BILL REQ. #:  S-1209.1 

Read first time 02/02/09.   Referred to Committee on Judiciary.

     AN ACT Relating to animal cruelty; and amending RCW 16.52.200.

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

Sec. 1   RCW 16.52.200 and 2003 c 53 s 113 are each amended to read as follows:
     (1) The sentence imposed for a misdemeanor or gross misdemeanor violation of this chapter may be deferred or suspended in accordance with RCW 3.66.067 and 3.66.068, however the probationary period shall be two years.
     (2) In case of multiple misdemeanor or gross misdemeanor convictions, the sentences shall be consecutive, however the probationary period shall remain two years.
     (3) In addition to the penalties imposed by the court, the court shall order the forfeiture of all animals held by law enforcement or animal care and control authorities under the provisions of this chapter if any one of the animals involved dies as a result of a violation of this chapter or if the defendant has a prior conviction under this chapter. In other cases the court may enter an order requiring the owner to forfeit the animal if the court deems the animal's treatment to have been severe and likely to reoccur. If forfeiture is ordered, the owner shall be prohibited from owning or caring for any similar animals for a period of ((two years)) time as follows:
     (a) For an owner who has been convicted of animal cruelty in the second degree under RCW 16.52.207, a period of two years;
     (b) For an owner who has been convicted of animal cruelty in the first degree under RCW 16.52.205, a period of five years;
     (c) For an owner who has previously been convicted of animal cruelty in the first degree under RCW 16.52.205 or animal cruelty in the second degree under RCW 16.52.207, the prohibition from owning or caring for any similar animals shall be permanent. The court may delay its decision on forfeiture under this subsection until the end of the probationary period.
     (4) In addition to fines and court costs, the defendant, only if convicted or in agreement, shall be liable for reasonable costs incurred pursuant to this chapter by law enforcement agencies, animal care and control agencies, or authorized private or public entities involved with the care of the animals. Reasonable costs include expenses of the investigation, and the animal's care, euthanization, or adoption.
     (5) If convicted, the defendant shall also pay a civil penalty of one thousand dollars to the county to prevent cruelty to animals. These funds shall be used to prosecute offenses under this chapter and to care for forfeited animals pending trial.
     (6) As a condition of the sentence imposed under this chapter or RCW 9.08.070 through 9.08.078, the court may also order the defendant to participate in an available animal cruelty prevention or education program or obtain available psychological counseling to treat mental health problems contributing to the violation's commission. The defendant shall bear the costs of the program or treatment.