2053-S AMH CARR GREE 24

SHB 2053 - H AMD

By Representative Carrell

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that animals need the protection and care that only their human owners can provide. Pets provide humans with a unique companionship and friendship. Dogs need human companionship and care as well. Dog owners can use their natural bond with their pet to develop a happy and healthy animal. Responsible pet owners work to ensure their dogs are provided necessary shelter, space, and medical attention. It can be cruel for a dog to not have the space it needs to provide a reasonable level of exercise for the dog.

   Sec. 2. RCW 16.52.207 and 1994 c 261 s 9 are each amended to read as follows:

   (1) A person is guilty of animal cruelty in the second degree if, under circumstances not amounting to first degree animal cruelty, the person knowingly, recklessly, or with criminal negligence inflicts unnecessary suffering or pain upon an animal.

   (2) An owner of an animal is guilty of animal cruelty in the second degree if, under circumstances not amounting to first degree animal cruelty, the owner knowingly, recklessly, or with criminal negligence:

   (a) Fails to provide the animal with necessary food, water, shelter, rest, sanitation, ventilation, space, or medical attention and the animal suffers unnecessary or unjustifiable physical pain as a result of the failure; or

   (b) Abandons the animal.

   (3) Animal cruelty in the second degree is a misdemeanor.

   (4) Constant, ongoing, and uncontrolled barking, crying, howling, moaning, whining, or yelping by a dog may be considered an indicator that the dog is not being provided necessary shelter, space, or medical attention.

   (5) In any prosecution of animal cruelty in the second degree, it shall be an affirmative defense, if established by the defendant by a preponderance of the evidence, that the defendant's failure was due to economic distress beyond the defendant's control.

   Sec. 3. RCW 16.52.011 and 1994 c 261 s 2 are each amended to read as follows:

   (1) Principles of liability as defined in chapter 9A.08 RCW apply to this chapter.

   (2) Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

   (a) "Animal" means any nonhuman mammal, bird, reptile, or amphibian.

   (b) "Animal care and control agency" means any city or county animal control agency or authority authorized to enforce city or county municipal ordinances regulating the care, control, licensing, or treatment of animals within the city or county, and any corporation organized under RCW 16.52.020 that contracts with a city or county to enforce the city or county ordinances governing animal care and control.

   (c) "Animal control officer" means any individual employed, contracted, or appointed pursuant to RCW 16.52.025 by an animal care and control agency or humane society to aid in the enforcement of ordinances or laws regulating the care and control of animals. For purposes of this chapter, the term "animal control officer" shall be interpreted to include "humane officer" as defined in (e) of this subsection and RCW 16.52.025.

   (d) "Euthanasia" means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death, or by a method that causes painless loss of consciousness, and death during the loss of consciousness.

   (e) "Humane officer" means any individual employed, contracted, or appointed by an animal care and control agency or humane society as authorized under RCW 16.52.025.

   (f) "Law enforcement agency" means a general authority Washington law enforcement agency as defined in RCW 10.93.020.

   (g) "Necessary food" means the provision at suitable intervals of wholesome foodstuff suitable for the animal's age and species and sufficient to provide a reasonable level of nutrition for the animal.

   (h) "Necessary space" for a dog means the provision at suitable intervals of adequate room suitable for the dog's age, type, and medical condition sufficient to provide a reasonable level of exercise for the dog.

   (i) "Owner" means a person who has a right, claim, title, legal share, or right of possession to an animal or a person having lawful control, custody, or possession of an animal.

   (((i))) (j) "Person" means individuals, corporations, partnerships, associations, or other legal entities, and agents of those entities.

   (((j))) (k) "Substantial bodily harm" means substantial bodily harm as defined in RCW 9A.04.110."

Correct the title.

EFFECT: Makes three changes to the substitute bill:

   1.) Adds a legislative finding on the need for care and protection of animals by their owners.

   2.) Specifies that constant, ongoing, uncontrolled barking or other sounds by a dog "may be considered an indicator" that the dog is not being provided necessary shelter, space, or medical attention. The substitute bill provided that such actions "are indicators" that the dog is not being provided necessary food, water, rest, sanitation, or ventilation. The reference to food, water, rest, sanitation, and ventilation is eliminated.

   3.) Replaces the reference to "species" with a reference to "type" in the definition of necessary space for a dog, and requires the medical condition of a dog to be considered in determining necessary space.