FINAL BILL REPORT

ESSB 5942

C 112 L 01

Synopsis as Enacted

Brief Description:  Increasing penalties for crimes against dog guides and service animals.

Sponsors:  Senate Committee on Judiciary (originally sponsored by Senators McAuliffe, Jacobsen and Oke).

Senate Committee on Judiciary

House Committee on Criminal Justice & Corrections

Background:  Current law provides that any person, firm, corporation, or agent of any person, firm, or corporation who denies or interferes with admittance to or enjoyment of public facilities or interferes with the rights of a totally or partially blind, hearing impaired, or otherwise physically disabled person is guilty of a misdemeanor.  Supporters of this bill believe this sanction does not cover dog owners who allow their dogs to run loose and harass or interfere with a guide dog or a person using a guide dog.

Summary:  It is a misdemeanor for a person, who has received notice that his or her behavior is interfering with the use of a dog guide or service animal, to continue with reckless disregard, to interfere with the use of the dog guide or service animal.  A second or subsequent offense is a gross misdemeanor.  A person who, with reckless disregard, allows his or her dog to interfere with the use of a dog guide or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the dog guide or service animal user or the dog guide or service animal is guilty of a misdemeanor.  A second or subsequent offense is a gross misdemeanor.  It is a gross misdemeanor if a person, with reckless disregard, injures, disables, or causes the death of a dog guide or service animal or allows his or her dog to do so.  It is a class C felony to intentionally injure, disable, or cause the death of a dog guide or service animal.

A person who wrongfully obtains or exerts unauthorized control over a dog guide or service animal with intent to deprive its user of his or her dog guide or service animal is guilty of theft in the first degree.

In any case in which the defendant is convicted of a violation of the above, he or she shall also be ordered to make full restitution for all damages incurred by the dog guide or service animal user and the dog guide or service animal.

Votes on Final Passage:

Senate470

House     97 0

Effective:  July 22, 2001