MINNESOTA LEGISLATURE
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The Minnesota Legislature 2023-2024 session adjourned May 20, 2024.
The 2025-2026 session will begin in January 2025. 
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MINNESOTA LEGISLATURE
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BILL STATUS: MN OAP
The Minnesota Office of Animal Protection (MN OAP) bill was introduced during the 2024 legislative session. Bill Numbers: S.F. 3542 (MN Senate) / H.F. 3799 (MN House) Bill Authors (or click here): In Senate:
Senate language: As introduced House language: As introduced Senate: Bill status — Heard in Senate Judiciary and Public Safety Committee UPDATE: Hearing for S.F. 3542 was granted and held on Wednesday, March 20 in the Senate Judiciary and Public Safety Committee at the MN State Capitol, Room G-15. The bill was re-referred to the Senate State and Local Government Committee. House: Bill status — Heard in Public Safety Finance and Policy Committee UPDATE: Hearing for H.F. 3799 was granted and held on Friday, March 15 in the House Public Safety Finance and Policy committee. State Office Building, Room 200. The bill was laid over for possible inclusion in an omnibus bill. STATUS: The Office of Animal Protection bill will not move forward during the 2024 legislative session. While it was a big win to be granted hearings in both the House and Senate, the bill was not funded — due to limited state funds in 2024 (a policy year). However, 2025 is a budget year and we will be back again with support from numerous legislators. Creating an Office of Animal Protection under the Department of Public Safety is a new idea. Legislators needed to be educated on animal cruelty and the need for the office. The 2024 legislative session allowed us to discuss the issue and bill with legislators, and gain significant support. We will continue lobbying and advocating for the bill during the interim months, in preparation for the 2025 session. Please help us continue to generate awareness and support during the Summer and Fall with your own legislators. Learn how at ACTION. |
BILL PURPOSE AND SCOPE: ANIMAL CRUELTY
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Findings
The ongoing occurrence of animal cruelty throughout the State of Minnesota is well-documented, as is the link between animal and human violence. Authorities must be prepared to deal with these crimes. Creation To ensure proper enforcement of animal cruelty crimes, the MN OAP bill establishes an Office of Animal Protection to be housed under the Bureau of Criminal Apprehension (BCA) of the Department of Public Safety. |
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Purpose
The purpose of this bill is to address animal cruelty in a more comprehensive and measurable manner by creating an Office of Animal Protection within the State of Minnesota. This Office will assist criminal justice partners with the prevention, investigation, and prosecution of crimes of animal cruelty, protecting the public's peace, health, and safety.
Scope
The focus of the MN OAP is criminal law. The crime involves all animals. In Minnesota, the definition of "animal" is defined in Minn. Statutes Chapter 343 (Prevention of Cruelty to Animals) as "every living creature, except members of the human race." This bill will assist in the enforcement of chapter 343 and other animal cruelty laws, working to protect all species.
Incremental change
System reform is comprehensive and incremental. Not all will be accomplished day one; making constructive and sustainable reforms of the criminal law system for animal protection requires strategic effort and ongoing review. Actions implemented and pace of reform also depends on funding available.
The purpose of this bill is to address animal cruelty in a more comprehensive and measurable manner by creating an Office of Animal Protection within the State of Minnesota. This Office will assist criminal justice partners with the prevention, investigation, and prosecution of crimes of animal cruelty, protecting the public's peace, health, and safety.
Scope
The focus of the MN OAP is criminal law. The crime involves all animals. In Minnesota, the definition of "animal" is defined in Minn. Statutes Chapter 343 (Prevention of Cruelty to Animals) as "every living creature, except members of the human race." This bill will assist in the enforcement of chapter 343 and other animal cruelty laws, working to protect all species.
Incremental change
System reform is comprehensive and incremental. Not all will be accomplished day one; making constructive and sustainable reforms of the criminal law system for animal protection requires strategic effort and ongoing review. Actions implemented and pace of reform also depends on funding available.
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System Structure: Creation of Office
The first step to providing better protection of animals and people is establishing a state office dedicated to this mission.
As animal cruelty is a crime impacting public safety, this bill creates an Office of Animal Protection under the Bureau of Criminal Apprehension (BCA) of the Minnesota Department of Public Safety, allowing for state policy and funding.
The Office has the authority to create an advisory council with experts in animal cruelty, hire a skilled Director in criminal law, and hire additional staff to execute the duties in the chapter.
As animal cruelty is a crime impacting public safety, this bill creates an Office of Animal Protection under the Bureau of Criminal Apprehension (BCA) of the Minnesota Department of Public Safety, allowing for state policy and funding.
The Office has the authority to create an advisory council with experts in animal cruelty, hire a skilled Director in criminal law, and hire additional staff to execute the duties in the chapter.
Powers and Duties
Key to this Office is assistance — to assist local, state, Tribal, and federal agencies and other criminal justice partners in the enforcement of Minnesota animal cruelty statutes.
Clear leadership and oversight will build and guide expertise in this area of law. Core elements of this system, including services and resources as defined below and in the bill language, will provide structured support.
Clear leadership and oversight will build and guide expertise in this area of law. Core elements of this system, including services and resources as defined below and in the bill language, will provide structured support.
MULTI-DISCIPLINARY APPROACH
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Because of the complexity of animal cruelty cases, the Office of Animal Protection embraces a multi-disciplinary approach.
This approach recognizes the five core disciplines in the enforcement of animal cruelty laws. For successful outcomes, it is necessary for all disciplines to work with each other (unified command), not act as silos.
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Enforcement of animal cruelty laws requires multiple disciplines and skilled expertise
Obtaining a search warrant and securing a crime scene. Examining an animal and documenting forensic veterinary evidence. Caring for seized animals and recognizing the chain of custody. Working with the mentally ill, such as with hoarding, during and after a cruelty case. Filing correct charges and arguing a case in court for a successful conviction. Providing proper sentencing and conditions.
Effective enforcement of animal cruelty law is not limited to investigations alone. The "criminal justice system" also includes the skills of prosecutors and judges, forensic veterinarians, social workers, animal care, and other personnel, all of whom must work together to build a successful case that holds the offender accountable and protects the animal and person.
The five disciplines, cited above, will create an interactive, collaborative system providing advice, expertise, and support for those tasked with enforcing animal cruelty laws.
Example: A key position for this office (when funding is available) is a prosecutor skilled and dedicated to animal law within the Minnesota Attorney General's Office. This position can assist, upon request, county and city attorneys in the prosecution of animal cruelty cases. This position is modeled after other states, where a prosecutor dedicated to animal law has proven to be highly successful for prosecutions of complex animal cruelty cases.
Obtaining a search warrant and securing a crime scene. Examining an animal and documenting forensic veterinary evidence. Caring for seized animals and recognizing the chain of custody. Working with the mentally ill, such as with hoarding, during and after a cruelty case. Filing correct charges and arguing a case in court for a successful conviction. Providing proper sentencing and conditions.
Effective enforcement of animal cruelty law is not limited to investigations alone. The "criminal justice system" also includes the skills of prosecutors and judges, forensic veterinarians, social workers, animal care, and other personnel, all of whom must work together to build a successful case that holds the offender accountable and protects the animal and person.
The five disciplines, cited above, will create an interactive, collaborative system providing advice, expertise, and support for those tasked with enforcing animal cruelty laws.
Example: A key position for this office (when funding is available) is a prosecutor skilled and dedicated to animal law within the Minnesota Attorney General's Office. This position can assist, upon request, county and city attorneys in the prosecution of animal cruelty cases. This position is modeled after other states, where a prosecutor dedicated to animal law has proven to be highly successful for prosecutions of complex animal cruelty cases.
STATEWIDE OUTREACH
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Minnesota is a big state with 87 counties and contains 853 incorporated cities.
In addition to a central command approach, it's important to also understand the specific needs of a community. The MN OAP has the authority to reach out to communities throughout Minnesota to identify needs and challenges pertaining to animal cruelty and assist local, state, Tribal, and federal authorities in the enforcement of animal cruelty cases. The MN OAP can also engage the public on how to help prevent animal cruelty through reporting and other educational measures. NOTE: This is incremental reform. Identification of needs is followed by establishment of standards, protocols and training based on funding. The MN OAP is granted authority to obtain grants and funding to support its efforts. |
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SUPPORT SERVICES AND RESOURCES
Reforming the criminal law system to better protect animals and humans requires support services and resources. Examples are below (and are further detailed within the bill language).
• Enforcement Standards: The MN OAP is given the authority to establish effective enforcement standards and protocols based on community needs and challenges. These protocols lay a foundation for training in animal cruelty, with an understanding of various crimes and species.
• Cross-Discipline Training: The MN OAP is also given the authority to develop and administer cross-disciplinary training for office personnel and criminal justice partners in the prevention, investigation, and prosecution of animal cruelty cases. This training will raise standards across the industry.
• Grants and Funding: Local governments can incur high costs for the housing and care of animals, if animals are seized. Some communities may choose not to pursue cases due to cost. The MN OAP will allow for grants and other funding sources to help reimburse the cost of care for seized animals.
• Enforcement Standards: The MN OAP is given the authority to establish effective enforcement standards and protocols based on community needs and challenges. These protocols lay a foundation for training in animal cruelty, with an understanding of various crimes and species.
• Cross-Discipline Training: The MN OAP is also given the authority to develop and administer cross-disciplinary training for office personnel and criminal justice partners in the prevention, investigation, and prosecution of animal cruelty cases. This training will raise standards across the industry.
• Grants and Funding: Local governments can incur high costs for the housing and care of animals, if animals are seized. Some communities may choose not to pursue cases due to cost. The MN OAP will allow for grants and other funding sources to help reimburse the cost of care for seized animals.
DISCUSSION: ANIMAL CRUELTY ISSUES
To gather credible information and ideas on animal cruelty, including the use of best practices for improved enforcement efforts, the MN OAP may lead discussion on specific topics, define actions, and make recommendations. Examples of topics are below. (Funding will dictate when and what topics can be discussed. Creating the office — first step — allows a state structure to be established to begin these conversations and conduct the necessary research.)
• Animal cruelty reporting. Who to call to report known or suspected animal cruelty can be confusing for the public.
Topic: Explore how best to receive and dispatch complaints of animal cruelty. Such a system may include establishing a 24-hour statewide animal cruelty hotline or other recommendations.
• Centralized crime data: Crime data is critical to assessing the nature and frequency of crimes. Topic: Work with others at the Department of Public Safety to streamline the collection, analysis, and use of data related to animal cruelty crimes; such data can be used in crime-mapping.
• Courtroom advocate program: The courts, too, need assistance in understanding animal cruelty and how best to assess the condition and care of animals prior to and following sentencing. Topic: Evaluate the courtroom advocate program (now in use in multiple states) and its application in Minnesota.
• Prevention and Intervention Measures: Stopping a crime from continuing or escalating to even more severe acts is a critical component of law enforcement efforts. Topic: Explore ideas for the prevention of animal cruelty, including education and awareness campaigns, mental health support, treatment programs, and other measures.
• Cross-Reporting: Animal cruelty is linked to human violence. This violence may be witnessed or suspected by a variety of professions, including social workers and others in contact with vulnerable children and adults or animal-related fields that are exposed to neglect or abuse of people. Topic: Define criteria and recommendations for cross reporting of animal cruelty and the protection and welfare of animals and people.
• Victim Services: Animal cruelty, similar to cruelty of any sort, can result in physical, emotional, legal, or financial trauma for people who witness the act. Topic: Understand the impact of trauma and what services are needed for human victims subject to animal cruelty.
• Animal cruelty reporting. Who to call to report known or suspected animal cruelty can be confusing for the public.
Topic: Explore how best to receive and dispatch complaints of animal cruelty. Such a system may include establishing a 24-hour statewide animal cruelty hotline or other recommendations.
• Centralized crime data: Crime data is critical to assessing the nature and frequency of crimes. Topic: Work with others at the Department of Public Safety to streamline the collection, analysis, and use of data related to animal cruelty crimes; such data can be used in crime-mapping.
• Courtroom advocate program: The courts, too, need assistance in understanding animal cruelty and how best to assess the condition and care of animals prior to and following sentencing. Topic: Evaluate the courtroom advocate program (now in use in multiple states) and its application in Minnesota.
• Prevention and Intervention Measures: Stopping a crime from continuing or escalating to even more severe acts is a critical component of law enforcement efforts. Topic: Explore ideas for the prevention of animal cruelty, including education and awareness campaigns, mental health support, treatment programs, and other measures.
• Cross-Reporting: Animal cruelty is linked to human violence. This violence may be witnessed or suspected by a variety of professions, including social workers and others in contact with vulnerable children and adults or animal-related fields that are exposed to neglect or abuse of people. Topic: Define criteria and recommendations for cross reporting of animal cruelty and the protection and welfare of animals and people.
• Victim Services: Animal cruelty, similar to cruelty of any sort, can result in physical, emotional, legal, or financial trauma for people who witness the act. Topic: Understand the impact of trauma and what services are needed for human victims subject to animal cruelty.