SENATE BILL REPORT

ESSB 5608

BYSenate Committee on Agriculture (originally sponsored by  Senators Kreidler and Hansen)

Strengthening the prohibitions against cruelty to animals.

Senate Committee on Agriculture

Senate Hearing Date(s):February 6, 1987; February 17, 1987

Majority Report:  That Substitute Senate Bill No. 5608 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Hansen, Chairman; Bauer, Vice Chairman; Anderson, Bailey, Barr.

Senate Staff:Kaleen Cottingham (786-7415)

                  April 17, 1987

AS PASSED SENATE, MARCH 10, 1987

BACKGROUND:

In recent prosecutions for cruelty to animals, county prosecutors found that animals being abused could not be removed from the cruel situation.  Fear also exists that criminal or civil actions may arise against persons who attempt to protect cruelly treated animals.  This also has led to a hesitancy on the part of law enforcement officers to destroy animals which have been seriously injured in collisions with motor vehicles.

SUMMARY:

If a law enforcement officer has reason to believe that an animal has been cruelly treated, the officer may authorize a veterinarian to determine whether the neglect is sufficient to require removal of the animal.  The authority to remove animals does not allow the illegal entry onto private property.  The owner of any animal removed for neglect shall be given written notice of circumstances and legal remedies.  A good faith effort shall be made to contact the animal's owner before removal unless the animal is in a life threatening condition.  The owner may petition for return of the animal if no criminal case is filed within 72 hours of removal.  In such a petition the burden is on the owner to show that the animal will not suffer future neglect.

Persons treating such animals shall not be civilly or criminally liable for such action.  The sentence (for misdemeanor) may be deferred or suspended.  Sentences shall be consecutive for multiple convictions.

In addition to these penalties, the court shall order forfeiture of all animals held by law enforcement if any animal dies or if there are prior convictions.  The court may order forfeiture if the cruel treatment is severe and likely to reoccur.  If forfeiture is ordered, the owner shall be prohibited from owning similar animals for two years.

The owner, upon conviction, or agreement, shall pay actual costs incurred by law enforcement and/or any other person or entity involved in caring for the animals.

There is a civil penalty of $100 to be used by the county to prevent cruelty to animals, prosecute such cases and care for such animals.

Law enforcement personnel have the right to destroy animals that have been seriously injured and would otherwise continue to suffer.

Law enforcement officer is defined as fulltime county sheriff or deputy, city police, town marshal or deputy or State Patrol.

It shall not be cruelty to transport a dog in the bed of a pickup truck.

Fiscal Note:      none requested

Senate Committee - Testified: Sue Borter; Pat Sutherland; George Steel; Michael Ware; Priscilla Scheler; Jerry Pospisil; Barbara Ultican; Marlyta Deck

HOUSE AMENDMENT:

The "Rules of the Road" (RCW 46.61) are amended so that having a dog in the back of a pickup is not prohibited.

It is clarified that the amendments relating to animal cruelty do not expand or diminish the current authority of humane societies.