Unintended consequences

Does anyone in Carson City read the final versions of bills before they vote on them? Judging from the awful unintended consequences of SB233, the answer is often a resounding no.

Senate Bill 233, enacted this year, elevated the crime of maliciously torturing, maiming, mutilating or killing a companion animal from a misdemeanor to a felony. The bill had broad bipartisan support because any vote against it would likely be labeled during next year's campaign as a vote in favor of animal cruelty.

But there were legitimate reasons to vote against the bill, foremost among them the Sixth Amendment difficulties with a late-session amendment to allow citizens to make allegations of animal cruelty anonymously. Those accused of crimes -- especially a felony -- have a right to face their accusers.

The bill's supporters argued the amendment was needed so people who report crimes wouldn't have to be afraid of retaliation. But good intentions have a way of backfiring. The provision to guarantee anonymity for accusers was instead written to keep all such cases secret from the public, in defiance of Nevada's public records law. Now both the accuser and the accused have complete confidentiality.

Here's how legislative staff wrote the amendment: "Any person, law enforcement agency, society for the prevention of cruelty to animals or animal control agency that willfully releases data or information concerning the reports, except for the purposes of a criminal investigation, is guilty of a misdemeanor."

This new law couldn't be more clear.

"The provision makes the investigation confidential, even the report," Jerry Shay, Washoe County deputy district attorney, told the Reno Gazette-Journal.

Sen. Mark Manendo, D-Las Vegas, a sponsor and public backer of the bill, was -- here's a shocker -- surprised to learn about the exact amendment language. "The report itself ... that is not confidential," Sen. Manendo said. "Why would that be any different than if some got caught committing any other kind of felony?"

Ironically, animal welfare and animal rights groups often publicize severe cases of neglect and abuse to raise money for their causes. They pushed hard for this legislation -- and now they'll have no access to reports and photographs, either.

It will be easy enough for the Legislature to fix this debacle. One of the first orders of business in the 2013 session should be to ax this language from SB233.

A more proactive solution? Read bills before you pass them.