1652-S.E AAS 3/3/94
ESHB 1652 - S COMM AMD (S5554.1)
By Committee on Law & Justice
ADOPTED AS AMENDED 3/3/94
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds there is a need to modernize the law on animal cruelty to more appropriately address the nature of the offense. It is not the intent of this act to remove or decrease any of the exemptions from the statutes on animal cruelty that now apply to customary animal husbandry practices, state game or fish laws, rodeos, fairs under chapter 15.76 RCW, or medical research otherwise authorized under federal or state law. It is the intent of this act to require the enforcement of chapter 16.52 RCW by persons who are accountable to elected officials at the local and state level.
NEW SECTION. Sec. 2. A new section is added to chapter 16.52 RCW to read as follows:
(1) Principles of liability as defined in chapter 9A.08 RCW apply to this chapter.
(2) Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(a) "Animal" means any nonhuman mammal, bird, reptile, or amphibian.
(b) "Animal care and control agency" means any city or county animal control agency or authority authorized to enforce city or county municipal ordinances regulating the care, control, licensing, or treatment of animals within the city or county, and any corporation organized under RCW 16.52.020 that contracts with a city or county to enforce the city or county ordinances governing animal care and control.
(c) "Animal control officer" means any individual employed, contracted, or appointed pursuant to section 5 of this act by an animal care and control agency or humane society to aid in the enforcement of ordinances or laws regulating the care and control of animals. For purposes of this chapter, the term "animal control officer" shall be interpreted to include "humane officer" as defined in (e) of this subsection and section 5 of this act.
(d) "Euthanasia" means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death, or by a method that causes painless loss of consciousness, and death during the loss of consciousness.
(e) "Humane officer" means any individual employed, contracted, or appointed by an animal care and control agency or humane society as authorized under section 5 of this act.
(f) "Law enforcement agency" means a general authority Washington law enforcement agency as defined in RCW 10.93.020.
(g) "Necessary food" means the provision at suitable intervals of wholesome foodstuff suitable for the animal's age and species and sufficient to provide a reasonable level of nutrition for the animal.
(h) "Owner" means a person who has a right, claim, title, legal share, or right of possession to an animal or a person having lawful control, custody, or possession of an animal.
(i) "Person" means individuals, corporations, partnerships, associations, or other legal entities, and agents of those entities.
(j) "Substantial bodily harm" means substantial bodily harm as defined in RCW 9A.04.110.
NEW SECTION. Sec. 3. A new section is added to chapter 16.52 RCW to read as follows:
(1) Law enforcement agencies and animal care and control agencies may enforce the provisions of this chapter. Animal care and control agencies may enforce the provisions of this chapter in a county or city only if the county or city legislative authority has entered into a contract with the agency to enforce the provisions of this chapter.
(2) Animal control officers enforcing this chapter shall comply with the same constitutional and statutory restrictions concerning the execution of police powers imposed on law enforcement officers who enforce this chapter and other criminal laws of the state of Washington.
(3) Animal control officers have the following enforcement powers when enforcing this chapter:
(a) The power to issue citations based on probable cause to offenders for misdemeanor and gross misdemeanor violations of this chapter or RCW 9.08.070 or 81.56.120;
(b) The power to cause a law enforcement officer to arrest and take into custody any person the animal control officer has probable cause to believe has committed or is committing a violation of this chapter or RCW 9.08.070 or 81.56.120. Animal control officers may make an oral complaint to a prosecuting attorney or a law enforcement officer to initiate arrest. The animal control officer causing the arrest shall file with the arresting agency a written complaint within twenty-four hours of the arrest, excluding Sundays and legal holidays, stating the alleged act or acts constituting a violation;
(c) The power to carry nonfirearm protective devices for personal protection;
(d) The power to prepare affidavits in support of search warrants and to execute search warrants when accompanied by law enforcement officers to investigate violations of this chapter or RCW 9.08.070 or 81.56.120, and to seize evidence of those violations.
(4) Upon request of an animal control officer who has probable cause to believe that a person has violated this chapter or RCW 9.08.070 or 81.56.120, a law enforcement agency officer may arrest the alleged offender.
Sec. 4. RCW 16.52.020 and 1973 1st ex.s. c 125 s 1 are each amended to read as follows:
Any citizens of the
state of Washington ((who have heretofore, or who shall hereafter,
incorporate as a body corporate,)) incorporated under the laws of
this state as a humane society or as a society for the prevention of cruelty to
animals may ((avail themselves of the privileges of RCW 16.52.010 through
16.52.050, 16.52.070 through 16.52.090 and 16.52.100 through 16.52.180:
PROVIDED, That)) enforce the provisions of this chapter through its
animal control officers subject to the limitations in sections 3 and 5 of this
act. The legislative authority in each county may grant exclusive
authority to exercise the privileges and authority granted by this section to
one or more qualified corporations for a period of up to three years based upon
ability to fulfill the purposes of this chapter.
NEW SECTION. Sec. 5. A new section is added to chapter 16.52 RCW to read as follows:
Trustees of humane societies incorporated pursuant to RCW 16.52.020 may appoint society members to act as animal control officers. The trustee appointments shall be in writing. The appointment shall be effective in a particular county only if an appointee obtains written authorization from the superior court of the county in which the appointee seeks to enforce this chapter. To obtain judicial authorization, an appointee seeking judicial authorization on or after the effective date of this section shall provide evidence satisfactory to the judge that the appointee has successfully completed training which has prepared the appointee to assume the powers granted to animal control officers pursuant to section 3 of this act. The trustees shall review appointments every three years and may revoke an appointment at any time by filing a certified revocation with the superior court that approved the appointment. Authorizations shall not exceed three years or trustee termination, whichever occurs first. To qualify for reappointment when a term expires on or after the effective date of this section, the officer shall obtain training or satisfy the court that the officer has sufficient experience to exercise the powers granted to animal control officers pursuant to section 3 of this act.
Sec. 6. RCW 16.52.085 and 1987 c 335 s 1 are each amended to read as follows:
(1) If ((the county
sheriff or other)) a law enforcement officer ((shall find)) or
animal control officer has probable cause to believe that ((said)) an
owner of a domestic animal has ((been neglected by its owner, he or she))
violated this chapter and no responsible person can be found to assume the
animal's care, the officer may authorize, with a warrant, the
removal of the animal to a ((proper pasture or other)) suitable place
for feeding and ((restoring to health.)) care, or may place the
animal under the custody of an animal care and control agency. In determining
what is a suitable place, the officer shall consider the animal's needs,
including its size and behavioral characteristics. An officer may remove an
animal under this subsection without a warrant only if the animal is in an
immediate life-threatening condition.
(2) If a law
enforcement officer or an animal control officer has probable cause to
believe a violation of this chapter has occurred, the officer may authorize an
examination of ((an)) a domestic animal allegedly neglected ((domestic
animal)) or abused in violation of this chapter by a veterinarian to
determine whether the level of neglect or abuse in violation of this chapter
is sufficient to require removal of the animal. This section does not condone
illegal entry onto private property.
(3) Any owner whose domestic
animal is removed ((to a suitable place)) pursuant to this chapter shall
be given written notice of the circumstances of the removal and notice of legal
remedies available to the owner. The notice shall be given by posting at
the place of seizure, by delivery to a person residing at the place of seizure,
or by registered mail if the owner is known. In making the decision to
remove an animal pursuant to this chapter, the ((law enforcement))
officer shall make a good faith effort to contact the animal's owner before
removal ((unless the animal is in a life-threatening condition or unless the
officer reasonably believes that the owner would remove the animal from the
jurisdiction)).
(4) The agency having custody of the animal may euthanize the animal or may find a responsible person to adopt the animal not less than fifteen business days after the animal is taken into custody. A custodial agency may euthanize severely injured, diseased, or suffering animals at any time. An owner may prevent the animal's destruction or adoption by: (a) Petitioning the district court of the county where the animal was seized for the animal's immediate return subject to court-imposed conditions, or (b) posting a bond or security in an amount sufficient to provide for the animal's care for a minimum of thirty days from the seizure date. If the custodial agency still has custody of the animal when the bond or security expires, the animal shall become the agency's property unless the court orders an alternative disposition. If a court order prevents the agency from assuming ownership and the agency continues to care for the animal, the court shall order the owner to renew a bond or security for the agency's continuing costs for the animal's care.
(5) If no
criminal case is filed within ((seventy-two hours)) fourteen business
days of the ((removal of the animal)) animal's removal, the
owner may petition the district court of the county where the ((removal of
the)) animal ((occurred)) was removed for the ((return of
the animal)) animal's return. The petition shall be filed with the
court, with copies served to the law enforcement or animal care and control
agency responsible for removing the animal and to the prosecuting attorney. If
the court grants the petition, the agency which seized the animal must deliver
the animal to the owner at no cost to the owner. If a criminal action is
filed after the petition is filed but before the animal is returned, the
petition shall be joined with the criminal matter.
(((5))) (6)
In a motion or petition for the ((return of the removed animal)) animal's
return before a trial, the burden is on the owner to prove by a
preponderance of the evidence that the animal will not suffer future neglect or
abuse and is not in need of being restored to health.
(((6))) (7)
Any authorized person treating or attempting to restore an animal to health
under this chapter shall not be civilly or criminally liable for such action.
Sec. 7. RCW 16.52.095 and Code 1881 s 840 are each amended to read as follows:
It shall not be lawful for any person to cut off more than one-half of the ear or ears of any domestic animal such as an ox, cow, bull, calf, sheep, goat or hog, or dog, and any person cutting off more than one-half of the ear or ears of any such animals, shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined in any sum less than twenty dollars. This section does not apply if cutting off more than one-half of the ear of the animal is a customary husbandry practice.
NEW SECTION. Sec. 8. A new section is added to chapter 16.52 RCW to read as follows:
(1) A person is guilty of animal cruelty in the first degree when, except as authorized in law, he or she intentionally or knowingly (a) inflicts substantial pain on, (b) causes physical injury to, or (c) kills an animal by a means causing undue suffering, or forces a minor to inflict unnecessary pain, injury, or death on an animal.
(2) Animal cruelty in the first degree is a class C felony.
NEW SECTION. Sec. 9. A new section is added to chapter 16.52 RCW to read as follows:
(1) A person is guilty of animal cruelty in the second degree if, under circumstances not amounting to first degree animal cruelty, the person knowingly, recklessly, or with criminal negligence inflicts unnecessary suffering or pain upon an animal.
(2) An owner of an animal is guilty of animal cruelty in the second degree if, under circumstances not amounting to first degree animal cruelty, the owner knowingly, recklessly, or with criminal negligence:
(a) Fails to provide the animal with necessary food, water, shelter, rest, sanitation, ventilation, space, or medical attention and the animal suffers unnecessary or unjustifiable physical pain as a result of the failure; or
(b) Abandons the animal.
(3) Animal cruelty in the second degree is a misdemeanor.
(4) In any prosecution of animal cruelty in the second degree, it shall be an affirmative defense, if established by the defendant by a preponderance of the evidence, that the defendant's failure was due to economic distress beyond the defendant's control.
Sec. 10. RCW 16.52.100 and 1982 c 114 s 6 are each amended to read as follows:
((Any person who
shall impound or confine or cause to be impounded or confined any domestic
animal, shall supply the same during such confinement with a sufficient
quantity of good and wholesome food and water, and in default thereof shall be
guilty of a misdemeanor. In case)) If any domestic animal ((shall
be)) is impounded or confined ((as aforesaid and shall continue
to be)) without necessary food and water for more than ((twenty-four))
thirty-six consecutive hours, ((it shall be lawful for)) any
person may, from time to time, as ((it shall be deemed)) is
necessary ((to)), enter into and open any pound or place of
confinement in which any domestic animal ((shall be)) is
confined, and supply it with necessary food and water so long as it ((shall
be)) is confined. ((Such)) The person shall not be
liable to action for ((such)) the entry, and may collect from
the animal's owner the reasonable cost of ((such)) the food
and water ((may be collected by him of the owner of such animal, and the
said)). The animal shall be subject to attachment ((therefor))
for the costs and shall not be exempt from levy and sale upon execution
issued upon a judgment ((therefor)). If an investigating officer finds
it extremely difficult to supply ((such)) confined animals with
food and water, the officer may remove the animals to protective custody for
that purpose.
Sec. 11. RCW 16.52.117 and 1982 c 114 s 9 are each amended to read as follows:
(1) Any person who does any of the following is guilty of a gross misdemeanor punishable by imprisonment not to exceed one year, or by a fine not to exceed five thousand dollars, or by both fine and imprisonment:
(a) Owns, possesses,
keeps, or trains any ((dog)) animal with the intent that the ((dog))
animal shall be engaged in an exhibition of fighting with another ((dog))
animal;
(b) For amusement or
gain causes any ((dog)) animal to fight with another ((dog))
animal, or causes any ((dogs)) animals to injure each
other; or
(c) Permits any act in violation of (a) or (b) of this subsection to be done on any premises under his or her charge or control, or promotes or aids or abets any such act.
(2) Any person who is
knowingly present, as a spectator, at any place or building where preparations
are being made for an exhibition of the fighting of ((dogs)) animals,
with the intent to be present at such preparations, or is knowingly present at
such exhibition or at any other fighting or injuring as described in subsection
(1)(b) of this section, with the intent to be present at such exhibition,
fighting, or injuring, is guilty of a misdemeanor.
(3) Nothing in this section may prohibit the following:
(a) The use of dogs in the management of livestock, as defined by chapter 16.57 RCW, by the owner of the livestock or the owner's employees or agents or other persons in lawful custody of the livestock;
(b) The use of dogs in hunting as permitted by law; or
(c) The training of ((dogs))
animals or the use of equipment in the training of ((dogs)) animals
for any purpose not prohibited by law.
Sec. 12. RCW 16.52.180 and 1901 c 146 s 18 are each amended to read as follows:
No part of ((RCW
16.52.010 through 16.52.050, 16.52.070 through 16.52.090 and 16.52.100 through
16.52.180)) this chapter shall be deemed to interfere with any of
the laws of this state known as the "game laws," nor ((shall RCW
16.52.010 through 16.52.050, 16.52.070 through 16.52.090 and 16.52.100 through
16.52.180)) be deemed to interfere with the right to destroy any venomous
reptile or any known as dangerous to life, limb or property, or to interfere
with the right to kill animals to be used for food or with any properly
conducted scientific experiments or investigations, which experiments or
investigations shall be performed only under the authority of the faculty of
some regularly incorporated college or university of the state of Washington or
a research facility registered with the United States department of agriculture
and regulated by 7 U.S.C. Sec. 2131 et seq.
Sec. 13. RCW 16.52.190 and 1941 c 105 s 1 are each amended to read as follows:
((It shall be
unlawful for any person to wilfully or maliciously poison any domestic animal
or domestic bird: PROVIDED, That the provisions)) (1) Except as
provided in subsections (2) and (3) of this section, a person is guilty of the
crime of poisoning animals if the person intentionally or knowingly poisons an
animal under circumstances which do not constitute animal cruelty in the first
degree.
(2) Subsection (1)
of this section shall not apply to ((the killing)) euthanizing by
poison ((such)) an animal ((or bird)) in a lawful and
humane manner by the animal's owner ((thereof)), or by a duly
authorized servant or agent of ((such)) the owner, or by a person
acting pursuant to instructions from a duly constituted public authority.
(3) Subsection (1) of this section shall not apply to the reasonable use of rodent or pest poison, insecticides, fungicides, or slug bait for their intended purposes. As used in this section, the term "rodent" includes but is not limited to Columbia ground squirrels, other ground squirrels, rats, mice, gophers, rabbits, and any other rodent designated as injurious to the agricultural interests of the state as provided in chapter 17.16 RCW. The term "pest" as used in this section includes any pest as defined in RCW 17.21.020.
Sec. 14. RCW 16.52.200 and 1987 c 335 s 2 are each amended to read as follows:
(1) The sentence imposed for a misdemeanor or gross misdemeanor violation of this chapter may be deferred or suspended in accordance with RCW 3.66.067 and 3.66.068, however the probationary period shall be two years.
(2) In case of multiple misdemeanor or gross misdemeanor convictions, the sentences shall be consecutive, however the probationary period shall remain two years.
(3) In addition to the
penalties imposed by the court, the court shall order the forfeiture of all
animals held by law enforcement or animal care and control authorities
under the provisions of this chapter if any one of the animals involved dies as
a result of a violation of this chapter or if the defendant has a prior conviction
under this chapter. In other cases the court may enter an order requiring the
owner to forfeit the animal if the court deems the ((cruel)) animal's
treatment to have been severe and likely to reoccur. If forfeiture is ordered,
the owner shall be prohibited from owning or caring for any similar animals for
a period of two years. The court may delay its decision on forfeiture under
this subsection until the end of the probationary period.
(4) In addition to
fines and court costs, the ((owner)) defendant, only if convicted
or in agreement, shall be liable for reasonable costs incurred pursuant to this
chapter by ((the)) law enforcement agencies, animal care and control
agencies, or authorized private or public entities involved with the care
of the animals. Reasonable costs include expenses of the investigation, and
the animal's care, euthanization, or adoption.
(5) If convicted, the
((owner)) defendant shall also pay a civil penalty of one ((hundred))
thousand dollars to the county to prevent cruelty to animals. These
funds shall be used to prosecute offenses under this chapter and to care for
forfeited animals pending trial.
(6) As a condition of the sentence imposed under this chapter or RCW 9.08.070, the court may also order the defendant to participate in an available animal cruelty prevention or education program or obtain available psychological counseling to treat mental health problems contributing to the violation's commission. The defendant shall bear the costs of the program or treatment.
Sec. 15. RCW 16.52.300 and 1990 c 226 s 1 are each amended to read as follows:
(1) If any
person ((who uses)) commits the crime of animal cruelty in the first
or second degree by using or trapping to use domestic dogs or cats as bait,
prey, or targets for the purpose of training dogs or other animals to track,
fight, or hunt, ((in such a fashion as to torture, torment, deprive of
necessary sustenance, cruelly beat, or mutilate such animals, shall be guilty
of a misdemeanor.
(2) Any person who
violates the provisions of subsection (1) of this section, and whose actions
result in the death of the animal, shall be guilty of a gross misdemeanor.
(3) Any person who
captures by trap a domestic dog or cat to be used as bait, prey, or targets for
the purpose of training dogs or other animals to track, fight, or hunt, in such
a fashion as to torture, torment, deprive of necessary sustenance, cruelly
beat, or mutilate such animals, shall be guilty of a misdemeanor.
(4) Any person who
violates the provisions of subsection (3) of this section, and whose actions
result in the death of the animal, shall be guilty of a gross misdemeanor.
(5) If a person
violates this section,)) law
enforcement ((authorities)) officers or animal control officers
shall seize and hold the animals being trained. ((Such)) The seized
animals shall be disposed of by the court pursuant to the provisions of RCW
16.52.200(3).
(((6))) (2)
This section shall not in any way interfere with or impair the operation of any
provision of Title 28B RCW, relating to higher education or biomedical
research.
Sec. 16. RCW 9.94A.030 and 1994 c 1 s 3 (Initiative Measure No. 593), 1993 c 338 s 2, 1993 c 251 s 4, and 1993 c 164 s 1 are each reenacted and amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Collect," or any derivative thereof, "collect and remit," or "collect and deliver," when used with reference to the department of corrections, means that the department is responsible for monitoring and enforcing the offender's sentence with regard to the legal financial obligation, receiving payment thereof from the offender, and, consistent with current law, delivering daily the entire payment to the superior court clerk without depositing it in a departmental account.
(2) "Commission" means the sentencing guidelines commission.
(3) "Community corrections officer" means an employee of the department who is responsible for carrying out specific duties in supervision of sentenced offenders and monitoring of sentence conditions.
(4) "Community custody" means that portion of an inmate's sentence of confinement in lieu of earned early release time served in the community subject to controls placed on the inmate's movement and activities by the department of corrections.
(5) "Community placement" means that period during which the offender is subject to the conditions of community custody and/or postrelease supervision, which begins either upon completion of the term of confinement (postrelease supervision) or at such time as the offender is transferred to community custody in lieu of earned early release. Community placement may consist of entirely community custody, entirely postrelease supervision, or a combination of the two.
(6) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender.
(7) "Community supervision" means a period of time during which a convicted offender is subject to crime-related prohibitions and other sentence conditions imposed by a court pursuant to this chapter or RCW 16.52.200(6) or 46.61.524. For first-time offenders, the supervision may include crime-related prohibitions and other conditions imposed pursuant to RCW 9.94A.120(5). For purposes of the interstate compact for out-of-state supervision of parolees and probationers, RCW 9.95.270, community supervision is the functional equivalent of probation and should be considered the same as probation by other states.
(8) "Confinement" means total or partial confinement as defined in this section.
(9) "Conviction" means an adjudication of guilt pursuant to Titles 10 or 13 RCW and includes a verdict of guilty, a finding of guilty, and acceptance of a plea of guilty.
(10) "Court-ordered legal financial obligation" means a sum of money that is ordered by a superior court of the state of Washington for legal financial obligations which may include restitution to the victim, statutorily imposed crime victims' compensation fees as assessed pursuant to RCW 7.68.035, court costs, county or interlocal drug funds, court-appointed attorneys' fees, and costs of defense, fines, and any other financial obligation that is assessed to the offender as a result of a felony conviction. Upon conviction for vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), or vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal financial obligations may also include payment to a public agency of the expense of an emergency response to the incident resulting in the conviction, subject to the provisions in RCW 38.52.430.
(11) "Crime-related prohibition" means an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted, and shall not be construed to mean orders directing an offender affirmatively to participate in rehabilitative programs or to otherwise perform affirmative conduct.
(12)(a) "Criminal history" means the list of a defendant's prior convictions, whether in this state, in federal court, or elsewhere. The history shall include, where known, for each conviction (i) whether the defendant has been placed on probation and the length and terms thereof; and (ii) whether the defendant has been incarcerated and the length of incarceration.
(b) "Criminal
history" shall always include juvenile convictions for sex offenses and
shall also include a defendant's other prior convictions in juvenile court if:
(i) The conviction was for an offense which is a felony or a serious traffic
offense and is criminal history as defined in RCW 13.40.020(((6)(a))) (9);
(ii) the defendant was fifteen years of age or older at the time the offense
was committed; and (iii) with respect to prior juvenile class B and C felonies
or serious traffic offenses, the defendant was less than twenty-three years of
age at the time the offense for which he or she is being sentenced was
committed.
(13) "Department" means the department of corrections.
(14) "Determinate sentence" means a sentence that states with exactitude the number of actual years, months, or days of total confinement, of partial confinement, of community supervision, the number of actual hours or days of community service work, or dollars or terms of a legal financial obligation. The fact that an offender through "earned early release" can reduce the actual period of confinement shall not affect the classification of the sentence as a determinate sentence.
(15) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of any amount required by law to be withheld. For the purposes of this definition, "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonuses, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or other process to satisfy a court-ordered legal financial obligation, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title 74 RCW.
(16) "Drug offense" means:
(a) Any felony violation of chapter 69.50 RCW except possession of a controlled substance (RCW 69.50.401(d)) or forged prescription for a controlled substance (RCW 69.50.403);
(b) Any offense defined as a felony under federal law that relates to the possession, manufacture, distribution, or transportation of a controlled substance; or
(c) Any out-of-state conviction for an offense that under the laws of this state would be a felony classified as a drug offense under (a) of this subsection.
(17) "Escape" means:
(a) Escape in the first degree (RCW 9A.76.110), escape in the second degree (RCW 9A.76.120), willful failure to return from furlough (RCW 72.66.060), willful failure to return from work release (RCW 72.65.070), or willful failure to be available for supervision by the department while in community custody (RCW 72.09.310); or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as an escape under (a) of this subsection.
(18) "Felony traffic offense" means:
(a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 46.61.522), eluding a police officer (RCW 46.61.024), or felony hit-and-run injury-accident (RCW 46.52.020(4)); or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a felony traffic offense under (a) of this subsection.
(19) "Fines" means the requirement that the offender pay a specific sum of money over a specific period of time to the court.
(20)(a) "First-time offender" means any person who is convicted of a felony (i) not classified as a violent offense or a sex offense under this chapter, or (ii) that is not the manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance classified in schedule I or II that is a narcotic drug or the selling for profit of any controlled substance or counterfeit substance classified in schedule I, RCW 69.50.204, except leaves and flowering tops of marihuana, and except as provided in (b) of this subsection, who previously has never been convicted of a felony in this state, federal court, or another state, and who has never participated in a program of deferred prosecution for a felony offense.
(b) For purposes of (a) of this subsection, a juvenile adjudication for an offense committed before the age of fifteen years is not a previous felony conviction except for adjudications of sex offenses.
(21) "Most serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies, as now existing or hereafter amended:
(a) Any felony defined under any law as a class A felony or criminal solicitation of or criminal conspiracy to commit a class A felony;
(b) Assault in the second degree;
(c) Assault of a child in the second degree;
(d) Child molestation in the second degree;
(e) Controlled substance homicide;
(f) Extortion in the first degree;
(g) Incest when committed against a child under age fourteen;
(h) Indecent liberties;
(i) Kidnapping in the second degree;
(j) Leading organized crime;
(k) Manslaughter in the first degree;
(l) Manslaughter in the second degree;
(m) Promoting prostitution in the first degree;
(n) Rape in the third degree;
(o) Robbery in the second degree;
(p) Sexual exploitation;
(q) Vehicular assault;
(r) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;
(s) Any other class B felony offense with a finding of sexual motivation, as "sexual motivation" is defined under this section;
(t) Any other felony with a deadly weapon verdict under RCW 9.94A.125;
(u) Any felony offense in effect at any time prior to December 2, 1993, that is comparable to a most serious offense under this subsection, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a most serious offense under this subsection.
(22) "Nonviolent offense" means an offense which is not a violent offense.
(23) "Offender" means a person who has committed a felony established by state law and is eighteen years of age or older or is less than eighteen years of age but whose case has been transferred by the appropriate juvenile court to a criminal court pursuant to RCW 13.40.110. Throughout this chapter, the terms "offender" and "defendant" are used interchangeably.
(24) "Partial confinement" means confinement for no more than one year in a facility or institution operated or utilized under contract by the state or any other unit of government, or, if home detention or work crew has been ordered by the court, in an approved residence, for a substantial portion of each day with the balance of the day spent in the community. Partial confinement includes work release, home detention, work crew, and a combination of work crew and home detention as defined in this section.
(25) "Persistent offender" is an offender who:
(a) Has been convicted in this state of any felony considered a most serious offense; and
(b) Has, before the commission of the offense under (a) of this subsection, been convicted as an offender on at least two separate occasions, whether in this state or elsewhere, of felonies that under the laws of this state would be considered most serious offenses and would be included in the offender score under RCW 9.94A.360; provided that of the two or more previous convictions, at least one conviction must have occurred before the commission of any of the other most serious offenses for which the offender was previously convicted.
(26) "Postrelease supervision" is that portion of an offender's community placement that is not community custody.
(27) "Restitution" means the requirement that the offender pay a specific sum of money over a specific period of time to the court as payment of damages. The sum may include both public and private costs. The imposition of a restitution order does not preclude civil redress.
(28) "Serious traffic offense" means:
(a) Driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502), actual physical control while under the influence of intoxicating liquor or any drug (RCW 46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an attended vehicle (RCW 46.52.020(5)); or
(b) Any federal, out-of-state, county, or municipal conviction for an offense that under the laws of this state would be classified as a serious traffic offense under (a) of this subsection.
(29) "Serious violent offense" is a subcategory of violent offense and means:
(a) Murder in the first degree, homicide by abuse, murder in the second degree, assault in the first degree, kidnapping in the first degree, or rape in the first degree, assault of a child in the first degree, or an attempt, criminal solicitation, or criminal conspiracy to commit one of these felonies; or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious violent offense under (a) of this subsection.
(30) "Sentence range" means the sentencing court's discretionary range in imposing a nonappealable sentence.
(31) "Sex offense" means:
(a) A felony that is a violation of chapter 9A.44 RCW or RCW 9A.64.020 or 9.68A.090 or that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes;
(b) A felony with a finding of sexual motivation under RCW 9.94A.127; or
(c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a sex offense under (a) of this subsection.
(32) "Sexual motivation" means that one of the purposes for which the defendant committed the crime was for the purpose of his or her sexual gratification.
(33) "Total confinement" means confinement inside the physical boundaries of a facility or institution operated or utilized under contract by the state or any other unit of government for twenty-four hours a day, or pursuant to RCW 72.64.050 and 72.64.060.
(34) "Transition training" means written and verbal instructions and assistance provided by the department to the offender during the two weeks prior to the offender's successful completion of the work ethic camp program. The transition training shall include instructions in the offender's requirements and obligations during the offender's period of community custody.
(35) "Victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged.
(36) "Violent offense" means:
(a) Any of the following felonies, as now existing or hereafter amended: Any felony defined under any law as a class A felony or an attempt to commit a class A felony, criminal solicitation of or criminal conspiracy to commit a class A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion, kidnapping in the second degree, arson in the second degree, assault in the second degree, assault of a child in the second degree, extortion in the first degree, robbery in the second degree, vehicular assault, and vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;
(b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a violent offense in (a) of this subsection; and
(c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a violent offense under (a) or (b) of this subsection.
(37) "Work crew" means a program of partial confinement consisting of civic improvement tasks for the benefit of the community of not less than thirty-five hours per week that complies with RCW 9.94A.135. The civic improvement tasks shall have minimal negative impact on existing private industries or the labor force in the county where the service or labor is performed. The civic improvement tasks shall not affect employment opportunities for people with developmental disabilities contracted through sheltered workshops as defined in RCW 82.04.385. Only those offenders sentenced to a facility operated or utilized under contract by a county or the state are eligible to participate on a work crew. Offenders sentenced for a sex offense as defined in subsection (31) of this section are not eligible for the work crew program.
(38) "Work ethic camp" means an alternative incarceration program designed to reduce recidivism and lower the cost of corrections by requiring offenders to complete a comprehensive array of real-world job and vocational experiences, character-building work ethics training, life management skills development, substance abuse rehabilitation, counseling, literacy training, and basic adult education.
(39) "Work release" means a program of partial confinement available to offenders who are employed or engaged as a student in a regular course of study at school. Participation in work release shall be conditioned upon the offender attending work or school at regularly defined hours and abiding by the rules of the work release facility.
(40) "Home detention" means a program of partial confinement available to offenders wherein the offender is confined in a private residence subject to electronic surveillance. Home detention may not be imposed for offenders convicted of a violent offense, any sex offense, any drug offense, reckless burning in the first or second degree as defined in RCW 9A.48.040 or 9A.48.050, assault in the third degree as defined in RCW 9A.36.031, assault of a child in the third degree, unlawful imprisonment as defined in RCW 9A.40.040, or harassment as defined in RCW 9A.46.020. Home detention may be imposed for offenders convicted of possession of a controlled substance (RCW 69.50.401(d)) or forged prescription for a controlled substance (RCW 69.50.403) if the offender fulfills the participation conditions set forth in this subsection and is monitored for drug use by treatment alternatives to street crime (TASC) or a comparable court or agency-referred program.
(a) Home detention may be imposed for offenders convicted of burglary in the second degree as defined in RCW 9A.52.030 or residential burglary conditioned upon the offender: (i) Successfully completing twenty-one days in a work release program, (ii) having no convictions for burglary in the second degree or residential burglary during the preceding two years and not more than two prior convictions for burglary or residential burglary, (iii) having no convictions for a violent felony offense during the preceding two years and not more than two prior convictions for a violent felony offense, (iv) having no prior charges of escape, and (v) fulfilling the other conditions of the home detention program.
(b) Participation in a home detention program shall be conditioned upon: (i) The offender obtaining or maintaining current employment or attending a regular course of school study at regularly defined hours, or the offender performing parental duties to offspring or minors normally in the custody of the offender, (ii) abiding by the rules of the home detention program, and (iii) compliance with court-ordered legal financial obligations. The home detention program may also be made available to offenders whose charges and convictions do not otherwise disqualify them if medical or health-related conditions, concerns or treatment would be better addressed under the home detention program, or where the health and welfare of the offender, other inmates, or staff would be jeopardized by the offender's incarceration. Participation in the home detention program for medical or health-related reasons is conditioned on the offender abiding by the rules of the home detention program and complying with court-ordered restitution.
Sec. 17. RCW 9A.48.080 and 1979 c 145 s 2 are each amended to read as follows:
(1) A person is guilty of malicious mischief in the second degree if he or she knowingly and maliciously:
(a) Causes physical damage to the property of another in an amount exceeding two hundred fifty dollars; or
(b) Creates a
substantial risk of interruption or impairment of service rendered to the
public, by physically damaging or tampering with an emergency vehicle or
property of the state, a political subdivision thereof, or a public utility or
mode of public transportation, power, or communication((; or
(c) Notwithstanding
RCW 16.52.070, causes physical damage, destruction, or injury by amputation,
mutilation, castration, or other malicious act to a horse, mule, cow, heifer,
bull, steer, swine, goat, or sheep which is the property of another)).
(2) Malicious mischief in the second degree is a class C felony.
Sec. 18. RCW 13.40.020 and 1993 c 373 s 1 are each amended to read as follows:
For the purposes of this chapter:
(1) "Serious offender" means a person fifteen years of age or older who has committed an offense which if committed by an adult would be:
(a) A class A felony, or an attempt to commit a class A felony;
(b) Manslaughter in the first degree; or
(c) Assault in the second degree, extortion in the first degree, child molestation in the second degree, kidnapping in the second degree, robbery in the second degree, residential burglary, or burglary in the second degree, where such offenses include the infliction of bodily harm upon another or where during the commission of or immediate withdrawal from such an offense the perpetrator is armed with a deadly weapon or firearm as defined in RCW 9A.04.110;
(2) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender as punishment for committing an offense. Community service may be performed through public or private organizations or through work crews;
(3) "Community supervision" means an order of disposition by the court of an adjudicated youth not committed to the department. A community supervision order for a single offense may be for a period of up to two years for a sex offense as defined by RCW 9.94A.030 and up to one year for other offenses. Community supervision is an individualized program comprised of one or more of the following:
(a) Community-based sanctions;
(b) Community-based rehabilitation;
(c) Monitoring and reporting requirements;
(4) Community-based sanctions may include one or more of the following:
(a) A fine, not to exceed one hundred dollars;
(b) Community service not to exceed one hundred fifty hours of service;
(5) "Community-based rehabilitation" means one or more of the following: Attendance of information classes; counseling, outpatient substance abuse treatment programs, outpatient mental health programs, anger management classes, education or outpatient treatment programs to prevent animal cruelty, or other services; or attendance at school or other educational programs appropriate for the juvenile as determined by the school district. Placement in community-based rehabilitation programs is subject to available funds;
(6) "Monitoring and reporting requirements" means one or more of the following: Curfews; requirements to remain at home, school, work, or court-ordered treatment programs during specified hours; restrictions from leaving or entering specified geographical areas; requirements to report to the probation officer as directed and to remain under the probation officer's supervision; and other conditions or limitations as the court may require which may not include confinement;
(7) "Confinement" means physical custody by the department of social and health services in a facility operated by or pursuant to a contract with the state, or physical custody in a detention facility operated by or pursuant to a contract with any county. The county may operate or contract with vendors to operate county detention facilities. The department may operate or contract to operate detention facilities for juveniles committed to the department. Pretrial confinement or confinement of less than thirty-one days imposed as part of a disposition or modification order may be served consecutively or intermittently, in the discretion of the court and may be served in a detention group home, detention foster home, or with electronic monitoring. Detention group homes and detention foster homes used for confinement shall not also be used for the placement of dependent children. Confinement in detention group homes and detention foster homes and electronic monitoring are subject to available funds;
(8) "Court", when used without further qualification, means the juvenile court judge(s) or commissioner(s);
(9) "Criminal history" includes all criminal complaints against the respondent for which, prior to the commission of a current offense:
(a) The allegations were found correct by a court. If a respondent is convicted of two or more charges arising out of the same course of conduct, only the highest charge from among these shall count as an offense for the purposes of this chapter; or
(b) The criminal complaint was diverted by a prosecutor pursuant to the provisions of this chapter on agreement of the respondent and after an advisement to the respondent that the criminal complaint would be considered as part of the respondent's criminal history;
(10) "Department" means the department of social and health services;
(11) "Detention facility" means a county facility for the physical confinement of a juvenile alleged to have committed an offense or an adjudicated offender subject to a disposition or modification order;
(12) "Diversion unit" means any probation counselor who enters into a diversion agreement with an alleged youthful offender, or any other person or entity except a law enforcement official or entity, with whom the juvenile court administrator has contracted to arrange and supervise such agreements pursuant to RCW 13.40.080, or any person or entity specially funded by the legislature to arrange and supervise diversion agreements in accordance with the requirements of this chapter;
(13) "Institution" means a juvenile facility established pursuant to chapters 72.05 and 72.16 through 72.20 RCW;
(14) "Juvenile," "youth," and "child" mean any individual who is under the chronological age of eighteen years and who has not been previously transferred to adult court;
(15) "Juvenile offender" means any juvenile who has been found by the juvenile court to have committed an offense, including a person eighteen years of age or older over whom jurisdiction has been extended under RCW 13.40.300;
(16) "Manifest injustice" means a disposition that would either impose an excessive penalty on the juvenile or would impose a serious, and clear danger to society in light of the purposes of this chapter;
(17) "Middle offender" means a person who has committed an offense and who is neither a minor or first offender nor a serious offender;
(18) "Minor or first offender" means a person sixteen years of age or younger whose current offense(s) and criminal history fall entirely within one of the following categories:
(a) Four misdemeanors;
(b) Two misdemeanors and one gross misdemeanor;
(c) One misdemeanor and two gross misdemeanors;
(d) Three gross misdemeanors;
(e) One class C felony except manslaughter in the second degree and one misdemeanor or gross misdemeanor;
(f) One class B felony except: Any felony which constitutes an attempt to commit a class A felony; manslaughter in the first degree; assault in the second degree; extortion in the first degree; indecent liberties; kidnapping in the second degree; robbery in the second degree; burglary in the second degree; residential burglary; vehicular homicide; or arson in the second degree.
For purposes of this definition, current violations shall be counted as misdemeanors;
(19) "Offense" means an act designated a violation or a crime if committed by an adult under the law of this state, under any ordinance of any city or county of this state, under any federal law, or under the law of another state if the act occurred in that state;
(20) "Respondent" means a juvenile who is alleged or proven to have committed an offense;
(21) "Restitution" means financial reimbursement by the offender to the victim, and shall be limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical treatment for physical injury to persons, lost wages resulting from physical injury, and costs of the victim's counseling reasonably related to the offense if the offense is a sex offense. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses. Nothing in this chapter shall limit or replace civil remedies or defenses available to the victim or offender;
(22) "Secretary" means the secretary of the department of social and health services;
(23) "Services" mean services which provide alternatives to incarceration for those juveniles who have pleaded or been adjudicated guilty of an offense or have signed a diversion agreement pursuant to this chapter;
(24) "Sex offense" means an offense defined as a sex offense in RCW 9.94A.030;
(25) "Sexual motivation" means that one of the purposes for which the respondent committed the offense was for the purpose of his or her sexual gratification;
(26) "Foster care" means temporary physical care in a foster family home or group care facility as defined in RCW 74.15.020 and licensed by the department, or other legally authorized care;
(27) "Violation" means an act or omission, which if committed by an adult, must be proven beyond a reasonable doubt, and is punishable by sanctions which do not include incarceration.
Sec. 19. RCW 81.56.120 and 1961 c 14 s 81.56.120 are each amended to read as follows:
Railroad companies in
carrying or transporting animals shall not permit them to be confined in cars
for a longer period than forty-eight consecutive hours without unloading them
for rest, water and feeding for a period of at least two consecutive hours,
unless prevented from so unloading them by unavoidable accident. In estimating
such confinement, the time during which the animals have been confined without
such rest on connecting roads from which they are received shall be included.
Animals so unloaded shall, during such rest, be properly fed, watered by the
owner or person having the custody of them, or in case of his default in so
doing, then by the railroad company transporting them, at the expense of said
owner or person in custody thereof, and said company shall in such case have a
lien upon such animals for food, care and custody furnished, and shall not be
liable for such detention of such animals. If animals are transported where
they can and do have proper food, water, space and opportunity for rest, the
foregoing provision in regard to their being unloaded shall not apply.
Violators of this section shall be punished by fine not exceeding one ((hundred))
thousand dollars per animal.
NEW SECTION. Sec. 20. A new section is added to chapter 16.52 RCW to read as follows:
A person may kill a bear or cougar that is reasonably perceived to be an unavoidable and immediate threat to human life.
Sec. 21. RCW 77.12.265 and 1987 c 506 s 35 are each amended to read as follows:
The owner or tenant of real property may trap or kill on that property wild animals or wild birds, other than an endangered species, that is threatening human life or damaging crops, domestic animals, fowl, or other property. Except in emergency situations, deer, elk, and protected wildlife shall not be killed without a permit issued and conditioned by the director. The director may delegate this authority.
For the purposes of this section, "emergency" means an unforeseen circumstance beyond the control of the landowner or tenant that presents a real and immediate threat to human life, crops, domestic animals, fowl, or other property.
Alternatively, when sufficient time for the issuance of a permit by the director is not available, verbal permission may be given by the appropriate department regional administrator to owners or tenants of real property to trap or kill on that property any cougar, bear, deer, elk, or protected wildlife which is threatening human life or damaging crops, domestic animals, fowl, or other property. The regional administrator may delegate, in writing, a member of the regional staff to give the required permission in these emergency situations. Nothing in this section authorizes in any situation the trapping, hunting, or killing of an endangered species.
Wildlife trapped or killed under this section remains the property of the state, and the person trapping or killing the wildlife shall notify the department immediately. The director shall dispose of wildlife so taken within three working days of receiving such a notification.
If the department receives recurring complaints regarding property being damaged as described in this section from the owner or tenant of real property, or receives such complaints from several such owners or tenants in a locale, the commission shall consider conducting a special hunt or special hunts to reduce the potential for such damage.
For purposes of this section, "crop" means an agricultural or horticultural product growing or harvested and includes wild shrubs and range land vegetation on privately owned cattle ranching lands. On such lands, the land owner or lessee may declare an emergency when the department has not responded within forty-eight hours after having been contacted by the land owner or lessee regarding crop damage by wild animals or wild birds. However, the department shall not allow claims for damage to wild shrubs or range land vegetation on such lands.
Deer and elk shall not be killed under the authority of this section on privately owned cattle ranching lands that were closed to public hunting during the previous hunting season, except for land closures which are coordinated with the department to protect property and livestock.
The department shall work closely with landowners and tenants suffering game damage problems to control damage without killing the animals when practical, to increase the harvest of damage-causing animals in hunting seasons, or to kill the animals when no other practical means of damage control is feasible.
Sec. 22. RCW 16.52.185 and 1982 c 114 s 10 are each amended to read as follows:
Nothing in this chapter applies to accepted husbandry practices used in the commercial raising or slaughtering of livestock or poultry, or products thereof or to the use of animals in the normal and usual course of rodeo events or to the customary use or exhibiting of animals in normal and usual events at fairs as defined in RCW 15.76.120.
NEW SECTION. Sec. 23. The following acts or parts of acts are each repealed:
(1) RCW 16.52.010 and 1901 c 146 s 17;
(2) RCW 16.52.030 and 1982 c 114 s 2 & 1901 c 146 s 2;
(3) RCW 16.52.040 and 1901 c 146 s 14;
(4) RCW 16.52.050 and 1901 c 146 s 10;
(5) RCW 16.52.055 and 1901 c 146 s 3;
(6) RCW 16.52.060 and 1987 c 202 s 182 & 1893 c 27 s 9;
(7) RCW 16.52.065 and 1982 c 114 s 3 & 1893 c 27 s 8;
(8) RCW 16.52.070 and 1982 c 114 s 4, 1979 c 145 s 4, & 1901 c 146 s 4;
(9) RCW 16.52.113 and 1982 c 114 s 8;
(10) RCW 16.52.120 and 1982 c 114 s 11 & 1901 c 146 s 7;
(11) RCW 16.52.130 and 1982 c 114 s 12 & 1901 c 146 s 8;
(12) RCW 16.52.140 and 1901 c 146 s 11; and
(13) RCW 16.52.160 and 1901 c 146 s 9."
ESHB 1652 - S COMM AMD
By Committee on Law & Justice
ADOPTED AS AMENDED 3/4/94
On page 1, line 1 of the title, after "cruelty;" strike the remainder of the title and insert "amending RCW 16.52.020, 16.52.085, 16.52.095, 16.52.100, 16.52.117, 16.52.180, 16.52.190, 16.52.200, 16.52.300, 9A.48.080, 13.40.020, 81.56.120, 77.12.265, and 16.52.185; reenacting and amending RCW 9.94A.030; adding new sections to chapter 16.52 RCW; creating a new section; repealing RCW 16.52.010, 16.52.030, 16.52.040, 16.52.050, 16.52.055, 16.52.060, 16.52.065, 16.52.070, 16.52.113, 16.52.120, 16.52.130, 16.52.140, and 16.52.160; and prescribing penalties."
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