BILL REQ. #:  H-4110.1 

Prefiled 01/08/08. Read first time 01/14/08.   Referred to Committee on Judiciary.

     AN ACT Relating to preventing cruelty to canines; and amending RCW 16.52.117 and 16.52.011.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 16.52.117 and 2006 c 287 s 1 are each amended to read as follows:
     (1) A person commits the crime of animal fighting if the person knowingly does any of the following:
     (a) Owns, possesses, keeps, breeds, trains, buys, sells, or advertises or offers for sale any animal with the intent that the animal shall be engaged in an exhibition of fighting with another animal;
     (b) Knowingly promotes, organizes, conducts, participates in, is a spectator of, advertises, prepares, or performs any service in the furtherance of, an exhibition of animal fighting, transports spectators to an animal fight, or provides or serves as a stakeholder for any money wagered on an animal fight at any place or building;
     (c) Keeps or uses any place for the purpose of animal fighting, or manages or accepts payment of admission to any place kept or used for the purpose of animal fighting;
     (d) Suffers or permits any place over which the person has possession or control to be occupied, kept, or used for the purpose of an exhibition of animal fighting; ((or))
     (e) Takes, leads away, possesses, confines, sells, transfers, or receives a stray animal or a pet animal, with the intent to deprive the owner of the pet animal, and with the intent of using the stray animal or pet animal for animal fighting, or for training or baiting for the purpose of animal fighting; or
     (f) Directs, commands, or facilitates a canine in his or her possession or control to injure or kill another canine.
     (2) A person who violates this section is guilty of a class C felony punishable under RCW 9A.20.021.
     (3) Except for the provisions of subsection (1)(f) of this section, nothing in this section prohibits the following:
     (a) The use of dogs in the management of livestock, as defined by chapter 16.57 RCW, by the owner of the livestock or the owner's employees or agents or other persons in lawful custody of the livestock;
     (b) The use of dogs in hunting as permitted by law; or
     (c) The training of animals or the use of equipment in the training of animals for any purpose not prohibited by law.
     (4) For the purposes of this section, "animal" means ((dogs)) canines or male chickens.

Sec. 2   RCW 16.52.011 and 2007 c 376 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) "Abandons" means the knowing or reckless 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.
     (b) "Animal" means any nonhuman mammal, bird, reptile, or amphibian.
     (c) "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.
     (d) "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 (((f))) (g) of this subsection and RCW 16.52.025.
     (e) "Canine" means any member of the taxonomical family Canidea, and includes domestic dogs, coyotes, foxes, and wolves.
     (f) "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.
     (((f))) (g) "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.
     (((g))) (h) "Law enforcement agency" means a general authority Washington law enforcement agency as defined in RCW 10.93.020.
     (((h))) (i) "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.
     (((i))) (j) "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.
     (((j))) (k) "Person" means individuals, corporations, partnerships, associations, or other legal entities, and agents of those entities.
     (((k))) (l) "Substantial bodily harm" means substantial bodily harm as defined in RCW 9A.04.110.