Rep. Brock Colvin, R-Albertville, listens to a budget presentation in the Alabama Statehouse on Feb. 6, 2024 in Montgomery, Alabama. Colvin’s bill would make pet abandonment a Class A misdemeanor with penalties of up to a year in jail and $6,000 in fines. (Brian Lyman/Alabama Reflector)
An Alabama House committee approved a bill that would establish a separate criminal offense for abandoning dogs and cats.
HB 249, sponsored by Rep. Brock Colvin, R- Albertville, which cleared the House Agriculture and Forestry Committee on a voice vote Wednesday, would define “abandon” as leaving a dog or cat “at a location without providing minimum reasonable care” and classify the crime as a Class A misdemeanor, carrying penalties of up to one year in jail and fines of up to $6,000.
“People are just dropping their dogs off on the side of the road, letting them roam around,” Colvin said to the committee, adding that it’s a prevalent issue in his home district that causes accidents and puts people at risk of dog bites.
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Under current law, animal abandonment falls under Alabama’s broader definition of animal cruelty. While severe cases of cruelty can be prosecuted as felonies, abandonment is not a distinct offense, Colvin said. The legislation pulls abandonment out of the state’s cruelty statute and makes it a criminal offense.
Supporters say that separating abandonment into its own statute will improve enforcement. The American Kennel Club (AKC), which backs the legislation, said in a recent statement that the bill would provide “better clarity regarding the illegality of abandoning a dog or cat in Alabama and the penalties a person may be subject to if convicted of doing so.”
“Proper care and humane treatment includes an adequate and nutritious diet, clean water, safe and clean living and travel conditions, regular veterinary care, kind and responsive human companionship, and training in appropriate behavior,” according to the AKC.
The bill was amended in committee to include an exemption for people who trap, neuter and return feral cats to their original locations.
Some lawmakers questioned how the law would be enforced, asking Colvin how someone would prove an animal was abandoned, raising concerns that cases would be difficult to prosecute without evidence.
Rep. Thomas Jackson, D-Thomasville, asked if it could be enforced based on an accusation, since it could turn into “my word against yours.”
Colvin said that it would have to be proven in court.
For people who no longer want a dog they have, Colvin said, there are animal shelters where people can surrender them.
“I just don’t believe the right course of action is to throw your dog off the side of the road,” he said.
Alabama has some of the weakest animal protection laws in the country, ranking 49th in a 2023 report from the Animal Legal Defense Fund. The report cited the state’s lack of legal protections for seized animals, as well as minimal penalties for cockfighting.
The bill heads to the House floor for a vote.
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