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ENGROSSED SUBSTITUTE SENATE BILL NO. 5014
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C 026 L 89
State of Washington 51st Legislature 1989 Regular Session
By Senate Committee on Law & Justice (originally sponsored by Senators Pullen, Madsen, Hayner and Rasmussen)
Read first time 1/13/89.
AN ACT Relating to police dogs; and amending RCW 4.24.410, 9A.76.200, and 16.08.080.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 1, chapter 22, Laws of 1982 and RCW 4.24.410 are each amended to read as follows:
(1) As used in this section:
(a) "Police dog" means a dog used by a law enforcement agency specially trained for law enforcement work and under the control of a dog handler.
(b) "Dog handler" means a law enforcement officer who has successfully completed training as prescribed by the Washington state criminal justice training commission in police dog handling.
(2) Any dog
handler who uses a police dog in the line of duty ((in accordance with
standards established by the law enforcement agency for which he works)) in
good faith is immune from civil action for damages arising out of such ((activities))
use of the police dog.
Sec. 2. Section 2, chapter 22, Laws of 1982 and RCW 9A.76.200 are each amended to read as follows:
(1) A
person is guilty of harming a police dog if he ((wilfully)) maliciously
injures, disables, shoots, or kills by any means any dog ((used by a peace
officer in discharging or attempting to discharge any legal duty or power of
his office)) that the person knows or has reason to know to be a police
dog, as defined in RCW 4.24.410, whether or not the dog is actually engaged in
police work at the time of the injury.
(2) Harming a police dog is a class C felony.
Sec. 3. Section 2, chapter 94, Laws of 1987 and RCW 16.08.080 are each amended to read as follows:
(1) It is
unlawful for an owner to have a dangerous dog in the state without a
certificate of registration issued under this section. This section and RCW
16.08.090 and 16.08.100 shall not apply to police dogs ((used by
law enforcement officials for police work)) as defined in RCW 4.24.410.
(2) The animal control authority of the city or county in which an owner has a dangerous dog shall issue a certificate of registration to the owner of such animal if the owner presents to the animal control unit sufficient evidence of:
(a) A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog;
(b) A surety bond issued by a surety insurer qualified under chapter 48.28 RCW in a form acceptable to the animal control authority in the sum of at least fifty thousand dollars, payable to any person injured by the vicious dog; or
(c) A policy of liability insurance, such as homeowner's insurance, issued by an insurer qualified under Title 48 RCW in the amount of at least fifty thousand dollars, insuring the owner for any personal injuries inflicted by the dangerous dog.
(3)(a) If an owner has the dangerous dog in an incorporated area that is serviced by both a city and a county animal control authority, the owner shall obtain a certificate of registration from the city authority;
(b) If an owner has the dangerous dog in an incorporated or unincorporated area served only by a county animal control authority, the owner shall obtain a certificate of registration from the county authority;
(c) If an owner has the dangerous dog in an incorporated or unincorporated area that is not served by an animal control authority, the owner shall obtain a certificate of registration from the office of the local sheriff.
(4) Cities and counties may charge an annual fee, in addition to regular dog licensing fees, to register dangerous dogs.