6635-S AMH CAMP H4800.3

SSB 6635 - H AMD Adopted March 6, 2002

By Representative Campbell

    On page 5, line 31, after "RCW 9A.20.021." insert "It is an affirmative defense that the defendant must prove by a preponderance of the evidence that he or she was in compliance with the requirements for ownership of a dangerous dog pursuant to this chapter and the person or domestic animal attacked or bitten by the defendant's dog trespassed on the defendant's real or personal property or provoked the defendant's dog without justification or excuse."

    On page 6, line 1, after "RCW 9A.20.021." insert "It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the human severely injured or killed by the defendant's dog:  (a) Trespassed on the defendant's real or personal property which was enclosed by fencing suitable to prevent the entry of young children and designed to prevent the dog from escaping and marked with clearly visible signs warning people, including children, not to trespass and to beware of dog; or (b) provoked the defendant's dog without justification or excuse on the defendant's real or personal property which was enclosed by fencing suitable to prevent the entry of young children and designed to prevent the dog from escaping and marked with clearly visible signs warning people, including children, not to trespass and to beware of dog."

EFFECT:  Creates an affirmative defense that the defendant must prove by a preponderance of the evidence that the person injured by the defendant's dog trespassed on the defendant's real or personal property which was enclosed and signed or provoked the defendant's dog without justification or excuse on property which was enclosed and signed.

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