5629-S.E AMH AG H2804.2

 

 

 

ESSB 5629 - H COMM AMD ADOPTED 4-19-91

By Committee on Agriculture & Rural Development

 

                                                                   

 

    Strike everything after the enacting clause and insert the following:

 

    "NEW SECTION.  Sec. 1.  A new section is added to chapter 9.08 RCW to read as follows:

    There has been an increasing number of illegal acts committed against animal production and research facilities involving injury or loss of life to animals or humans, criminal trespass, and damage to property.  These actions not only abridge the property rights of the owners, operators, and employees of the facility, they may also damage the public interest by jeopardizing crucial animal production or agricultural, scientific, or biomedical research.  These actions may also threaten the public safety by exposing communities to public health concerns and creating traffic hazards.  These actions substantially disrupt or damage research and result in the potential loss of physical and intellectual property.  Therefore, it is in the interest of the people of the state of Washington to protect the welfare of humans and animals, as well as the productive use of private or public funds, to promote and protect scientific and medical research, foster education, and preserve and enhance agricultural production."

 

    "NEW SECTION.  Sec. 2.  A new section is added to chapter 9.08 RCW to read as follows:

    A person is guilty of a class C felony:  If he or she, without authorization, knowingly takes, releases, destroys, contaminates, or damages any animal or animals kept in a research or educational facility where the animal or animals are used or to be used for medical research purposes or other research purposes or for educational purposes; or if he or she, without authorization, knowingly destroys or damages any records, equipment, research product, or other thing pertaining to such animal or animals."

 

    "NEW SECTION.  Sec. 3.  A new section is added to chapter 4.24 RCW to read as follows:

    (1) Joint and several liability for damages shall apply to persons and organizations that commit an intentional tort of (a) taking, releasing, destroying, contaminating, or damaging any animal or animals kept in a research or educational facility, where the animal or animals are used or to be used for medical research or other research purposes, or for educational purposes; or (b) destroying or damaging any records, equipment, research product, or other thing pertaining to such animal or animals.   

    (2)  Any person or organization that plans or participates in, or assists in the development or execution of a plan to commit an intentional tort covered by subsection (1) of this section shall be liable for damages to the same extent as those who execute the plan, regardless of whether the intentional tort is carried out as planned.

    (3)  In any case where damages are awarded under this section, the court shall award to the plaintiff all costs of the litigation, including  reasonable attorneys' fees, investigation costs, and court costs, and shall impose on any liable party a civil fine of not to exceed one hundred thousand dollars to be paid to the plaintiff."

 

    "NEW SECTION.  Sec. 4.  A new section is added to chapter 4.24 RCW to read as follows:

    (1) Joint and several liability for damages shall apply to persons and organizations that commit an intentional tort of taking, releasing, destroying or damaging any animal or animals kept by a farmer for farm purposes or by a veterinarian for veterinary purposes; or of destroying or damaging any farm or veterinary equipment or supplies pertaining to such animal or animals.   

    (2)  Any person or organization that plans or participates in, or assists in the development or execution of a plan to commit an intentional tort covered by subsection (1) of this section shall be liable for damages to the same extent as those who execute the plan, regardless of whether the intentional tort is carried out as planned.

    (3) In any case where damages are awarded under this section, the court shall award to the plaintiff all costs of the litigation, including reasonable attorneys' fees, investigation costs, and court costs, and shall impose on any liable party a civil fine of not to exceed one hundred thousand dollars to be paid to the plaintiff."

 

    "NEW SECTION.  Sec. 5.  A new section is added to chapter 4.24 RCW to read as follows:

    Any individual having reason to believe that he or she may be injured by the commission of an intentional tort under section 3 or 4 of this act may apply for injunctive relief to prevent the occurrence of the tort.  Any individual who owns or is employed at a research or educational facility or an agricultural production facility where animals are used for research, educational, or agricultural purposes who is harassed, or believes that he or she is about to be harassed, by an organization, person, or persons whose intent is to stop or modify the facility's use or uses of an animal or animals, may apply for injunctive relief to prevent the harassment.  Harassment, for purposes of this section, means any threat, without lawful authority, which the recipient has good reason to fear will be carried out and which would cause injury to the person or property of the recipient, result in the recipient's physical confinement or restraint, or maliciously do any other act intended to substantially cause harm to the recipient's mental health or safety."

 

    "NEW SECTION.  Sec. 6.    If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."

 

    "NEW SECTION.  Sec. 7.    This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."

 

 

 

ESSB 5629 - H COMM AMD

By Committee on Agriculture & Rural Development

 

                                                                   

 

    On page 1, line 1 of the title, after "facilities;" strike the remainder of the title and insert "adding new sections to chapter 9.08 RCW; adding new sections to chapter 4.24 RCW; prescribing penalties; and declaring an emergency."