BILL REQ. #: H-0393.2
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/13/11. Referred to Committee on Judiciary.
AN ACT Relating to prevention of animal cruelty; amending RCW 16.52.011, 16.52.085, 16.52.200, and 16.52.207; adding a new section to chapter 16.52 RCW; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 16.52.011 and 2009 c 287 s 1 are each amended to read
as follows:
(1) Principles of liability as defined in chapter 9A.08 RCW apply
to this chapter.
(2) The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(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) of this
subsection and RCW 16.52.025.
(e) "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) "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) "Law enforcement agency" means a general authority Washington
law enforcement agency as defined in RCW 10.93.020.
(h) "Necessary food and water" 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)) food or feed appropriate to the species for which it is
intended. Both food and water must be in sufficient quantity and
quality to sustain the animal, and must be easily accessible to the
animal.
(i) "Necessary shelter" means a structure that keeps the animal
clean, dry, and protected from the elements, allows the animal to turn
around freely, sit, stand, and lie without restriction, and does not
cause injury, disfigurement, or physical impairment to the animal.
(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) "Similar animal" means ((an animal classified in the
same genus)): (i) For a mammal, another animal that is in the same
taxonomic order; or (ii) for an animal that is not a mammal, another
animal that is in the same taxonomic class.
(((l))) (m) "Substantial bodily harm" means substantial bodily harm
as defined in RCW 9A.04.110.
Sec. 2 RCW 16.52.085 and 2009 c 287 s 2 are each amended to read
as follows:
(1) If a law enforcement officer or animal control officer has
probable cause to believe that an owner of a domestic animal has
violated this chapter or ((owns or possesses)) a person owns, cares
for, or resides with an animal in violation of an order issued under
RCW 16.52.200(((3))) (4) and no responsible person can be found to
assume the animal's care, the officer may authorize, with a warrant,
the removal of the animal to a suitable place for feeding and care, or
may place the animal under the custody of an animal care and control
agency. In determining what is a suitable place, the officer shall
consider the animal's needs, including its size and behavioral
characteristics. An officer may remove an animal under this subsection
without a warrant only if the animal is in an immediate life-threatening condition.
(2) If a law enforcement officer or an animal control officer has
probable cause to believe a violation of this chapter has occurred, the
officer may authorize an examination of a domestic animal allegedly
neglected or abused in violation of this chapter by a veterinarian to
determine whether the level of neglect or abuse in violation of this
chapter is sufficient to require removal of the animal. This section
does not condone illegal entry onto private property.
(3) Any owner whose domestic animal is removed pursuant to this
chapter shall be given written notice of the circumstances of the
removal and notice of legal remedies available to the owner. The
notice shall be given by posting at the place of seizure, by delivery
to a person residing at the place of seizure, or by registered mail if
the owner is known. In making the decision to remove an animal
pursuant to this chapter, the officer shall make a good faith effort to
contact the animal's owner before removal.
(4) The agency having custody of the animal may euthanize the
animal or may find a responsible person to adopt the animal not less
than fifteen business days after the animal is taken into custody. A
custodial agency may euthanize severely injured, diseased, or suffering
animals at any time. An owner may prevent the animal's destruction or
adoption by: (a) Petitioning the district court of the county where
the animal was seized for the animal's immediate return subject to
court-imposed conditions, or (b) posting a bond or security in an
amount sufficient to provide for the animal's care for a minimum of
thirty days from the seizure date. If the custodial agency still has
custody of the animal when the bond or security expires, the animal
shall become the agency's property unless the court orders an
alternative disposition. If a court order prevents the agency from
assuming ownership and the agency continues to care for the animal, the
court shall order the owner to renew a bond or security for the
agency's continuing costs for the animal's care. When a court has
prohibited the owner from owning ((or possessing)), caring for, or
residing with a similar animal under RCW 16.52.200(((3))) (4), the
agency having custody of the animal may assume ownership upon seizure
and the owner may not prevent the animal's destruction or adoption by
petitioning the court or posting a bond.
(5) If no criminal case is filed within fourteen business days of
the animal's removal, the owner may petition the district court of the
county where the animal was removed for the animal's return. The
petition shall be filed with the court, with copies served to the law
enforcement or animal care and control agency responsible for removing
the animal and to the prosecuting attorney. If the court grants the
petition, the agency which seized the animal must deliver the animal to
the owner at no cost to the owner. If a criminal action is filed after
the petition is filed but before the animal is returned, the petition
shall be joined with the criminal matter.
(6) In a motion or petition for the animal's return before a trial,
the burden is on the owner to prove by a preponderance of the evidence
that the animal will not suffer future neglect or abuse and is not in
need of being restored to health.
(7) Any authorized person treating or attempting to restore an
animal to health under this chapter shall not be civilly or criminally
liable for such action.
Sec. 3 RCW 16.52.200 and 2009 c 287 s 3 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))
(4) Any person convicted of animal cruelty shall be prohibited from
owning ((or)), caring for, or residing with any similar animals for a
period of time as follows:
(a) Two years for a first conviction of animal cruelty in the
second degree under RCW 16.52.207;
(b) Permanently for a first conviction of animal cruelty in the
first degree under RCW 16.52.205;
(c) Permanently for a second or subsequent conviction of animal
cruelty, except as provided in subsection (((4))) (5) of this section.
(((4))) (5) If a person has no more than two convictions of animal
cruelty and each conviction is for animal cruelty in the second degree,
the person may petition the sentencing court in which the most recent
animal cruelty conviction occurred, for a restoration of the right to
own or possess a similar animal five years after the date of the second
conviction. In determining whether to grant the petition, the court
shall consider, but not be limited to, the following:
(a) The person's prior animal cruelty in the second degree
convictions;
(b) The type of harm or violence inflicted upon the animals;
(c) Whether the person has completed the conditions imposed by the
court as a result of the underlying convictions; ((and))
(d) Whether the person complied with the prohibition on owning,
caring for, or residing with similar animals; and
(e) Any other matters the court finds reasonable and material to
consider in determining whether the person is likely to abuse another
animal.
The court may delay its decision on forfeiture under subsection
(3) of this section until the end of the probationary period.
(((5))) (6) 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.
(((6))) (7) 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.
(((7))) (8) If a person violates the prohibition on owning, caring
for, or residing with similar animals under subsection (4) of this
section, that person shall pay a civil penalty of one thousand dollars
for the first violation and two thousand five hundred dollars for the
second violation. On the third and each subsequent violation of
subsection (4) of this section, that person is guilty of a gross
misdemeanor.
(9) 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.
Sec. 4 RCW 16.52.207 and 2007 c 376 s 1 are each amended to read
as follows:
(1) A person is guilty of animal cruelty in the second degree if,
under circumstances not amounting to first degree animal cruelty, the
person knowingly, recklessly, or with criminal negligence inflicts
unnecessary suffering or pain upon an animal.
(2) An owner of an animal is guilty of animal cruelty in the second
degree if, under circumstances not amounting to first degree animal
cruelty, the owner knowingly, recklessly, or with criminal negligence:
(a) Fails to provide the animal with necessary shelter, rest,
sanitation, space, or medical attention and the animal suffers
unnecessary or unjustifiable physical pain as a result of the failure;
(b) Under circumstances not amounting to animal cruelty in the
second degree under (c) of this subsection, abandons the animal; or
(c) Abandons the animal and (i) as a result of being abandoned, the
animal suffers bodily harm; or (ii) abandoning the animal creates an
imminent and substantial risk that the animal will suffer substantial
bodily harm.
(3)(((a))) Animal cruelty in the second degree ((under subsection
(1), (2)(a), or (2)(b) of this section)) is a gross misdemeanor.
(((b) Animal cruelty in the second degree under subsection (2)(c)
of this section is a gross misdemeanor.))
(4) In any prosecution of animal cruelty in the second degree under
subsection (1) or (2)(a) of this section, it shall be an affirmative
defense, if established by the defendant by a preponderance of the
evidence, that the defendant's failure was due to economic distress
beyond the defendant's control.
NEW SECTION. Sec. 5 A new section is added to chapter 16.52 RCW
to read as follows:
(1) An owner who fails to provide an animal with necessary food,
water, shelter, ventilation, rest, sanitation, space, or medical
attention may be charged with failure to provide care.
(2) Failure to provide care is a class 2 civil infraction under RCW
7.80.120(1)(b).