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 BackHOUSE OF REPRESENTATIVES
Committee Report
| Legislation: | HB 276 |
| Sponsor: | Wagner |
| Long Title: | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SPECIFIC OFFENSES. |
| Committee: | JUDICIARY |
| Number of Committee Members: | 8 |
| Date of Report: | 03/12/2008 |
| Committee Vote: | Favorable: | On Its Merits: | Unfavorable: |
| 0 | 5 | 0 |
Purpose of the Bill : This Bill changes the penalty for attending an exhibition where animals fight other animals from a misdemeanor to a class G felony and further changes the statute of limitations for the entire section from 1 year to 5 years, as is the current law with the majority of class F and G felonies.
Committee Findings: : The bill was described by its prime sponsor, Rep. Wagner as a necessary deterrent to aid in combating crimes against animals. Upon enactment, HB 276 will change the penalty for attending an exhibition where animals fight other animals from a misdemeanor charge to a Class G felony and increasing the fine. HB 276 will also increase the statute of limitations from one year to five years. Rep. Wagner pointed out that many states around the country are passing similar legislation in effort to combat animal fighting. The committee members expressed concern about intent. The question raised was whether or not a person who is just in attendance and did not have previous knowledge of the fight and a police raid occurs, would they be charged. Public Defender, Brian Bartley explained that if a situation like this occurred the person in attendance would not be found guilty of a crime because intent was not present.
There was also a fiscal note attacked to HB 276, the Office of the Controller General found that the cost of implementation and housing of inmates who violated HB2 276 would be insignificant.
Rep. Valihura expressed concern about HB 276, because HB 276 and HB 279 are very similar and would like a merge to occur between the two bills.
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