Why Gov. Kelly vetoed bill increasing penalties for killing or harming police animals

Kansas Gov. Laura Kelly has vetoed a bill that would have increased the criminal penalties for harming or killing police animals, such as dogs or horses.

The bill is a response to the November 2023 death of 8-year-old Wichita police dog Bane, who was strangled to death after following the suspect into a storm drain.

Kelly, a Democrat, said that the death of a law enforcement animal is a tragedy and agreed those responsible for the harm of an animal should be punished. But she disagreed with the legislation’s harsh sentencing requirements.

“While the intention of this bill is commendable, this legislation needs further evaluation and study,” she said in a statement Friday. “First, House Bill 2583 imposes mandatory minimum sentences that disregard important factors that should be left to the discretion of a judge through the regular sentencing process.

“Second, the mandatory sentences are out of line with other, more severe crimes without justification for why that is required. Third, 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,” Kelly continued.

The bill was approved by a wide margin in the House 115-6, surpassing the two-thirds majority needed to strike down Kelly’s veto. The Senate, however, came up two votes short of a veto-proof majority.

Rep. Stephen Owens, a Hesston Republican who sponsored the legislation, said he is optimistic the Legislature will garner the votes necessary to override the veto.

The current penalty for killing a police dog – since the law does not specifically mention horses – is a minimum prison sentence of 30 days with up to one year imprisonment and a fine between $500 to $5,000.

The new policy would increase those penalties to a minimum of 90 days imprisonment and a minimum $10,000 fine on top of paying for the animal’s veterinary treatment, funeral, burial and replacement.

During the mandatory, three-month sentence, the suspect would have to complete a psychological evaluation and an anger management program as a condition of their probation.

The severity of the felony would increase if the crime was committed while the suspect was fleeing from custody or interfering with law enforcement.

Owens said it was unfortunate that Kelly would veto a bill heavily supported by law enforcement and backed by the Legislature.

He said the penalties, while they are severe, are necessary. Because police animals are only deployed in the most extreme circumstances – such as when a suspect is evading arrest – they are often put in dangerous situations where they need extra protection, he said.

“I think that if we’re going to treat these animals for what they are – which are truly partners for law enforcement agencies – that penalty needs to be very severe,” he said.

But opponents of the bill argue that while protecting police animals is important, the penalties outlined in the bill are too harsh.

Sen. Ethan Corson, a Prairie Village Democrat, pointed out in a floor debate last month that the bill would make arson or stealing $100,000 or more in property less severe than killing a police animal.

“I think there is a lack of proportionality with what these enhancements would be for harming or injuring a police animal,” he said. “As costly as those are, as important to law enforcement as those are, as valuable as those are, I can’t put them on par with all of these crimes that involve harm to actual Kansans or significant harm to somebody’s home.”

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