SENATE BILL REPORT

SB 6350

BYSenators Smith, Halsan, Zimmerman, West and Bauer

Establishing a civil penalty for killing or injuring a guide or service dog.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 1, 1988

Majority Report:  That Substitute Senate Bill No. 6350 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Halsan, Hayner, Madsen, Nelson, Newhouse, Talmadge.

Senate Staff:Lidia Mori (786-7418)

                  February 1, 1988

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 1, 1988

BACKGROUND:

It is a gross misdemeanor for a person to intentionally take, lead away, confine, secrete, convert, wilfully kill or injure any dog or to conceal the identity of any dog or its owner.  Violation of this law can result in up to one year in jail and/or a fine of up to $1,000.  Other states have laws similar to Washington's law.  When this law has been violated in other states, there has been little or no prosecution.  Concern exists that the same result may occur in Washington.

SUMMARY:

A civil penalty has been proposed as an option for the user of a guide or service dog that is wilfully injured or killed.

A person who wilfully kills or injures a guide or service dog must pay a penalty of $1,000 to the user of the dog.  This penalty is in addition to any other remedies or penalties, either civil or criminal, provided in the law.

EFFECT OF PROPOSED SUBSTITUTE:

A person who negligently or maliciously kills or injures a guide or service dog must pay a penalty of $1,000 to the user of the dog.

When a guide or service dog is negligently or maliciously injured or killed, the user or owner of the dog is entitled to recover attorney fees and costs incurred in pursuing any civil remedy.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 29, 1988

Senate Committee - Testified: Kay Kip, National Federation of the Blind of Washington