SENATE BILL REPORT

SB 5301

BYSenators Halsan, Talmadge and Kreidler

Regulating vicious dogs.

Senate Committee on Judiciary

Senate Hearing Date(s):February 4, 1987; February 23, 1987

Majority Report:  That Substitute Senate Bill No. 5301 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Talmadge, Chairman; Halsan, Vice Chairman; McCaslin, Moore, Nelson.

Senate Staff:Jon Carlson (786-7459)

                  February 23, 1987

AS REPORTED BY COMMITTEE ON JUDICIARY, FEBRUARY 23, 1987

BACKGROUND:

Current law holds a dog owner liable for any injury that a person suffers as a result of a dog bite.  However, dog owners are not required to establish their ability to pay until after an incident occurs.  Several people have been victims of severe bites by dogs whose owners either refuse or are unable to pay damages for the injuries suffered.

SUMMARY:

Provisions are established to regulate the ownership of vicious dogs.

The owner of a vicious dog must register the animal with the animal control authority of the city or county in which the vicious dog is kept. To obtain the certificate, the owner must show that he or she has either a surety bond or a liability insurance policy in the amount of $50,000 insuring the owner against any injuries inflicted by the vicious dog. 

It is unlawful for a vicious dog to be at large in public or on private property not belonging to the dog's owner, if the dog is not on a leash or under a competent person's control.

A vicious dog which is not properly licensed or maintained must be confiscated and destroyed.  The owner is guilty of a gross misdemeanor.

If the owner fails to comply with these provisions and the dog attacks or bites a person, the dog's owner is guilty of a class C felony.

If the vicious dog of an owner with a prior conviction under these provisions attacks or bites a person, the dog's owner is guilty of a class B felony.

Any person entering a dog in an illegal dog fight is guilty of a class C felony.

Police and guard dogs must be licensed, but are otherwise exempt from these requirements.

EFFECT OF PROPOSED SUBSTITUTE:

"Potentially dangerous dog" and dangerous dog" are defined.

The owner of a dangerous dog is required to obtain a certificate of registration from the animal control authority.  To obtain the certificate, the owner must show that he or she has a surety bond or insurance policy in the amount of $50,000 covering the owner against any injuries inflicted by the dog.  In addition, the owner is required to show that there is a proper enclosure for the dog.

It is unlawful for the owner of a dangerous dog to permit the dog to be outside the proper enclosure unless the dog is muzzled, restrained by a substantial leash, and under the control of a responsible person.

A dangerous dog which is not properly licensed or maintained must be confiscated by an animal control authority.  The owner is guilty of a gross misdemeanor.

If a dangerous dog of an owner with a prior conviction under these provisions attacks or bites, the owner is guilty of a class C felony and the dog must be quarantined and subsequently destroyed.

The owner of any dog that causes severe injury or death to any human, irrespective of the dog's previous classification, is guilty of a class C felony and the dog must be quarantined and destroyed.

Dogs are not considered dangerous if the injury or threat is sustained by a person who commits a wilful trespass upon the owner's premises, or by a person who torments, abuses, or assaults the dog.

Potentially dangerous dogs are regulated only by local, municipal, and county ordinances.

Any person entering a dog in a dog fight is guilty of a class C felony.

Fiscal Note:      requested

Senate Committee - Testified: Lavonne Borucki, kennel owner; Jan T. Borucki, President, Southwest Washington Pit Bull Club; Steve Ryan, Jillian Ryan, Northwest American Pit Bull Terrier Club; Kay Benoit, Director, Staffordshire Bull Terrier Club, Inc.; Tom Harrington, Nisqually Kennel; Joe Halverson, Southwest Washington Pit Bull Club; Don McCullock, Bull Terrier Club of America; Larry Erickson, WASPC; Gary Edwards, Thurston Countiy Sheriff, WASPC; Roger K. Childress, Kitsap Human Society; Barbara Ultican, Washington Animal Control Assn.