AN ACT Relating to the creation of an animal abuse registry; adding a new chapter to Title 16 RCW; and prescribing penalties.

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

(1) "Animal abuse offense" means the commission of any act that constitutes the criminal offense of:

(a) Animal cruelty in the first degree (RCW 16.52.205);

(b) Animal cruelty in the second degree (RCW 16.52.207);

(c) Animal fighting (RCW 16.52.117); and

(d) Poisoning animals (RCW 16.52.190).

(2) "Animal abuser" means a person over eighteen years of age or a minor who has been tried as an adult who has been convicted of an animal abuse offense.

(3) "Conviction" means a judgment entered by a court upon a plea of guilty, a plea of nolo contendere, or a finding of guilt by a jury or the court, notwithstanding any pending appeal or habeas corpus proceeding arising from the judgment. A conviction includes, but is not limited to, a conviction by a federal court or military tribunal, including a court-martial conducted by the armed forces of the United States, and a conviction in any other state of the United States, other jurisdiction, or other country. A conviction for an offense committed in another jurisdiction, that would be classified as an animal abuse offense if committed in this state, is considered a conviction. Conviction includes a deferred prosecution under chapter 10.05 RCW, or an equivalent disposition from another jurisdiction.

(4) "Primary residence" means a place where the person abides, lodges, resides, or establishes any other living accommodations in this state for five consecutive days.

(5) "Resident" means any person who abides, lodges, resides, or establishes any other living accommodations in this state.

(6) "Secondary residence" means: (a) A place where the person abides, lodges, or resides, or establishes any other living accommodations in this state for a period of fourteen or more days in the aggregate during any calendar year, and that is not the person's primary residence; (b) for a person whose primary residence is not in this state, a place where the person is employed, practices a vocation, or is enrolled as a student for a period of fourteen or more days in the aggregate during any calendar year; or (c) a place where the person routinely abides, lodges, or resides for a period of four or more consecutive or nonconsecutive days in any month and that is not the person's primary residence, including any out-of-state address.

(7) "Student" means a person who is enrolled on a full-time or part-time basis, in any public or private educational institution, including any secondary school, trade, or professional institution or institution of higher learning.

(8) "Within forty-eight hours" means a continuous forty-eight hour period, not including Saturdays, Sundays, or federal or state holidays.

(2) The registry of persons convicted of an animal abuse offense must consist of the person's name, date of birth, residential address, all animal abuse offense convictions, conviction dates, county and state convictions, and other identifying data as the attorney general determines is necessary for the public to properly identify the person. The attorney general may use the driver's license photograph of the animal abuser maintained by the department of licensing for the registry. If no driver's license photograph is available, the attorney general shall use the photograph taken at the animal abuser's arrest.

(3) The clerk of the court in which a person's conviction for an animal abuse offense occurs shall forward, electronically or otherwise, to the attorney general a copy of the judgment document of the conviction, the animal abuser's home address, and other information set out in subsection (2) of this section. The information must be forwarded to the attorney general within forty-five days of the date of judgment.

(2) An animal abuser from another state, jurisdiction, or country who has established a primary or secondary residence within this state, or has established a physical presence at a particular location, shall, within forty-eight hours of establishing residency or a physical presence, notify the attorney general of the person's presence in this state.

(3) An animal abuser from another state, jurisdiction, or country, who is not a resident of this state, shall, within forty-eight hours of employment, commencing practice of a vocation, or becoming a student in this state, notify the attorney general of the person's presence in this state.

(4) An animal abuser who does not maintain either a primary or secondary residence in this state is considered homeless, but remains subject to the registration requirements of this chapter.

(2) The fee must be retained by the clerk transmitting the information to the attorney general for the sole purpose of defraying the costs of administering this chapter.

(2) Upon receipt of notice of the death of a registered animal abuser, as evidenced by a death certificate, the attorney general shall remove all data pertaining to the deceased animal abuser from the registry.

(a) Falsify information supplied to the attorney general; or

(b) Fail to timely disclose required information to the attorney general.

(2) A violation of section 3 of this act is a continuing offense.

(3) If an animal abuser is required to register pursuant to this chapter, venue lies in any county in which the animal abuser may be found or in any county where the violation occurred.

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