2191-S AMS JUD S5090.1

SHB 2191  - S COMM AMD
     By Committee on Judiciary

WITHDRAWN 02/28/2012

     Strike everything after the enacting clause and insert the following:

"Sec. 1   RCW 16.08.040 and 1941 c 77 s 1 are each amended to read as follows:
     (1) The owner of any dog which shall bite any person while such person is in or on a public place or lawfully in or on a private place including the property of the owner of such dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness.
     (2) This section does not apply to the lawful application of a police dog, as defined in RCW 4.24.410.

Sec. 2   RCW 9A.76.200 and 2003 c 269 s 1 are each amended to read as follows:
     (1) A person is guilty of harming a police dog, accelerant detection dog, or police horse, if he or she maliciously injures, disables, shoots, or kills by any means any dog or horse that the person knows or has reason to know to be a police dog or accelerant detection dog, as defined in RCW 4.24.410, or police horse, as defined in subsection (2) of this section, whether or not the dog or horse is actually engaged in police or accelerant detection work at the time of the injury.
     (2) "Police horse" means any horse used or kept for use by a law enforcement officer in discharging any legal duty or power of his or her office.
     (3) Harming a police dog, accelerant detection dog, or police horse is a class C felony.
     (4)(a) In addition to the criminal penalty provided in this section for harming a police dog:
     (i) The court may impose a civil penalty of five thousand dollars for harming a police dog.
     (ii) The court shall impose a civil penalty of at least five thousand dollars and may increase the penalty up to a maximum of ten thousand dollars for killing a police dog.
     (b) The fines imposed in this subsection (4) may not be reversed. Moneys collected must be distributed to the jurisdiction that owns the police dog.
"

SHB 2191  - S COMM AMD
     By Committee on Judiciary

WITHDRAWN 02/28/2012

     On page 1, line 1 of the title, after "dogs;" strike the remainder of the title and insert "amending RCW 16.08.040 and 9A.76.200; and prescribing penalties."

EFFECT:  A $5,000 fine is discretionary if the police dog is harmed. If the police dog is killed, a $5,000 fine is mandatory and the court may impose up to a $10,000 fine.

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