H-0038.1 _______________________________________________
HOUSE BILL 1860
_______________________________________________
State of Washington 53rd Legislature 1993 Regular Session
By Representatives Orr, Fuhrman, Padden, Romero, Sheldon, Brough, Long, Jones and Van Luven
Read first time 02/12/93. Referred to Committee on Judiciary.
AN ACT Relating to cruelty to animals; amending RCW 9A.48.070, 9A.48.080, 16.52.065, 16.52.070, 16.52.113, 16.52.117, 16.52.120, 16.52.160, and 16.52.300; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 9A.48.070 and 1983 1st ex.s. c 4 s 1 are each amended to read as follows:
(1) A person is guilty of malicious mischief in the first degree if he knowingly and maliciously:
(a) Causes physical damage to the property of another in an amount exceeding one thousand five hundred dollars;
(b) Causes an interruption or impairment of
service rendered to the public by physically damaging or tampering with an
emergency vehicle or property of the state, a political subdivision thereof, or
a public utility or mode of public transportation, power, or communication; ((or))
(c) Causes an impairment of the safety, efficiency, or operation of an aircraft by physically damaging or tampering with the aircraft or aircraft equipment, fuel, lubricant, or parts; or
(d) Notwithstanding RCW 16.52.070, causes physical damage, destruction, or injury by amputation, mutilation, castration, or other malicious act to a horse, mule, cow, heifer, bull, steer, swine, goat, or sheep which is the property of another.
(2) Malicious mischief in the first degree is a class B felony.
Sec. 2. RCW 9A.48.080 and 1979 c 145 s 2 are each amended to read as follows:
(1) A person is guilty of malicious mischief in the second degree if he knowingly and maliciously:
(a) Causes physical damage to the property of another in an amount exceeding two hundred fifty dollars; or
(b) Creates a substantial risk of interruption
or impairment of service rendered to the public, by physically damaging or
tampering with an emergency vehicle or property of the state, a political
subdivision thereof, or a public utility or mode of public transportation,
power, or communication((; or
(c) Notwithstanding RCW 16.52.070, causes
physical damage, destruction, or injury by amputation, mutilation, castration,
or other malicious act to a horse, mule, cow, heifer, bull, steer, swine, goat,
or sheep which is the property of another)).
(2) Malicious mischief in the second degree is a class C felony.
Sec. 3. RCW 16.52.065 and 1982 c 114 s 3 are each amended to read as follows:
Whosoever shall wantonly or cruelly pluck,
maim, torture, deprive of necessary food or drink, or wantonly kill any fowl or
insectivorous bird, ((shall be deemed)) is guilty of a ((misdemeanor))
class C felony punishable under chapter 9A.20 RCW.
Sec. 4. RCW 16.52.070 and 1982 c 114 s 4 are each amended to read as follows:
Except as provided in RCW ((9A.48.080)) 9A.48.070,
every person who cruelly overdrives, overloads, drives when overloaded,
overworks, tortures, torments, deprives of necessary sustenance, cruelly beats,
mutilates or cruelly kills, or causes, procures, authorizes, requests or
encourages so to be overdriven, overloaded, driven when overloaded, overworked,
tortured, tormented, deprived of necessary sustenance, cruelly beaten or
mutilated or cruelly killed, any animal; and whoever having the charge or
custody of any animal, either as owner or otherwise, inflicts unnecessary
suffering or pain upon the same, or unnecessarily fails to provide the same
with the proper food, drink, air, light, space, shelter or protection from the
weather, or who willfully and unreasonably drives the same when unfit
for labor or with yoke or harness that chafes or galls it, or check rein or any
part of its harness too tight for its comfort, or at night when it has been six
consecutive hours without a full meal, or who cruelly abandons any animal, ((shall
be)) is guilty of a ((misdemeanor)) class C felony
punishable under chapter 9A.20 RCW. For the purposes of this section,
necessary sustenance or proper food means the provision at suitable intervals,
not to exceed twenty-four hours, of wholesome foodstuff suitable for the
species and age of the animal and sufficient to provide a reasonable level of
nutrition for the animal.
Sec. 5. RCW 16.52.113 and 1982 c 114 s 8 are each amended to read as follows:
Any person who for amusement or gain causes any
bull, bear, or other animal except a dog to fight with an animal of like kind,
or causes any such animal, including dogs, to fight with a different kind of
animal; or who for amusement or gain injures any bull, bear, dog, or other
animal, or causes any bull, bear, or other animal except a dog to worry or
injure another such animal; and any person who permits any of these acts to be
done on any premises under his or her charge or control or who aids,
abets, or is present at such fighting, chasing, or worrying of such animal is
guilty of a ((misdemeanor)) class C felony punishable under chapter
9A.20 RCW.
Sec. 6. RCW 16.52.117 and 1982 c 114 s 9 are each amended to read as follows:
(1) Any person who does any of the following is
guilty of a ((gross misdemeanor)) class C felony punishable ((by
imprisonment not to exceed one year, or by a fine not to exceed five thousand
dollars, or by both fine and imprisonment)) under chapter 9A.20 RCW:
(a) Owns, possesses, keeps, or trains any dog with the intent that the dog shall be engaged in an exhibition of fighting with another dog;
(b) For amusement or gain causes any dog to fight with another dog, or causes any dogs to injure each other; or
(c) Permits any act in violation of (a) or (b) of this subsection to be done on any premises under his or her charge or control, or aids or abets any such act.
(2) Any person who is knowingly present, as a spectator, at any place or building where preparations are being made for an exhibition of the fighting of dogs, with the intent to be present at such preparations, or is knowingly present at such exhibition or at any other fighting or injuring as described in subsection (1)(b) of this section, with the intent to be present at such exhibition, fighting, or injuring, is guilty of a misdemeanor.
(3) Nothing in this section may prohibit the following:
(a) The use of dogs in the management of livestock, as defined by chapter 16.57 RCW, by the owner of the livestock or the owner's employees or agents or other persons in lawful custody of the livestock;
(b) The use of dogs in hunting as permitted by law; or
(c) The training of dogs or the use of equipment in the training of dogs for any purpose not prohibited by law.
Sec. 7. RCW 16.52.120 and 1982 c 114 s 11 are each amended to read as follows:
Every person who wantonly or for the amusement
of himself, herself, or others, or for gain, shall cause any cock to
fight, chase, worry, or injure any other animal, or to be fought,
chased, worried, or injured by any person or animal, and every person
who shall permit the same to be done on any premises under his or her
charge or control is guilty of a class C felony punishable under chapter 9A.20
RCW; and every person who shall aid, abet, or be present at such fighting,
chasing, worrying or injuring of such animal as a spectator, ((shall be))
is guilty of a misdemeanor.
Sec. 8. RCW 16.52.160 and 1901 c 146 s 9 are each amended to read as follows:
Every person who shall attempt to do any act or thing which by RCW 16.52.010 through 16.52.050, 16.52.070 through 16.52.090 and 16.52.100 through 16.52.180 is made a misdemeanor or a felony shall be guilty of a misdemeanor.
Sec. 9. RCW 16.52.300 and 1990 c 226 s 1 are each amended to read as follows:
(1) Any person who uses domestic dogs or cats
as bait, prey, or targets for the purpose of training dogs or other animals to
track, fight, or hunt, in such a fashion as to torture, torment, deprive of
necessary sustenance, cruelly beat, or mutilate such animals, ((shall be))
is guilty of a ((misdemeanor)) class C felony punishable under
chapter 9A.20 RCW.
(2) Any person who violates the provisions of
subsection (1) of this section, and whose actions result in the death of the
animal, ((shall be)) is guilty of a ((gross misdemeanor)) class
B felony punishable under chapter 9A.20 RCW.
(3) Any person who captures by trap a domestic
dog or cat to be used as bait, prey, or targets for the purpose of training
dogs or other animals to track, fight, or hunt, in such a fashion as to
torture, torment, deprive of necessary sustenance, cruelly beat, or mutilate
such animals, ((shall be)) is guilty of a ((misdemeanor)) class
C felony punishable under chapter 9A.20 RCW.
(4) Any person who violates the provisions of
subsection (3) of this section, and whose actions result in the death of the
animal, ((shall be)) is guilty of a ((gross misdemeanor)) class
B felony punishable under chapter 9A.20 RCW.
(5) If a person violates this section, law enforcement authorities shall seize and hold the animals being trained. Such animals shall be disposed of by the court pursuant to the provisions of RCW 16.52.200(3).
(6) This section shall not in any way interfere with or impair the operation of any provision of Title 28B RCW, relating to higher education or biomedical research.
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