| Passed by the House February 26, 2011 Yeas 97 ________________________________________ Speaker of the House of Representatives Passed by the Senate April 5, 2011 Yeas 49 ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1243 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 02/15/11.
AN ACT Relating to crimes against animals belonging to another person; amending RCW 4.24.320 and 16.52.011; adding a new section to chapter 16.52 RCW; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 16.52 RCW
to read as follows:
(1) It is unlawful for a person to, with malice, kill or cause
substantial bodily harm to livestock belonging to another person.
(2) A violation of this section constitutes a class C felony.
(3) For the purposes of this section, "malice" has the same meaning
as provided in RCW 9A.04.110, but applied to acts against livestock.
Sec. 2 RCW 4.24.320 and 2005 c 419 s 2 are each amended to read
as follows:
Any person ((who suffers damage to)) whose livestock is damaged as
a result of actions described in RCW 16.52.205 or any owner of
livestock who suffers damage as a result of a willful, unauthorized act
described in RCW 9A.56.080 ((or)), 9A.56.083, or section 1 of this act
may bring an action against the person or persons committing the act in
a court of competent jurisdiction for exemplary damages up to three
times the actual damages sustained, plus attorney's fees. As used in
this section, "livestock" means the animals specified in RCW 9A.56.080
and 16.52.011.
Sec. 3 RCW 16.52.011 and 2009 c 287 s 1 are each amended to read
as follows:
(1) Principles of liability as defined in chapter 9A.08 RCW apply
to this chapter.
(2) The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(a) "Abandons" means the knowing or reckless desertion of an animal
by its owner or the causing of the animal to be deserted by its owner,
in any place, without making provisions for the animal's adequate care.
(b) "Animal" means any nonhuman mammal, bird, reptile, or
amphibian.
(c) "Animal care and control agency" means any city or county
animal control agency or authority authorized to enforce city or county
municipal ordinances regulating the care, control, licensing, or
treatment of animals within the city or county, and any corporation
organized under RCW 16.52.020 that contracts with a city or county to
enforce the city or county ordinances governing animal care and
control.
(d) "Animal control officer" means any individual employed,
contracted, or appointed pursuant to RCW 16.52.025 by an animal care
and control agency or humane society to aid in the enforcement of
ordinances or laws regulating the care and control of animals. For
purposes of this chapter, the term "animal control officer" shall be
interpreted to include "humane officer" as defined in (f) of this
subsection and RCW 16.52.025.
(e) "Euthanasia" means the humane destruction of an animal
accomplished by a method that involves instantaneous unconsciousness
and immediate death, or by a method that causes painless loss of
consciousness, and death during the loss of consciousness.
(f) "Humane officer" means any individual employed, contracted, or
appointed by an animal care and control agency or humane society as
authorized under RCW 16.52.025.
(g) "Law enforcement agency" means a general authority Washington
law enforcement agency as defined in RCW 10.93.020.
(h) "Necessary food" means the provision at suitable intervals of
wholesome foodstuff suitable for the animal's age and species and
sufficient to provide a reasonable level of nutrition for the animal.
(i) "Owner" means a person who has a right, claim, title, legal
share, or right of possession to an animal or a person having lawful
control, custody, or possession of an animal.
(j) "Person" means individuals, corporations, partnerships,
associations, or other legal entities, and agents of those entities.
(k) "Similar animal" means an animal classified in the same genus.
(l) "Substantial bodily harm" means substantial bodily harm as
defined in RCW 9A.04.110.
(m) "Livestock" includes, but is not limited to, horses, mules,
cattle, sheep, swine, goats, and bison.