S-785                 _______________________________________________

                                                   SENATE BILL NO. 5304

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Senators Bottiger, Newhouse, Barr and Hansen

Read first time 1/22/87 and referred to Committee on  Agriculture.

AN ACT Relating to abused and injured animals; amending RCW 16.52.085; and adding a new section to chapter 16.52 RCW.

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

        Sec. 1.  Section 2, chapter 12, Laws of 1974 ex. sess. and RCW 16.52.085 are each amended to read as follows:

(1) If the county sheriff shall find that said domestic animal has been neglected by its owner, he may authorize the removal of the animal to a proper pasture or other suitable place for feeding and restoring to health.

(2) In addition to any penalty which may be imposed under this chapter, a court may require a person convicted of violating this chapter to forfeit any rights in the animal.

(3) If the sheriff authorizes the removal of any animal, the person or entity which aids in the restoration to health of the animal is entitled to actual costs for feed and veterinary services and five dollars per day for pasture services.  The amount shall be enforceable as an agister lien under RCW 60.56.010.

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

NEW SECTION. Sec. 2.  A new section is added to chapter 16.52 RCW to read as follows:

          Nothing in this chapter shall limit the right of law enforcement personnel to destroy animals which have been seriously injured and would otherwise continue to suffer:  PROVIDED, That such action shall not be taken until a licensed veterinarian has examined such animal and certified such as irreparably injured.

          Law enforcement personnel shall be immune from civil and criminal liability for actions taken under this chapter.