer is no, look at another place to purchase your new pet.

The animal shelters I've visited in Watervillle, Bangor and Skowhegan, have all been clean and neat. I have and would again adopt a pet from one of them. I say pass the law! Let's protect the animals everywhere.

The words, "Animal Cruelty" bring to mind vile and horrible things happening to animals and those things make all of us shudder, but please step back and understand what is really going on here. Norma Worley is riding rough shod over the Dept of Animal Welfare. Her goal is to stop breeding kennels altogether and pet ownership. She has taken a very radical approach to protecting Maine's animals which includes the reduction or elimination of breeding facilities. Don't be fooled, in her book the words, "Animal Cruelty" is painted with a very broad brush. Animal cruelty can and will include a puppy with fleas, worms or any other minor infliction. Norma Worley currently has virtually unbridled power in that department, too much power, and to add this arrow to her quiver of authoritarian abuses would be a dangerous thing indeed. With her pen, she can make the most benign of situations appear as a sink hole of deplorable conditions. I urge you to take time and think this thing through before jumping onboard this bandwagon.

About time!

Thinks it should be a felony to become pregnant and bring a child into poverty. Let's get our priorities straight...protect humans before animals!

Animals are God's creatures too. Anyone who would mistreat an animal, has serious mental issues. It has been proven over and over, that abusive and violent people often start off by mistreating helpless animals. These people are disturbed in the worst sense of that word. Evil.....

Caveman- I do not understand what you are tryimg to say nor do I really care!!!!!!!!

I care about animals, but could our elected officials concentrate on the budget and employment for once. How do they expect us to pay for enforcement of another law?

I back this bill 100% ! I also believe that it should be law for anyone who is in possion of an animal PROVIDE PROOF OF SPAYING

OR NEUTERING or FORFIET the animal! It's about time we stop being so complacent about overpopulation of our animal sherlters and ignorant

people who abuse and neglect innocent beings who have no voice. Thank you Norma Worley for starting the ball rolling in the right direction.

from the article: "A lawyer and member of the Legislature’s Judiciary Committee, Hobbins convinced legislative leaders to allow the measure into the session. He said creating the felony offense would allow more flexibility for a judge in fashioning penalties and setting conditions of the probation of a convicted offender. For example under his proposed legislation, a judge could set as a condition that the person be banned from operating a kennel for a period of time or require paying for the cost of caring for the abused or neglected animals."

*****************************************

As a lawyer, Hobbins should know that both these examples of penalties have already been placed on defendants by judges. So, either the penalties above are not lawful under the sentencing guidelines at this time and the judge illegally meted out these penalties to numerous defendants OR the judges already have the authority under the sentencing guidelines to render these types of punishments and Hobbins is just a stupid tard who doesn't know his a$$ from a hole in the ground.......

You should all take KevinS very seriously, he is 100% correct in his assessment. Worley is a PETA pal, and you should do a little research on her past in California. Yup, she's a flatlander.

Snowe and Collins get tons of PAC money from Big Pharma, I wonder if Hobbins is getting PAC money from PETA?

Arfe you reading this Hobbins? What is it deah??? Hmmm???? Are you getting big bucks (bribes) to do PETA's bidding, or are you trying to get an unlawful judicial practice authorized by law, or are you just ignorant of the current sentencing guidelines and will just pimp yourself out to the highest bidder?

I hold great animous toward those who would harm animals. However, I do not trust the way some would take advantage of extremely punitive anti-abuse statutes to advance their own agenda.

Can we assure the definitions of abuse will always be set by reasonable individuals representing views held by the majority? Or will abuse soon be defined by those who don't want people to have pets, or farmers to raise livestock? Will abuse always be what most of us consider reprehensible? Or will it become ownership (some feel owning animals is akin to owning slaves), or giving a dog a rabies shot (some feel vaccinations cause disorders), or failing to let a cat roam loose outside (some feel keeping a cat indoors is imprisonment)? Would hunting soon be a felony? How about using a service dog?

Yes, individuals who inflict pain and suffering on the defenseless should be stopped, and punished. The question is, would this proposed law actually accomplish the goal? Would it be more successful than the many statutes that already exist?

If we study those instances where abuse has occurred and determine where the weaknesses exist in (either the language or execution of) current statutes, we find it lies in the fact that laws are broken by those who refuse to be governed. Putting law-abiding pet owners and farmers in more jeopardy from extremists and the radical animal rights agenda will not change that, but will affect all who wish to spend their lives caring for and enjoying the companionship of animals. The very people who are doing the right things for animals will suffer, and that means animals will suffer.

So, stepping up enforcement of strongly punitive, existing regulations is much better than opening the door for further damage to be done to our citizens by their govenment. If this law would successfully end abuse, I'd support it. But it will only allow extremists to continue taking advantage of our wish to protect our animals, and result in innocent people facing prosecution and having their lives destroyed because they happened to be noticed and therefore targeted by the animal rights faction.

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