Pago Pago, AMERICAN SAMOA — The House of Representatives has approved in final reading a measure that criminalizes cruelty to law enforcement animals.

The bill sponsored by Tualauta faipule Samuel Meleisea now goes to the Senate for their review and endorsement.

According to the bill it provides penalties for harming law enforcement animals.

“The principal purposes of law enforcement animals is to aid in the detection of criminal activity, enforcement of laws, or apprehension of criminal offenders.”

The bill cited a recent incident that brought to light the importance of recognizing animal cruelty to these law enforcement animals and establishing penalties to protect them from harm. Due to the nature of law enforcement animals, it is important to provide penalties for individuals who would intentionally or negligently inflict harm to them.

This bill proposes to create legislature under chapter 48 of title 46, which reads “harming law enforcement animals.”

“A person commits the crime of harming a law enforcement animal if that person negligently harms or injures a law enforcement animal.

Negligent acts may include but are not limited to depriving an animal of water, shelter, food and necessary medical treatment or attempts or conspires to do so.

“Harming a law enforcement animal is a class A misdemeanor, punishable by a term of imprisonment not to exceed 1 year, a fine not to exceed $1000 or both.”

Furthermore a person commits the crime of harming law enforcement animals if that person intentionally inflicts harm or injuries to a law enforcement animal. Intentional acts may include but are not limited to kicking, burning, stabbing, beating, shooting.

“Intentionally harming a law enforcement animal is a class D felony, punishable by a term of imprisonment not to exceed 5 years, a fine not to exceed $5000, or both.

“If the offense permanently disabled or disfigures the animal, or causes serious bodily injury or death of the law enforcement animals then it will be classified as a class C felony, punishable by a term imprisonment not to exceed 7 years, a fine not to exceed $5,000, or both.”

Title 16 of the American Samoa Code Annotated currently enforces putting down vicious animals and states that a vicious animal is labeled as one that has made an attack on a person whether or not the attack resulted in any injuries to the person; bitten any person; or displays snarling, snapping, growling, clawing or other behavior which tends to intimidate, frighten or subdue a person.

“Animals which display the behavior described in subsection (b) upon command of an owner or keeper are considered vicious animals under this section.

“This section shall be enforced and animals shall be seized by the Department of Public Safety upon its own initiative and upon formal complaint by a person or guardian or parent of a person attacked, bitten or otherwise harassed by a vicious animal.

“An animal seized under this section must be inspected by the Department of Agriculture officials and be destroyed within 48 hours if the officials confirm its vicious behavior. The Department of Agriculture shall handle the destruction of such animals in a reasonably humane manner.

“Any person who imports or possesses a vicious animal in the territory is guilty of a class A misdemeanor.

“If such animal causes injury to a person in an unprovoked attack then the importer or possessor is guilty of a class D felony.”