Gov. Laura Kelly on Friday vetoed a bill toughening the penalties for injuring or killing a police dog, saying that the mandatory sentences are out of line with other, more severe crimes without any justification.
“The death of any law enforcement animal is a tragedy,” Kelly said in a statement.
“There is no question we should hold those responsible accountable for their actions,” she said.
“While the intention of this bill is commendable, this legislation needs further evaluation and study.”
House Speaker Dan Hawkins, who has been at odds with Kelly over expanding Medicaid throughout the session, called the veto “truly appalling” and attributed it to “political pettiness.” He called it a “slap in the face” to law enforcement.
The bill was introduced in response to the case of a K-9 killed in the line of duty last year chasing down a criminal suspect in Sedgwick County.
Bane was killed after being strangled to death by a Wichita man who fled police and ran into a large storm drain. A Wichita police K-9 was killed in the line of duty in 2017.
The bill, approved 25-15 in the Senate and 115-6 in the House, would make harming a police dog that results in disability or death a level four, nonperson felony, which carries sentence of 38 to 43 months in jail without a record.
If the dog is injured or killed during while eluding police, interfering with law enforcement or escaping custody, the offense would be a level three nonperson felony, which carries a jail sentence of 55 to 61 months without a record.
An offender could face a minimum of a $10,000 fine plus a mandatory minimum of 90 days in jail. They also would be required to undergo a psychological evaluation and completion of an anger management program as a condition of probation.
Kelly said the bill imposes mandatory minimum sentences that “disregard important factors that should be left to the discretion of a judge.”
She also said the mandatory sentences are out of line with other, more severe crimes without justification.
“While the requirement for a psychological evaluation and anger management program are important, we do not apply this same standard to many other heinous crimes,” she said.
The bill was backed Hawkins, who made a rare appearance at a House committee meeting when the bill was first heard.
Hawkins and Kelly have been at odds throughout the legislative session over Medicaid expansion. Kelly has repeatedly criticized Republicans leaders for blocking expansion.
Hawkins didn’t mention Medicaid expansion but he clearly thought the veto was political.
“Most heartbreaking is the thought of how many more police dogs could be injured or lose their lives in service due to this political stunt,” Hawkins said.
“An incredible amount of time, effort, and funding goes into the intense training these highly specialized police dogs and horses receive.
“The fact that the current criminal penalties for harming a police animal are lower than other animal cruelty laws is a disgrace to both them and their caretaker officers.
“This veto is a slap in the face of all law enforcement.”
During debate on the House floor, the legislation drew opposition from Democratic state Rep. Ford Carr of Wichita who recalled how police dogs were used to attack African Americans during the civil rights protests of the 1960s.
“When I think of particularly the German shepherd, the picture that always comes to mind is how the police released those dogs on those people that looked like me for doing nothing more than peaceful protests,” Carr said.
Carr said the bill was “somewhat of a knee-jerk reaction” to what happened to the police dog in Sedgwick County.
“Would you stand there and be beaten? Probably not. You would defend yourself. I would venture to say that dog was incapable of having a conversation with that individual or asking that individual to simply come out peacefully.”
Supporters of the bill said dogs play an important role in law enforcement, whether it’s looking for missing children and seniors, hunting down suspects, sniffing out drugs or searching for explosives.
They said their speed, hearing, night vision and sense of smell are superior to humans’, making them ideally suited for law enforcement.
Testimony on the bill indicated that it can cost $18,000 to replace the dogs and send them through training. The new law requires restitution, including the cost for veterinary medical
treatment, funeral and burial expenses and replacement of the dog.
Replacement costs shall include, but not be limited to, training costs, personnel expenses and costs associated with boarding the animal during training.
Lenexa Police Sgt. Ryan Sumner, the regional director for the National Police Canine Association, spent 16 years as a K-9 handler.
“They save citizens’ and police officers’ lives daily when searching for suspects that committed violent crimes or a missing elder or a missing child that need to be found because it’s too cold outside,” Sumner told lawmakers at a House hearing.
“They’re courageous, loyal and do all the above tasks mentioned for just a little bit of praise: a pat on the head, good boy, good girl,” he said. “That’s the only reason they do it, just for praise from Mom or Dad, whoever their handler is.”
