_______________________________________________
ENGROSSED
SUBSTITUTE SENATE BILL 5942
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Passed
Legislature - 2001 Regular Session
State
of Washington 57th Legislature 2001 Regular Session
By
READ
FIRST TIME 03/05/01.
Increasing penalties for crimes against dog guides and
service animals.
AN
ACT Relating to dog guides and service animals; adding a new section to chapter
9.91 RCW; creating a new section; and prescribing penalties.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. This
act may be known and cited as Layla's Law.
NEW
SECTION. Sec. 2. A
new section is added to chapter 9.91 RCW to read as follows:
(1)(a)
Any person who has received notice that his or her behavior is interfering with
the use of a dog guide or service animal who continues with reckless disregard
to interfere with the use of a dog guide or service animal by obstructing,
intimidating, 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
misdemeanor punishable according to chapter 9A.20 RCW, except that for a second
or subsequent offense it is a gross misdemeanor.
(b)
Any person who, with reckless disregard, allows his or her dog to interfere with
the use of a dog guide or service animal by obstructing, intimidating, 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 misdemeanor punishable
according to chapter 9A.20 RCW, except that for a second or subsequent offense
it is a gross misdemeanor.
(2)(a)
Any person who, with reckless disregard, injures, disables, or causes the death
of a dog guide or service animal is guilty of a gross misdemeanor punishable
according to chapter 9A.20 RCW.
(b)
Any person who, with reckless disregard, allows his or her dog to injure,
disable, 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 intentionally injures, disables, or causes the death of a dog
guide or service animal is guilty of a class C felony.
(4)
Any person who wrongfully obtains or exerts unauthorized control over a dog
guide or service animal with the intent to deprive the dog guide or service
animal user of his or her dog guide or service animal is guilty of theft in the
first degree, RCW 9A.56.030.
(5)(a)
In any case in which the defendant is convicted of a violation of this section,
he or she shall also be ordered to make full restitution for all damages,
including incidental and consequential expenses incurred by the dog guide or
service animal user and the dog guide or service animal which arise out of or
are related to the criminal offense.
(b)
Restitution for a conviction under this section shall include, but is not
limited to:
(i)
The value of the replacement of an incapacitated or deceased dog guide or
service animal, the training of a replacement dog guide or service animal, or
retraining of the affected dog guide or service animal and all related
veterinary and care expenses; and
(ii)
Medical expenses of the dog guide or service animal user, training of the dog
guide or service animal user, and compensation for wages or earned income lost
by the dog guide or service animal user.
(6)
Nothing in this section shall affect any civil remedies available for violation
of this section.
(7)
For purposes of this section, the following definitions apply:
(a)
"Dog guide" means a dog that is trained for the purpose of guiding
blind persons or a dog trained for the purpose of assisting hearing impaired
persons.
(b)
"Service animal" means an animal that is trained for the purposes of
assisting or accommodating a disabled person's sensory, mental, or physical
disability.
(c)
"Notice" means a verbal or otherwise communicated warning prescribing
the behavior of another person and a request that the person stop their
behavior.
(d)
"Value" means the value to the dog guide or service animal user and
does not refer to cost or fair market value.
