SENATE BILL REPORT

ESSB 5014

BYSenate Committee on Law & Justice (originally sponsored by Senators Pullen, Madsen, Hayner and Rasmussen)

Amending provisions regarding police dogs.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 10, 1989; January 12, 1989

Majority Report:  That Substitute Senate Bill No. 5014 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Pullen, Chairman; Hayner, Nelson, Newhouse, Niemi, Rinehart, Talmadge, Thorsness.

Senate Staff:Jon Carlson (786-7459)

                  February 20, 1989

AS PASSED SENATE, FEBRUARY 20, 1989

BACKGROUND:

A "dog handler" is a law enforcement officer who has successfully completed training in police dog handling through the Washington State Criminal Justice Training Commission.  Current law provides civil immunity for a dog handler using a police dog in the line of duty in accordance with standards established by the law enforcement agency for which the dog handler works.  However, civil liability has been imposed on local municipalities under the federal Civil Rights Act where established standards have been violated or determined as unreasonable.

Harming a police dog is a class C felony under present law.  The statute does not address the situation where a person injures or kills a police dog not actually involved in police work at the time of the injury.

SUMMARY:

A dog handler who uses a police dog in the line of duty in good faith is immune from civil liability arising out of such use of the police dog.

A person is guilty of harming a police dog if the person maliciously injures or kills any dog that the person knows or has reason to know is a police dog whether or not the dog is actually engaged in police work at the time of injury or death.

It is clarified that police dogs are exempted from the registration procedures under the state's dangerous dog statute.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: John McCroskey, Lewis County Sheriff's Department (pro); John McDonald, Pierce County Sheriff's Department (pro)