5290-S AMH CJC H2771.1

SSB 5290  - H COMM AMD
     By Committee on Criminal Justice & Corrections

ADOPTED 04/14/2005

     Strike everything after the enacting clause and insert the following:

"Sec. 1   RCW 9A.56.080 and 2003 c 53 s 74 are each amended to read as follows:
     (1) Every person who, with intent to sell or exchange and to deprive or defraud the lawful owner thereof, willfully takes, leads, or transports away, conceals, withholds, slaughters, or otherwise appropriates any horse, mule, cow, heifer, bull, steer, swine, goat, or sheep is guilty of theft of livestock in the first degree.
     (2) Theft of livestock in the first degree is a class B felony.

Sec. 2   RCW 4.24.320 and 2003 c 53 s 4 are each amended to read as follows:
     Any person who suffers damage((s)) to livestock as a result of actions described in RCW ((9A.48.080(c))) 16.52.205 or any owner of ((a horse, mule, cow, heifer, bull, steer, swine, or sheep)) livestock who suffers damage((s)) as a result of a willful, unauthorized act described in RCW 9A.56.080 or 9A.56.083 may bring an action against the person or persons committing the act in a court of competent jurisdiction for exemplary damages up to three times the actual damages sustained, plus attorney's fees. As used in this section, "livestock" means the animals specified in RCW 9A.56.080."

EFFECT:  Corrects a cross-reference in RCW 4.24.320 that authorized recovery of treble damages for damage to livestock caused by malicious mischief.

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