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Exposing the Big Game

Mississippi passes bill making animal torture an automatic felony; Iowa is now the only outlier in nation

July 2, 2020 0 Comments

Mississippi passes bill making animal torture an automatic felony; Iowa is now the only outlier in nation

The Iowa law, signed on June 29, provides much-needed upgrades to the state’s animal cruelty law, including requiring outdoor shelter, grooming and veterinary care for dogs. Photo by Meredith Lee/The HSUSShare1KTweetRedditEmail1KSHARES

We have good news to share from Mississippi and Iowa, the only two states in the nation without a law on the books that would make acts of animal torture, like burning, drowning and intentional starvation, an automatic felony. Recently, Mississippi’s state legislature passed a bill that would do exactly this. And although we are still fighting for a similar outcome in Iowa, we are pleased to report that the state recently made its first significant update to its domestic animal cruelty law in 20 years.

The win in Mississippi is an especially proud moment for us here at the Humane Society of the United States, because we have led the battle for a felony animal cruelty law there for more than a decade. The final bill that passed the statehouse on July 1 mimics language from the federal PACT Act, which we also pushed for and which was signed into law last year. While the federal law allows prosecutors to bring federal felony charges when these acts occur within federal jurisdiction or when animals are moved across state lines, or the internet is used as part of a criminal enterprise, a state law is needed to prosecute those who commit violent acts against animals on Mississippi soil.

The bill that passed in the state increases the penalty for egregious animal abuse such as torture and intentional starvation from a misdemeanor to a felony, and prohibits ownership of dogs and cats for a period set by the court after conviction. It also addresses an oddity in the law that allows the defendant to be charged with just one misdemeanor no matter how many animals were abused.

We applaud Mississippi lawmakers for passing the bill, and we urge the governor to sign it into law. We are especially grateful to Mississippi state Sen. Angela Hill for her dedication to sponsor the bill year after year, and Sen. Brice Wiggins, Rep. Jill Ford, and Speaker Phillip Gunn for supporting and promoting its passage. A strong law against animal torture doesn’t just protect animals; it protects people of the state as well. We now know that violent behavior toward animals has been continuously linked with other forms of criminal violence, including child abuse and domestic violence, making it all the more important to catch and stop those who commit acts of animal abuse early.

The Iowa law, signed on June 29, provides much-needed upgrades to the state’s animal cruelty law, including requiring outdoor shelter, grooming and veterinary care for dogs. Puppy mill owners with a previous conviction for animal cruelty would face a felony penalty for abuse or neglect if the act causes serious injury or leads to the animal dying.

The law, which passed despite strong opposition from the American Kennel Club and puppy mill operators, including some who appear on the HSUS Horrible Hundred list, also strikes nonsensical language in a previous law that allowed charges to be filed only if a person committed abuse against an animal owned by another person and exempted owners from charges when they abused their own animals.

While these changes will certainly improve the quality of life for animals in Iowa, we are saddened that the Iowa General Assembly missed an opportunity to join the rest of the country in making the torture of companion animals an automatic felony. Language that would have done so was included in the original bill, but lawmakers beholden to Iowa’s agriculture industry pressured their colleagues to strip it from the bill. Most Iowans support such a law, and a Remington Research poll in December 2019 showed 69% of Iowans believe domestic animal torture should be a felony charge.

Iowa is now a glaring outlier in our nation where the justice system and all levels of government have, just in the past five years, made tremendous progress in recognizing the link between human and animal cruelty. In addition to the PACT Act becoming law last year, the FBI has added animal cruelty as a separate category in the National Incident Based Reporting System, classifying it as a crime against society, the same category as rape and murder. The National Sheriffs Association created its first Animal Cruelty Committee and houses the National Law Enforcement Center on Animal Abuse, ensuring that the country’s law enforcement community has the best knowledge and resources at its disposal to combat animal cruelty. The Joint Counterterrorism Assessment Team, made up of the FBI, Department of Homeland Security and National Counterterrorism Center, determined in July 2018 that premeditated animal cruelty is a possible warning sign for terrorism.

We congratulate Iowa on strengthening protections for animals, and we now urge lawmakers there to quickly pass a bill joining the rest of the nation in making animal cruelty an automatic felony. By ensuring that the worst acts of animal torture do not go unpunished, they would not just make their state more humane for its animals, but they would also be ensuring the long-term safety of their citizens.

Chicken plants raided by ICE ‘willfully and unlawfully’ hired unauthorized workers: court documents

Almost all of the Mississippi chicken plants raided by Immigration and Customs Enforcement (ICE) officials on Wednesday were “willfully and unlawfully” employing people without proper work documentation authorizing them to hold jobs in the U.S., according to unsealed court documents.

Federal investigators who executed the raid on seven plants in all arrested 680 people, drawing in part on informant information — in what’s been described as the largest immigration raid in a decade. (Roughly 30 of those arrested were released on humanitarian grounds, while another 270 were released after being processed by ICE, the U.S. Attorney’s Office for the Southern District of Mississippi said Thursday.)

ICE RAIDS ON MISSISSIPPI FOOD PROCESSING PLANTS RESULT IN 680 ARRESTS

Handcuffed workers await transportation to a processing center following a raid by U.S. immigration officials at Koch Foods Inc., plant in Morton, Miss. U.S. immigration officials raided several Mississippi food processing plants on Wednesday and signaled that the early-morning strikes were part of a large-scale operation targeting owners as well as employees. (AP Photo/Rogelio V. Solis)

Handcuffed workers await transportation to a processing center following a raid by U.S. immigration officials at Koch Foods Inc., plant in Morton, Miss. U.S. immigration officials raided several Mississippi food processing plants on Wednesday and signaled that the early-morning strikes were part of a large-scale operation targeting owners as well as employees. (AP Photo/Rogelio V. Solis) (AP)

An informant posing as a worker at the latter of two chicken processing plants, PH Food Inc. in Morton and A&B Inc. in Pelahatchie, told Homeland Security investigators that both are owned by a Chinese man from California, Huo You Liang, more commonly referred to as Victor by his employees in Mississippi. The informant contended that Victor, as well as managers at other plants, did not follow state regulations which require employers to utilize E-Verify, a federal electronic verification system, to validate the authenticity of work documents including identification, Social Security numbers and tax information.

“The payroll companies as well as PH Food Inc. and A&B Inc. do not verify the authenticity of their documents,” the informant told investigators, according to court documents, allowing employees to use their real names supported by fake documents to get hired.

Another informant at PH Food said that the majority of the 240 employees at PH’s plant as well as 80 employees at A&B’s plant employed many Guatemalan immigrants lacking in proper work authorizations and documentation.

NEARLY HALF OF ALL ILLEGAL IMMIGRANTS NABBED IN MISSISSIPPI ICE RAID RELEASED ON ‘HUMANITARIAN GROUNDS’

In addition, investigators gathered evidence from electronic monitoring bracelets from migrants who had previously been arrested for immigration violations — thus barring them from employment in the U.S. — and noted that all seven raided plants employed these immigrants illegally.

Three members of the House Oversight Committee Friday sent a letter to Attorney General William Barr and Acting Secretary of Homeland Security Kevin McAleenan asking that, among other things, documents and information be turned over showing whether the companies involved in the Mississippi raids would be facing criminal charges or other fines and penalties for hiring illegal immigrants.

The letter, signed by panel chairs Rep. Elijah Cummings, D-Md., Bennie Thompson, D-Miss., and Rep. Jamie Raskin, D-Md., requested documents on “whether any owners, employers or individuals otherwise responsible for hiring at targeted worksites were charged and the nature of those charges.”

“It appears that these DOJ and ICE enforcement actions are targeting only immigrant workers and not their employers,” the letter said.

Bringing criminal charges against companies that illegally hire workers is difficult because prosecutors must prove that the employer did so knowingly, a claim easily rebutted via claims of being duped by fraudulent documentation.

The Associated Press contributed to this report.