AN ACT Relating to protecting animals from cruel treatment; amending RCW 16.52.010, 16.52.020, 16.52.030, 16.52.040, 16.52.055, 16.52.070, 16.52.080, 16.52.095, 16.52.160, and 16.52.180; adding new sections to chapter 16.52 RCW; repealing RCW 16.52.085, 16.52.100, 16.52.165, and 16.52.185; and prescribing penalties.

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

Sec. 1. Section 17, chapter 146, Laws of 1901 and RCW 16.52.010 are each amended to read as follows:

((~~In RCW 16.52.010 through 16.52.055, 16.52.070 through 16.52.090 and 16.52.100 through 16.52.180~~)) As used in this chapter, the singular shall include the plural; the word "animal" shall be held to include every living creature, except man; the words "torture," "torment," ((~~and~~)) "cruelty," and "cruelly" shall be held to include every act, omission, or neglect whereby unnecessary or unjustifiable physical pain or suffering is caused or permitted; and the words "owner" and "person" shall be held to include corporations as well as individuals; and the knowledge and acts of agents of and persons employed by corporations in regard to animals transported, owned, or employed by, or in the custody of such corporations, shall be held to be the act and knowledge of such corporations as well as of such agents or employees.

Sec. 2. Section 1, chapter 146, Laws of 1901 as amended by section 1, chapter 125, Laws of 1973 1st ex. sess. and RCW 16.52.020 are each amended to read as follows:

Any citizens of the state of Washington who have heretofore, or who shall hereafter, incorporate as a body corporate, under the laws of this state as a humane society or as a society for the prevention of cruelty to animals may avail themselves of the privileges of ((~~RCW 16.52.010 through 16.52.050, 16.52.070 through 16.52.090 and 16.52.100 through 16.52.180~~)) this chapter: PROVIDED, That the legislative authority in each county may grant exclusive authority to exercise the privileges and authority granted by this section to one or more qualified corporations for a period of up to three years based upon ability to fulfill the purposes of this chapter.

Sec. 3. Section 2, chapter 146, Laws of 1901 as amended by section 2, chapter 114, Laws of 1982 and RCW 16.52.030 are each amended to read as follows:

All members and agents, and all officers of any society so incorporated, 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~~)) this chapter in the same manner as herein provided for other officers; and may carry the same weapons that such officers are authorized to carry. 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. 4. Section 14, chapter 146, Laws of 1901 and RCW 16.52.040 are each amended to read as follows:

Any member of such society authorized as provided in RCW 16.52.030, may appear and prosecute in any court of competent jurisdiction for any 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~~)) this chapter, whether or not he be an attorney or counsellor at law: PROVIDED, That all such prosecution shall be conducted in the name of the people of the state of Washington.

Sec. 5. Section 3, chapter 146, Laws of 1901 and RCW 16.52.055 are each amended to read as follows:

All sheriffs, constables, police and peace officers are empowered to make arrests for the violation of any provisions of ((~~RCW 16.52.010 through 16.52.055, 16.52.070 through 16.52.090 and 16.52.100 through 16.52.180~~)) this chapter, as in other cases of misdemeanor or gross misdemeanor.

Sec. 6. Section 4, chapter 146, Laws of 1901 as last amended by section 4, chapter 114, Laws of 1982 and RCW 16.52.070 are each amended to read as follows:

Except as provided in RCW 9A.48.080, every person who cruelly overdrives, overloads, drives when overloaded, or 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, or 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 wilfully 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 guilty of a misdemeanor. ((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.))

NEW SECTION. Sec. 7. A new section is added to chapter 16.52 RCW to read as follows:

Except as provided in RCW 9A.48.080, any person who causes any animal unnecessary suffering or pain resulting from cruel treatment, torture, torment, beating, mutilation, abandonment, neglect, cruel confinement, or knowing deprivation of proper food, drink, air, light, space, shelter, or protection from the weather, is guilty of a gross misdemeanor.

For purposes of the chapter, "proper food" means providing at suitable intervals, not to exceed a twenty-four hour period, wholesome food stuffs suitable for the species and age of the animal and providing a sufficient and reasonable level of nutrition for the animal.

NEW SECTION. Sec. 8. A new section is added to chapter 16.52 RCW to read as follows:

If the county sheriff finds that any animal has been treated cruelly or otherwise tortured, tormented, beaten, mutilated, abandoned, neglected, cruelly confined, or deprived of proper food, drink, air, light, space, shelter, or protection from the weather, the sheriff may remove the animal to proper pasture or other suitable place for feeding, treatment, and restoring to health. In addition to any penalty which may be imposed, a court may require a defendant convicted of violating this chapter to forfeit any rights in the animal and to repay the reasonable costs incurred by any person or governmental entity prior to judgment in caring for the animal.

Any person entering or opening any place of confinement to supply food and drink to any animal deprived of proper food or drink for more than twenty-four consecutive hours shall not be criminally or civilly liable for such entry, and the reasonable cost of the food and drink may be collected by him or her from the owner of the animal.

Any person treating or attempting to restore an animal to health under this chapter shall not be criminally or civilly liable in the event the animal dies during such treatment or recovery period.

Sec. 9. Section 5, chapter 146, Laws of 1901 as last amended by section 5, chapter 114, Laws of 1982 and RCW 16.52.080 are each amended to read as follows:

Any person who wilfully transports ((~~or confines~~)) or causes to be transported ((~~or confined~~)) any domestic animal or animals in a manner, ((~~posture or confinement~~)) that will jeopardize the safety of the animal or the public shall be guilty of a misdemeanor. And whenever any such person shall be taken into custody or be subject to arrest pursuant to a valid warrant therefor by any officer or authorized person, such officer or person may take charge of the animal or animals; and any necessary expense thereof shall be a lien thereon to be paid before the animal or animals may be recovered; and if the expense is not paid, it may be recovered from the owner of the animal or the person guilty.

Sec. 10. Section 1, page 103, Laws of 1871 as amended by section 840, Code of 1881 and RCW 16.52.095 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. 11. Section 9, chapter 146, Laws of 1901 and RCW 16.52.160 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~~)) this chapter is ((~~made~~)) a misdemeanor shall be guilty of a misdemeanor. Every person who shall attempt to do any act or thing which by this chapter is a gross misdemeanor shall be guilty of a gross misdemeanor.

Sec. 12. Section 18, chapter 146, Laws of 1901 and RCW 16.52.180 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~~)) this chapter shall ((~~be deemed to~~)):

(1) 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~~));

(2) Interfere with the right to destroy any venomous reptile or any known as dangerous to life, limb or property((~~, or to~~));

(3) Interfere with the right to properly raise or kill animals to be used for food ((or));

(4) Interfere 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;

(5) Apply to good animal husbandry practices used in raising or slaughtering livestock or poultry for human consumption;

(6) Apply to the use of animals in the normal and usual course of rodeo events; or

(7) Apply to a good faith effort to care for livestock during extreme weather or natural conditions.

For purposes of this chapter, "good animal husbandry" includes, but is not limited to, branding, dehorning of cattle, docking of horses, sheep, or swine, and the castration or neutering of livestock, according to accepted practices of veterinary medicine or animal husbandry.

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

(1) Section 2, chapter 12, Laws of 1974 ex. sess. and RCW 16.52.085;

(2) Section 12, chapter 146, Laws of 1901, section 6, chapter 114, Laws of 1982 and RCW 16.52.100;

(3) Section 16, chapter 146, Laws of 1901, section 7, chapter 114, Laws of 1982 and RCW 16.52.165; and

(4) Section 10, chapter 114, Laws of 1982 and RCW 16.52.185.