[atlas:bill]

AN ACT Relating to dog guides and service animals; amending RCW 70.84.070 and 9.08.070; adding a new section to chapter 70.84 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. A new section is added to chapter 70.84 RCW to read as follows:

(1) Any person who, with no legal justification, intentionally or negligently interferes or allows his or her pet to interfere with the use of a dog guide or service animal by obstructing, harassing, threatening, intimidating, distracting, or otherwise jeopardizing the safety of the dog guide or service animal user, or his or her dog guide or service animal, is guilty of a gross misdemeanor punishable according to chapter 9A.20 RCW.

(2) Any person who negligently injures or causes the death of a dog guide or service animal, or negligently allows his or her pet to injure or cause the death of a dog guide or service animal, is guilty of a gross misdemeanor punishable according to chapter 9A.20 RCW.

(3) Any person, who with no legal justification, intentionally injures or causes the death of a dog guide or service animal, is guilty of a class B felony, punishable according to chapter 9A.20 RCW.

(4) Any person who wrongfully obtains or exerts unauthorized control over the dog guide or service animal with intent to deprive the dog guide or service animal user of the dog guide or service animal is guilty of a class B felony punishable according to chapter 9A.20 RCW.

(5) In any case in which the defendant is convicted of a violation of this section, the defendant shall be ordered to make restitution for veterinary expenses and replacement costs, including retraining, of the dog guide or service animal to the party or parties who are responsible for such costs, and restitution for any income lost by the dog guide or service animal user if the dog guide or service animal is no longer able to safely or dependably perform its duties.

(6) Nothing in this section is intended to affect any civil remedies available for violations of this section.

Sec. 2. RCW 70.84.070 and 1985 c 90 s 5 are each amended to read as follows:

Any person or persons, firm or corporation, or the agent of any person or persons, firm or corporation, who denies or interferes with admittance to or enjoyment of the public facilities enumerated in RCW 70.84.010, or otherwise interferes with the rights of a totally or partially blind, hearing impaired, or otherwise physically disabled person as set forth in RCW 70.84.010 shall be guilty of a misdemeanor except as otherwise provided in this chapter.

Sec. 3. RCW 9.08.070 and 1989 c 359 s 2 are each amended to read as follows:

(1) Any person who, with intent to deprive or defraud the owner thereof, does any of the following shall be guilty of a gross misdemeanor and shall be punished as prescribed under RCW 9A.20.021(2) and by a mandatory fine of not less than five hundred dollars per pet animal except as provided by (d) of this subsection:

(a) Takes, leads away, confines, secretes or converts any pet animal, except in cases in which the value of the pet animal exceeds two hundred fifty dollars;

(b) Conceals the identity of any pet animal or its owner by obscuring, altering, or removing from the pet animal any collar, tag, license, tattoo, or other identifying device or mark.

(d) Nothing in this subsection or subsection (2) of this section shall prohibit a person from also being convicted of separate offenses under RCW 9A.56.030, 9A.56.040, or 9A.56.050 for theft ((~~or under~~)); RCW 9A.56.150, 9A.56.160, or 9A.56.170 for possession of stolen property; or section 1 of this act relating to dog guides and service animals.

(2)(a) It is unlawful for any person to receive with intent to sell to a research institution in the state of Washington, or sell or otherwise directly transfer to a research institution in the state of Washington, a pet animal that the person knows or has reason to know has been stolen or fraudulently obtained. This subsection does not apply to U.S.D.A. licensed dealers.

(b) The first conviction under (a) of this subsection is a gross misdemeanor and is punishable as prescribed under RCW 9A.20.021(2) and by a mandatory fine of not less than five hundred dollars per pet animal. A second or subsequent conviction under (a) of this subsection is a class C felony and is punishable as prescribed under RCW 9A.20.021(1)(c) and by a mandatory fine of not less than one thousand dollars per pet animal.

(3)(a) It is unlawful for any person, who knows or has reason to know that a pet animal has been stolen or fraudulently obtained, to sell or otherwise transfer the pet animal to another who the person knows or has reason to know has previously sold a stolen or fraudulently obtained pet animal to a research institution in the state of Washington.

(b) A conviction under (a) of this subsection is a class C felony and shall be punishable as prescribed under RCW 9A.20.021(1)(c) and by a mandatory fine of not less than one thousand dollars per pet animal.

(4)(a) It is unlawful for a U.S.D.A. licensed dealer to receive with intent to sell, or sell or transfer directly or through a third party, to a research institution in the state of Washington, a pet animal that the dealer knows or has reason to know has been stolen or fraudulently obtained.

(5) The sale, receipt, or transfer of each individual pet animal in violation of subsections (1), (2), (3), and (4) of this section constitutes a separate offense.

(6) The provisions of subsections (1), (2), (3), and (4) of this section shall not apply to the lawful acts of any employee, agent, or director of any humane society, animal control agency, or animal shelter operated by or on behalf of any government agency, operating under law.