5282-S

AN ACT Relating to animal cruelty; amending RCW 16.52.030, 16.52.050, 16.52.060, 16.52.085, 16.52.090, 16.52.095, 16.52.110, 16.52.180, 16.52.200, and 13.40.150; adding a new section to chapter 69.38 RCW; creating a new section; repealing RCW 16.52.040, 16.52.055, and 16.52.140; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. It is the intent of the legislature by the enactment of chapter . . ., Laws of 1993 (this act) to update the existing animal cruelty statutes. The legislature does not intend to revise, expand, or diminish in any way the existing exemptions from chapter 16.52 RCW.

Sec. 2. RCW 16.52.030 and 1982 c 114 s 2 are each amended to read as follows:

(1) All members and agents, and all officers of any society ((so)) incorporated under RCW 16.52.020, as shall by the trustees of such society be duly authorized in writing, approved by any judge of the superior court of the county, and sworn in the same manner as are ((~~constables and~~)) peace officers, shall have power lawfully to interfere to prevent the perpetration of any act of cruelty upon any animal and may use such force as may be necessary to prevent the same, and to that end may summon to their aid any bystander; ((they may make arrests for the violation of any of the provisions of RCW 16.52.010 through 16.52.050, 16.52.070 through 16.52.090 and 16.52.100 through 16.52.180 in the same manner as herein provided for other officers;)) and may carry the same weapons that ((~~such~~)) law enforcement officers are authorized to carry. Before such approval by a judge, the members and agents of any such corporation shall provide satisfactory evidence to the judge that they have successfully completed a training program necessary for the duties and obligations in this chapter. In approving the training, the judge shall consider and give weight to similar training required of law enforcement officers.

(2) Authorizations under this section shall be for a period not exceeding three years or termination of duties, whichever occurs first. The trustees of the society shall review the authorizations every three years and may revoke authorizations at any time by filing a certified revocation with the superior court from which the authorization was issued: PROVIDED, That all such members and agents shall((~~, when making arrests under this section,~~)) exhibit and expose a suitable badge to be adopted by such society. ((~~All persons resisting such specially authorized, approved and sworn officers, agents or members shall be guilty of a misdemeanor.~~))

Sec. 3. RCW 16.52.050 and 1901 c 146 s 10 are each amended to read as follows:

When complaint is made on oath, to any ((~~magistrate~~)) judge authorized to issue warrants in criminal cases that the complainant believes that any of the provisions of law relating to or in any way affecting animals, are being or are about to be violated in any particular building or place, such ((~~magistrates~~)) judge shall issue and deliver immediately a warrant directed to any sheriff, ((~~constable~~)) deputy, police or peace officer, or officer of any incorporated society qualified as provided in RCW 16.52.030, authorizing him or her to enter and search such building or place((, and to arrest any person or persons there present violating or attempting to violate any law relating to or in any way affecting animals, and to bring such person or persons before some court or magistrate of competent jurisdiction within the city or county within which such offense has been committed or attempted to be committed, to be dealt with according to law)) and seize evidence of violations of this chapter.

Sec. 4. RCW 16.52.060 and 1987 c 202 s 182 are each amended to read as follows:

Any judge, sheriff, deputy, or police officer may arrest any person found committing any ((~~of the~~)) act((~~s enumerated~~)) in violation of RCW 16.52.065, 9.08.070, or 81.56.120 or this chapter, without a warrant for such arrest, and any officer or member of any humane society, or society for the prevention of cruelty to animals, may cause the immediate arrest of any person engaged in, or who shall have committed such cruelties, upon making oral complaint to any sheriff, deputy, or police officer((~~, or such officer or member of such society may himself or herself arrest any person found perpetrating any of the cruelties herein enumerated~~)): PROVIDED, That said person making such oral complaint ((~~or making such arrest~~)) shall file with a proper officer a written complaint, stating the act or acts complained of, within twenty-four hours, excluding Sundays and legal holidays, after such arrest shall have been made.

Sec. 5. RCW 16.52.085 and 1987 c 335 s 1 are each amended to read as follows:

(1) If the county sheriff, deputy, peace officer, or other law enforcement officer ((~~shall find~~)) has probable cause to believe that said domestic animal has been neglected or cruelly treated by its owner and no responsible person can be found to assume the care of the animal, he or she may authorize the removal of the animal to a ((~~proper pasture or other~~)) suitable place for feeding and ((~~restoring to health~~)) care without a warrant, or place the animal under the custody of the humane society, animal control agency, or agency responsible for stray animals in that jurisdiction. In determining what is a suitable place, the agency shall consider the animal's needs, including its size and disposition.

(2) If ((a)) the county sheriff, deputy, peace officer, or other law enforcement officer has probable cause to believe a violation of this chapter has occurred, the officer may authorize an examination of an allegedly neglected or abused domestic animal by a veterinarian to determine whether the level of neglect or abuse is sufficient to require removal of the animal. ((~~This section does not condone illegal entry onto private property.~~))

(3) Any owner whose domestic animal is removed to a suitable place pursuant to this chapter shall be given written notice of the circumstances of the removal and notice of legal remedies available to the owner. The notice shall be given by posting at the place of seizure, by delivery to a person residing at the place of seizure, or by registered mail if the owner is known. In making the decision to remove an animal pursuant to this chapter, the law enforcement officer shall make a good faith effort to contact the animal's owner before removal unless the animal is in a life-threatening condition or unless the officer reasonably believes that the owner would remove the animal from the jurisdiction.

(4) An animal taken into custody under this section may be humanely disposed of, at the discretion of the corporation or agency having custody of the animal, not less than fourteen business days after the animal is taken into custody. This does not preclude the euthanasia of severely injured or suffering animals at any time. A person may prevent the disposition of an animal in custody by: (a) Petitioning a court of competent jurisdiction for the immediate return of the animal subject to such conditions as the court may impose or (b) posting a bond or security in an amount sufficient to provide for the animal's care and keeping for a minimum of thirty days from the date of the seizure. At the end of the time for which expenses have been covered by the bond or security, the animal becomes the property of the corporation or agency having custody unless a court order prevents such a disposition. A court order preventing such a disposition may provide for a bond or security for the costs to the corporation or agency having custody for the care, keeping, or disposal of the animal.

(5) If no criminal case is filed within ((~~seventy-two hours~~)) fourteen business days of the removal of the animal, the owner may petition ((~~the district~~)) a court of competent jurisdiction in the county where the removal of the animal occurred for the return of the animal. The petition shall be filed with the court, with copies served to the law enforcement agency responsible for removing the animal and to the prosecuting attorney. If a criminal action is filed after the petition is filed but before the animal is returned, the petition shall be joined with the criminal matter.

((~~(5)~~)) (6) In a motion or petition for the return of the removed animal before a trial, the burden is on the owner to prove by a preponderance of the evidence that the animal will not suffer future neglect and is not in need of being restored to health.

((~~(6)~~)) (7) Any authorized person treating or attempting to restore an animal to health under this chapter shall not be civilly or criminally liable for such action.

Sec. 6. RCW 16.52.090 and 1901 c 146 s 6 are each amended to read as follows:

Every person who shall cut ((or)), cause to be cut, or assist in cutting the solid part of the tail of any horse in the operation known as "docking," or in any other operation for the purpose of shortening the tail or changing the carriage thereof, shall be guilty of a misdemeanor.

Sec. 7. RCW 16.52.095 and Code 1881 s 840 are each amended to read as follows:

It shall not be lawful for any person to cut off more than one-half of the ear or ears of any domestic animal such as an ox, cow, bull, calf, sheep, goat or hog, and any person cutting off more than one-half of the ear or ears of any such animals, shall be deemed guilty of a misdemeanor((~~, and upon conviction, shall be fined in any sum less than twenty dollars~~)).

Sec. 8. RCW 16.52.110 and 1901 c 146 s 13 are each amended to read as follows:

Every owner, driver, or possessor of any old, maimed or diseased horse, cow, mule, or other domestic animal, who shall permit the same to go loose in any lane, street, square, or lot or place of any city or township, without proper care and attention, for more than three hours after knowledge thereof, shall be guilty of a misdemeanor: PROVIDED, That this shall not apply to any such owner keeping any old or diseased animal belonging to him or her on his or her own premises with proper care. Every sick, disabled, infirm or crippled horse, ox, mule, cow or other domestic animal, which shall be abandoned on the public highway, or in any open or enclosed space in any city or township, may, if, after search by a peace officer or officer of such society no owner can be found therefor, be ((~~killed by such officer; and it shall be the duty of all peace and public officers to cause the same to be killed on information of such abandonment~~)) euthanized or removed by such officer to a suitable place for feeding and care, or if necessary, euthanasia.

Sec. 9. RCW 16.52.180 and 1901 c 146 s 18 are each amended to read as follows:

((~~No part of RCW 16.52.010 through 16.52.050, 16.52.070 through 16.52.090 and 16.52.100 through 16.52.180 shall be deemed to~~)) This chapter shall not interfere with any of the laws of this state known as the "game laws," ((~~nor shall RCW 16.52.010 through 16.52.050, 16.52.070 through 16.52.090 and 16.52.100 through 16.52.180 be deemed to interfere~~)) or with the right to destroy any venomous reptile or any known as dangerous to life, limb or property, or to interfere with the right to kill animals to be used for food or with any properly conducted scientific experiments or investigations, which experiments or investigations shall be performed only under the authority of the faculty of some regularly incorporated college or university of the state of Washington.

Sec. 10. RCW 16.52.200 and 1987 c 335 s 2 are each amended to read as follows:

(1) The sentence imposed for a violation of this chapter may be deferred or suspended in accordance with RCW 3.66.067 and 3.66.068, however the probationary period shall be two years.

(2) In case of multiple convictions, the sentences shall be consecutive, however the probationary period shall remain two years.

(3) In addition to the penalties imposed by the court, the court shall order the forfeiture of all animals held by law enforcement authorities under the provisions of this chapter if any one of the animals involved dies as a result of a violation of this chapter or if the ((~~defendant~~)) offender has a prior conviction under this chapter. In other cases the court may enter an order requiring the owner to forfeit the animal if the court ((~~deems~~)) finds the ((~~cruel~~)) treatment of the animal to have been severe and likely to reoccur. If forfeiture is ordered, the owner shall be prohibited from owning or caring for any similar animals for a period of ((~~two years~~)) time for which the sentencing court retains jurisdiction. The court may delay its decision on forfeiture under this subsection until the end of the probationary period.

(4) In addition to fines and court costs, the ((~~owner~~)) offender, only if convicted or in agreement, shall be liable for reasonable costs incurred pursuant to this chapter, including expenses for the investigation of the violation and the care or disposal of the animal or animals, by the law enforcement or authorized private or public entities involved with the care of the animals.

(5) If convicted, the ((~~owner~~)) offender shall also pay a civil penalty of one ((~~hundred~~)) thousand dollars to the county to prevent cruelty to animals. These funds shall be used to prosecute offenses under this chapter and to care for forfeited animals pending trial.

(6) In addition to the penalties imposed by the court, the court may, when otherwise authorized, order the offender to participate in a program designed to provide prevention, treatment, or education in the area of animal cruelty.

Sec. 11. RCW 13.40.150 and 1992 c 205 s 109 are each amended to read as follows:

(1) In disposition hearings all relevant and material evidence, including oral and written reports, may be received by the court and may be relied upon to the extent of its probative value, even though such evidence may not be admissible in a hearing on the information. The youth or the youth's counsel and the prosecuting attorney shall be afforded an opportunity to examine and controvert written reports so received and to cross-examine individuals making reports when such individuals are reasonably available, but sources of confidential information need not be disclosed. The prosecutor and counsel for the juvenile may submit recommendations for disposition.

(2) For purposes of disposition:

(a) Violations which are current offenses count as misdemeanors;

(b) Violations may not count as part of the offender's criminal history;

(3) Before entering a dispositional order as to a respondent found to have committed an offense, the court shall hold a disposition hearing, at which the court shall:

(a) Consider the facts supporting the allegations of criminal conduct by the respondent;

(b) Consider information and arguments offered by parties and their counsel;

(d) Consult with the respondent's parent, guardian, or custodian on the appropriateness of dispositional options under consideration and afford the respondent and the respondent's parent, guardian, or custodian an opportunity to speak in the respondent's behalf;

(e) Allow the victim or a representative of the victim and an investigative law enforcement officer to speak;

(f) Determine the amount of restitution owing to the victim, if any;

(g) Determine whether the respondent is a serious offender, a middle offender, or a minor or first offender;

(h) Consider whether or not any of the following mitigating factors exist:

(i) The respondent's conduct neither caused nor threatened serious bodily injury or the respondent did not contemplate that his or her conduct would cause or threaten serious bodily injury;

(ii) The respondent acted under strong and immediate provocation;

(iii) The respondent was suffering from a mental or physical condition that significantly reduced his or her culpability for the offense though failing to establish a defense;

(iv) Prior to his or her detection, the respondent compensated or made a good faith attempt to compensate the victim for the injury or loss sustained; and

(v) There has been at least one year between the respondent's current offense and any prior criminal offense;

(i) Consider whether or not any of the following aggravating factors exist:

(i) In the commission of the offense, or in flight therefrom, the respondent inflicted or attempted to inflict serious bodily injury to another;

(ii) The offense was committed in an especially heinous, cruel, or depraved manner;

(iii) The victim or victims were particularly vulnerable;

(iv) The respondent has a recent criminal history or has failed to comply with conditions of a recent dispositional order or diversion agreement;

(v) The current offense included a finding of sexual motivation pursuant to RCW 9.94A.127;

(vi) The respondent was the leader of a criminal enterprise involving several persons; ((~~and~~))

(vii) The offense involved cruelty to animals; and

(viii) There are other complaints which have resulted in diversion or a finding or plea of guilty but which are not included as criminal history.

(4) The following factors may not be considered in determining the punishment to be imposed:

(a) The sex of the respondent;

(b) The race or color of the respondent or the respondent's family;

(d) The economic or social class of the respondent or the respondent's family; and

(e) Factors indicating that the respondent may be or is a dependent child within the meaning of this chapter.

(5) A court may not commit a juvenile to a state institution solely because of the lack of facilities, including treatment facilities, existing in the community.

NEW SECTION. Sec. 12. A new section is added to chapter 69.38 RCW to read as follows:

It is unlawful for any person other than a registered pharmacist to sell at retail or furnish to any person any strychnine. This section does not prohibit county, state, or federal agents, in the course of their duties, from furnishing strychnine to any person. Every registered pharmacist selling or furnishing strychnine shall, before delivering the same, record the transaction as provided for in RCW 69.38.030.

NEW SECTION. Sec. 13. The following acts or parts of acts are each repealed:

(1) RCW 16.52.040 and 1901 c 146 s 14;

(2) RCW 16.52.055 and 1901 c 146 s 3; and

(3) RCW 16.52.140 and 1901 c 146 s 11.