5979AMHCJCH2818.2SB 5979H COMM AMDBy Committee on Criminal Justice & CorrectionsADOPTED 04/07/2005 Strike everything after the enacting clause and insert thefollowing:NEW SECTION.Sec. A new section is added to chapter 9.91 RCWto read as follows: (1)(a)(i) Any person who has received notice that his or herbehavior is interfering with the use of an onduty search and rescuedog who continues with reckless disregard to interfere with the use ofan onduty search and rescue dog by obstructing, intimidating, orotherwise jeopardizing the safety of the search and rescue dog user orhis or her search and rescue dog is guilty of a misdemeanor punishableaccording to chapter 9A.20 RCW, except when (a)(ii) of this subsectionapplies. (ii) A second or subsequent violation of (a)(i) of this subsectionis a gross misdemeanor punishable according to chapter 9A.20 RCW. (b)(i) Any person who, with reckless disregard, allows his or herdog to interfere with the use of an onduty search and rescue dog byobstructing, intimidating, or otherwise jeopardizing the safety of thesearch and rescue dog user or his or her search and rescue dog isguilty of a misdemeanor punishable according to chapter 9A.20 RCW,except when (b)(ii) of this subsection applies. (ii) A second or subsequent violation of (b)(i) of this subsectionis a gross misdemeanor punishable according to chapter 9A.20 RCW. (2)(a) Any person who, with reckless disregard, injures, disables,or causes the death of an onduty search and rescue dog is guilty of agross misdemeanor punishable according to chapter 9A.20 RCW. (b) Any person who, with reckless disregard, allows his or her dogto injure, disable, or cause the death of an onduty search and rescuedog is guilty of a gross misdemeanor punishable according to chapter9A.20 RCW. 1 (3) Any person who intentionally injures, disables, or causes thedeath of an onduty search and rescue dog is guilty of a class Cfelony. (4) Any person who wrongfully obtains or exerts unauthorizedcontrol over an onduty search and rescue dog with the intent todeprive the dog user of his or her search and rescue dog is guilty oftheft in the first degree under RCW 9A.56.030. (5)(a) In any case in which the defendant is convicted of aviolation of this section, he or she shall also be ordered to make fullrestitution for all damages, including incidental and consequentialexpenses incurred by the search and rescue dog user and the dog thatarise 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 deceaseddog, the training of a replacement search and rescue dog, or retrainingof the affected dog and all related veterinary and care expenses; and (ii) Medical expenses of the search and rescue dog user, trainingof the dog user, and compensation for any wages or earned income lostby the search and rescue dog user as a result of a violation ofsubsection (1), (2), (3), or (4) of this section. (6) Nothing in this section affects any civil remedies availablefor violation of this section. (7) For purposes of this section, "search and rescue dog" means adog that is trained for the purpose of search and rescue of personslost or missing.Sec. RCW 9A.56.030 and 1995 c 129 s 11 are each amended to readas follows: (1) A person is guilty of theft in the first degree if he or shecommits theft of: (a) Property or services which exceed(s) one thousand five hundreddollars in value other than a firearm as defined in RCW 9.41.010;((or)) (b) Property of any value other than a firearm as defined in RCW9.41.010 taken from the person of another; or (c) A search and rescue dog, as defined in section 1 of this act,while the search and rescue dog is on duty. 2 (2) Theft in the first degree is a class B felony. Correct the title.The original bill included the criminal penalties forinjuring or killing a search and rescue dog in the statute governingdog guides and service animals. The substitute bill removes thosespecific provisions from that particular statute and instead insertsall provisions relating to interfering, injuring or killing an "onduty" search and rescue dog in its own standalone section of theMiscellaneous Crimes statute.--- END --- 3