The Preventing Animal Cruelty and Torture (PACT) Act - H.R.724

Congressman Vern Buchanan Press Release:

Two Florida Congressmen successfully got the U.S. House to pass legislation making acts of animal cruelty a federal offense.

The Preventing Animal Cruelty and Torture (PACT) Act (HR 724), sponsored by Sarasota Republican Vern Buchanan and Boca Raton Democrat Ted Deutch, passed overwhelmingly.

“The torture of innocent animals is abhorrent and should be punished to the fullest extent of the law,” Buchanan said. “Passing the PACT Act sends a strong message that this behavior will not be tolerated. Protecting animals from cruelty is a top priority for me and I will continue to work with Congressman Deutch to get this important bill signed into law.”

Buchanan and Deutch earlier this year held a joint press conference with the Humane Society to raise the profile of the issue.

The law follows up on a ban on animal ‘crush’ videos that President Barack Obama signed into law in 2010. While that ban stopped the posting of the videos, Buchanan’s and Deutch’s bill would make the underlying animal cruelty on display a federal crime in itself.

The legislation ultimately attracted 297 co-sponsors, more than enough to guarantee a floor vote.

“Today’s vote is a significant milestone in the bipartisan quest to end animal abuse and protect our pets. This bill sends a clear message that our society does not accept cruelty against animals,” said Deutch.

“We’ve received support from so many Americans from across the country and across the political spectrum. Animal rights activists have stood up for living things that do not have a voice. Law enforcement officers have sought a federal overlay to help them stop animal abusers who are likely to commit acts of violence against people.

“And animal lovers everywhere know this is simply the right thing to do. I’m deeply thankful for all of the advocates who helped us pass this bill, and I look forward to the Senate’s swift passage and the President’s signature.”

The issue has yet to be voted on in the Senate, where Republican Sen. Pat Toomey of Pennsylvania has joined with Democrats Dianne Feinstein of California, Richard Blumenthal of Connecticut and Richard Durbin of Illinois in sponsoring a companion bill.

Police and animal advocates have rallies around the proposed law.

“It is illegal to make videos of animal torture, and it should be illegal to commit those types of inhumane atrocities against defenseless animals in the first place,” said Polk County Sheriff Grady Judd, president of the Major County Sheriffs of America. “We urge Congress to pass the PACT Act.”

Animal rights activists concurred.

“Most people are shocked to know that the U.S. does not have a federal animal cruelty law,” said Holly Gann, Animal Wellness Foundation Director of Federal Affairs. “Enacting this bill sends a signal that our nation has no tolerance for intentional cruelty toward animals.”

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Summary:

“Crushing” and similar abuse of animals would be made illegal and punishable by fines and as long as seven years in prison under H.R. 724.

The bill would build on restrictions on animal “crush videos,” which depict animal torture for the sexual gratification of viewers.

The creation and distribution of the videos was criminalized by the Animal Crush Video Prohibition Act of 2010 (Public Law 111-294). That law didn’t, however, specifically outlaw the act of animal crushing, according to a fact sheet from bill sponsors Rep. Ted Deutch (D-Fla.) and Rep. Vern Buchanan (R-Fla.).

“We’ve acted in the past to stop the horrific trend of animal abuse videos; now it’s time to make the underlying acts of cruelty a crime as well,” Deutch said in a news release.

Criminalization of Animal Torture
The bill would make it unlawful to crush, burn, drown, impale, or otherwise injure mammals, birds, reptiles, or amphibians in connection with interstate or foreign commerce.

As under current law, it would be unlawful to create, sell, or advertise obscene animal crush videos for interstate or international distribution. It would also be unlawful to create crush videos abroad intended for distribution in the U.S., or to bring such videos into the U.S.

People found guilty of crushing animals, or creating or disseminating crush videos, could be fined, imprisoned for as many as seven years, or both.

Exceptions
The bill wouldn’t apply to conduct or videos depicting:

• Normal veterinary practices.
• The slaughter of animals for food.
• Hunting, fishing, and pest control.
• Medical or scientific research.
• Acts necessary to protect the life or property of a person.
• Animal euthanasia.

It wouldn’t be unlawful to give a crush video to a law enforcement agency. The measure also wouldn’t apply to conduct that unintentionally injures or kills an animal.
Enforcement of the bill would have to be consistent with the Religious Freedom Restoration Act (Public Law 103-141) and the bill wouldn’t preempt state or local animal protection laws.

Group Positions
Groups that SUPPORT the bill include Alley Cat Rescue, the Animal Welfare Institute, Fraternal Order of Police, Humane Society of the U.S., and In Defense of Animals.

“More and more, the law enforcement and legal communities recognize that animal cruelty is a serious crime in and of itself, and is closely linked with other violent crimes, especially domestic abuse,” Animal Welfare Action wrote, adding that the measure “would protect our communities from many types of violence.”

The measure is OPPOSED by the Cavalry Group, which wrote that the measure “is setting the stage to criminalize animal ownership out of existence.”

Groups that reported lobbying on the bill include the American Veterinary Medical Association and Animal Wellness Action.

Previous Action
Deutch introduced the bill, called the “Preventing Animal Cruelty and Torture Act” or “PACT Act,” on Jan. 23. It was referred to the House Judiciary Committee, which hasn’t considered it.

He moved on Oct. 16 to place the measure on the consensus calendar, which allows supporters to try to force a floor vote within a specified time frame on legislation with at least 290 cosponsors that committees haven’t acted on.

The measure was cosponsored by 212 Democrats and 81 Republicans as of Oct. 17.

Sen. Pat Toomey (R-Pa.) introduced a companion measure (S. 479) on Feb. 13, which the Senate hasn’t considered. It had 37 cosponsors as of Oct. 17.

The Senate passed similar measures by unanimous consent in the 115th Congress (S. 654) and 114th Congress (S. 1831). Neither were considered by the House.