S-1107               _______________________________________________

                                                   SENATE BILL NO. 5488

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators Barr, Hansen, Bauer, Conner, Sellar, DeJarnatt, Owen, Metcalf, Sutherland, Bailey, Gaspard, Madsen, Newhouse, Hayner, Rinehart, Smitherman, Benitz, Amondson, Anderson and Matson

Read first time 1/26/89 and referred to Committee on   Agriculture.

AN ACT Relating to theft of livestock; adding a new section to chapter 9A.56 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 9A.56 RCW to read as follows:

          (1) Whenever a person is convicted of a violation of RCW 9A.56.080, the convicting court shall order the person to pay to the Washington state criminal justice training commission, for the purpose of funding training in livestock theft investigation and rural crime prevention, the amount of two thousand dollars for each animal killed or possessed.

          (2) For the purpose of this section, the term "convicted" includes a plea of guilty, a finding of guilt regardless of whether the imposition of the sentence is deferred or any part of the penalty is suspended, or the levying of a fine.

          (3) If two or more persons are convicted of any violation of this section, the amount required under this section shall be imposed upon them jointly and severally.

          (4) The fine in this section shall be imposed in addition to and regardless of any penalty, including fines or costs, that is provided for any violation of this section.  The amount imposed by this section shall be included by the court in any pronouncement of sentence and may not be suspended, waived, modified, or deferred in any respect.  Nothing in this section may be construed to abridge or alter alternative rights of action or remedies in equity or under common law or statutory law, criminal or civil.

          (5) A defaulted payment or any installment payment may be collected by any means authorized by law for the enforcement of orders of the court or collection of a fine or costs, including vacation of a deferral of sentencing or of a suspension of sentence.

          (6) All funds collected under this section shall be retained by the Washington state criminal justice training commission to be spent only for purposes of funding training in livestock theft investigation and rural crime prevention.