SB 5227

SENATE BILL REPORT
SB 5227

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.

As Reported By Senate Committee On:
Judiciary, February 6, 2007

Sponsors: Senators Tom, Kline, Carrell, Rasmussen, Stevens, Shin, Roach, McAuliffe, Weinstein, Jacobsen, Kilmer and Kohl-Welles.

Majority Report: That Substitute Senate Bill No. 5227 be substituted therefor, and the substitute bill do pass.Signed by Senators Kline, Chair; Tom, Vice Chair; McCaslin, Ranking Minority Member; Carrell, Hargrove, Murray, Roach and Weinstein.

Background: Animal abandonment is included within the general crime of animal cruelty in the second degree. There is currently no definition provided in statute for the word abandonment. Animal cruelty in the second degree is currently a misdemeanor offense punishable by up to 90 days in jail and a $1,000 fine. Proponents of the bill feel that it is necessary to differentiate between two areas in the crime of animal cruelty in the second degree; those of neglect versus abandonment.

Summary of Bill: Abandonment is defined as the knowing, reckless, or with criminal negligence desertion of an animal by its owner, or the causing of the animal to be deserted by its owner, in any place, without making provisions for the animal's adequate care. Individuals who partake in animal cruelty in the second degree, involving abandonment, are guilty of a gross misdemeanor. A gross misdemeanor is an offense punishable by up to 365 days in jail and a $5,000 fine.

EFFECT OF CHANGES MADE BY RECOMMENDED SUBSTITUTE AS PASSED COMMITTEE (Judiciary): Criminal negligence is removed from the definition of "Abandons."

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: This bill can help save lives and money for municipalities, counties and the state. Municipalities, counties and the state incur costs due to the hundreds of calls answered by law enforcement, animal control, and shelters related to animal abandonment. Animal abandonment contributes to the third leading cause of total automobile collisions. Many states actually post signs warning motorists that animal abandonment is illegal and informing them of the fines involved.

Realtors and property managers are frequently called when people move and leave their pets inside their house or apartment. They support this bill, as do the veterinarians. Furthermore, there is minimal to no fiscal impact. This bill does not apply to husbandry practices.