TOPEKA — Posting a “Wizard of Oz” meme and accusing Gov. Laura Kelly of “political spite,” House Speaker Dan Hawkins led the charge to make those who severely injure or kill police dogs pay for their medical care or funerals.
House Bill 2583, known as “Bane’s Law,” was inspired by a Sedgwick County service dog named Bane that was killed last year by a fleeing suspect the dog had chased into a sewer drain.
Kelly vetoed the bill but on Monday was overridden 105-20 in the House and 29-10 in the Senate The law increases penalties for inflicting harm on law enforcement animals, including horses. The felony crime is now punishable by a minimum of 90 days in jail and a minimum fine of $10,000.
During the incarceration period, the perpetrator also will have to go through a psychological evaluation and completion of an anger management program as a condition of probation, although this provision is already included in Kansas statute.
The bill was introduced by Hawkins, R-Wichita, and Rep. Stephen Owens, R-Hesston, earlier in the session. Kansas statute previously required a minimum of 30 days in jail and a fine of more than $500 and less than $5,000 for the crime of severely harming or killing police dogs.
In her veto explanation, Kelly said the death of law enforcement animals is always a tragedy, but the heightened sentencing, psychological evaluation and anger management requirements were not mandated for other, more severe offenses.
“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,” Kelly said. “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.”
In response, Hawkins posted on X a meme of Kelly photoshopped into a picture of the Wicked Witch of the West from “The Wizard of Oz,” with the caption, “I’ll get you law enforcement, and your little dogs too!” Underneath, he wrote: “Don’t forget Gov. Kelly vetoed a bill increasing penalties for killing or injuring police dogs out of pure political spite.”
Others shared Kelly’s concerns about the implications of the bill’s heightened punishments.
Because people who harm or kill these animals under the law are now responsible for restitution to the law enforcement agency — paying for the injured animal’s medical treatment, as well as funeral expenses if the animal dies, and the cost of replacing and training a new animal — expenses can be thousands of dollars, adding an additional burden to the jail time and fine.
Rep. Ford Carr, D-Wichita, mentioned the historical use of police dogs to harm people fighting for equality during the Civil Rights movement in previous bill debate.
“We should trust the police, but oftentimes we can’t, and that’s an issue,” Carr said during Monday’s House veto override debate.
Rep. Timothy Johnson, R-Basehor, who worked for decades in law enforcement and had experience with police dog training, pushed back on Carr’s claims. Johnson said the dogs were highly trained for all circumstances.
“They are not used as bite dogs. That is not their focus,” Johnson said. “… They become your family. I had one of the most wonderful German Shepherds in my entire life experience. We literally had a family funeral when he passed away. That animal would obey every and any command. I could walk in a schoolhouse among children and you would never know. Please, do not equate things that happened in the 1960s, in the ‘50s, with the way training is done now. It’s not allowed.”
Owens brought up the circumstance of Bane’s death in his defense of the bill, emphasizing K-9 officers’ role in protecting officers.
“That defendant brutally kicked that dog and caused significant internal damage to the point it was so weak that that individual was able to strangle that dog to death,” Owens said. “I want you to think if we had sent a law enforcement officer down there, how that might have played out.”
