| Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
| Judiciary Committee | |
HB 1775
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
Title: An act relating to crimes against livestock belonging to another person.
Brief Description: Regarding crimes against livestock belonging to another person.
Sponsors: Representatives Hinkle, Pettigrew, Kretz, Grant, Armstrong, Pearson, Strow, Sump, Warnick and Blake.
Brief Summary of Bill |
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Hearing Date: 2/7/07
Staff: Jasmine Vasavada (786-5793).
Background:
Related but separate provisions in the criminal code may apply when a person harms a horse or
cattle. These include the crimes of animal cruelty, theft of livestock, and malicious mischief.
A person is guilty of animal cruelty in the first degree when, except as authorized in law, he or
she intentionally (a) inflicts substantial pain on, (b) causes physical injury to, or (c) kills an
animal by a means causing undue suffering. "Animal" in this context means every creature other
than a human being. Animal cruelty in the first degree is a class C felony and is unranked,
except for animal cruelty involving sexual conduct. Under the Sentencing Reform Act, the
standard sentence range for an unranked felony is zero to twelve months. This can be greater if a
jury finds aggravating circumstances, leading a judge to impose an exceptional sentence.
A person is guilty of theft of livestock if the person intends to appropriate the horse or cattle for
his or her own use or resale to another person. A person commits theft of livestock in the first
degree when depriving and defrauding the lawful owner of an animal with the intent to sell or
exchange the animal. Theft of livestock in the second degree occurs when the person willfully
takes, leads, or transports away, conceals, withholds, slaughters, or otherwise appropriates an
animal for his or her own use. The following animals are considered livestock for the purpose of
the crime of theft of livestock: horse, mule, cow, heifer, bull, steer, swine, and sheep.
Livestock theft in the first degree is a class B felony, ranked at seriousness level IV, and carries a
standard sentence range of three to nine months for a person with no prior offenses. In addition,
the court must order a person convicted of livestock theft to pay a fine of at least two thousand
dollars for each animal killed or possessed. A livestock owner who is harmed by livestock theft
may also bring a civil action against the thief for damages. If successful, the owner may recover
up to three times the actual damages sustained and attorneys' fees.
A person is guilty of malicious mischief in the first degree if he knowingly and maliciously
causes physical damage to the property of another in an amount exceeding one thousand five
hundred dollars. Malicious mischief in the first degree is a class B felony, ranked at seriousness
level II under the Sentencing Reform Act. This offense carries a standard sentence range of zero
to 90 days for a first time offender.
Summary of Bill:
The specific crime of intentional unauthorized killing of or harm to horse or cattle belonging to
another person is created. It is an unranked class B felony, carrying a standard sentence of zero
to twelve months in jail. This crime does not apply in the industrial context of slaughterhouses
or meatpacking facilities.
The owner of the horse or cattle that has been killed or harmed may bring a civil action for treble
damages and attorneys' fees.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.