S-411                 _______________________________________________

                                                   SENATE BILL NO. 5177

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Senator Kreidler

Read first time 1/19/87 and referred to Committee on Agriculture.

AN ACT Relating to protecting animals from cruel treatment; amending RCW 16.52.070, 16.52.160, and 16.52.180; adding a new section to chapter 16.52 RCW; repealing RCW 16.52.085; and prescribing penalties.

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

        Sec. 1.  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, 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 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 gross 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. 2.  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 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. 3.  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. 4.  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; or

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

NEW SECTION. Sec. 5.  Section 2, chapter 12, Laws of 1974 ex. sess. and RCW 16.52.085 are each repealed.