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What it is

Proposal to toughen penalties for animal abuse and abandonment

Admitted step 2 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 26 January 2018. Introduced by: Grupo Parlamentario Confederal de Unidos Podemos-En Comú Podem-En Marea.

Official title: Private member's bill to amend the Penal Code on animal abuse (Organic).

Source: Congreso de los Diputados, file 122/000170· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would extend criminal protection to vertebrate animals, including wild ones, which are currently excluded, and would replace the term "explotación sexual" (sexual exploitation) with "abuso sexual" (sexual abuse) to cover any kind of sexual aggression against the animal.
  2. It would raise prison sentences for animal abuse: from six months to two years and six months for the basic offense, and from two years and one day to three years if the animal dies, so the most serious cases exceed two years and can lead to actual prison time.
  3. It would expand the list of aggravating circumstances from four to eight, adding the use of another animal as an instrument, abuse by the person responsible for the animal's care, organized crime, and profit-making activity. In those cases, sentences would be imposed in the upper half of the range, along with permanent loss of ownership or possession of the animal.
  4. It would also toughen penalties for cruelty and abandonment: cruel treatment of a vertebrate animal or of any other animal in an unauthorized show would carry three months to one year in prison, and abandonment in dangerous conditions would carry the same prison sentence instead of only a fine.
  5. It would create a new penalty: permanent loss of the right of ownership and/or possession of the abused animal, so the judge can permanently remove the animal from the abuser.
  6. This is a bill introduced by Unidos Podemos-En Comú Podem-En Marea and accepted for processing by the Congress of Deputies (Congreso de los Diputados); it is not an approved law. If passed, it would take effect the day it is published in the Boletín Oficial del Estado (official state gazette).

Who it affects

  • People who abuse or abandon vertebrate animals: They would face higher prison sentences and permanent loss of the animal.
  • People whose jobs or businesses involve animals: They could receive longer special bans from working with animals and from owning them.
  • Animal owners and caregivers: They could permanently lose ownership or possession of the animal if they abuse it.
  • Judges and courts: They would have more aggravating circumstances and a new penalty to protect abused animals.

Words worth knowing

Tipo básico
The simplest version of a crime, with no aggravating circumstances.
Inhabilitación especial
A penalty that bars the convicted person from doing something specific, such as owning animals or working in a trade, for the period set by the judge.
Ensañamiento
Causing the animal unnecessary, cruel suffering beyond what is needed to cause the injury.
Decomiso
A measure by which the court takes away the object or animal connected to the crime from the convicted person.
Proposición de ley
A bill introduced by members of parliament; it must go through several steps before becoming law.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 2 of 7 steps. It reached Admitted, and today it is unfinished.

  1. Introduced26 January 2018Someone registers the text in the Congreso.
  2. Admitted30 January 2018The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsnot reachedGroups propose changes.
  4. Committeenot reachedA committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 6 official steps on a timeline
Mar 2018Jun 2018Sept 2018Dec 201811. 26 January 2018: Presentación22. 30 January 2018: Boletín Oficial de las Cortes Generales Publicación desde 30/01/2018 hasta 02/02/201833. 30 January 2018: Calificación44. 2 February 2018: Gobierno Contestación desde 02/02/2018 hasta 10/03/201855. 10 March 2018: Pleno Toma en consideración desde 10/03/2018 hasta 05/03/201966. 5 March 2019: Concluido - (Caducado) desde 05/03/2019 hasta 27/03/2019

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

The legislature ended before it finished. To go on, someone would have to introduce it again in the new Cortes.

It has not been presented again yet.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.