| Passed by the Senate April 18, 2005 YEAS 44 BRAD OWEN ________________________________________ President of the Senate Passed by the House April 7, 2005 YEAS 95 FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5979 as passed by the Senate and the House of Representatives on the dates hereon set forth. THOMAS HOEMANN ________________________________________ Secretary | |
| Approved April 28, 2005. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | April 28, 2005 - 3:27 p.m. Secretary of State State of Washington |
| State of Washington | 59th Legislature | 2005 Regular Session |
Read first time 02/17/2005. Referred to Committee on Judiciary.
AN ACT Relating to search and rescue dogs; amending RCW 9A.56.030; adding a new section to chapter 9.91 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 9.91 RCW
to read as follows:
(1)(a)(i) Any person who has received notice that his or her
behavior is interfering with the use of an on-duty search and rescue
dog who continues with reckless disregard to interfere with the use of
an on-duty search and rescue dog by obstructing, intimidating, or
otherwise jeopardizing the safety of the search and rescue dog user or
his or her search and rescue dog is guilty of a misdemeanor punishable
according to chapter 9A.20 RCW, except when (a)(ii) of this subsection
applies.
(ii) A second or subsequent violation of (a)(i) of this subsection
is a gross misdemeanor punishable according to chapter 9A.20 RCW.
(b)(i) Any person who, with reckless disregard, allows his or her
dog to interfere with the use of an on-duty search and rescue dog by
obstructing, intimidating, or otherwise jeopardizing the safety of the
search and rescue dog user or his or her search and rescue dog is
guilty of a misdemeanor punishable according to chapter 9A.20 RCW,
except when (b)(ii) of this subsection applies.
(ii) A second or subsequent violation of (b)(i) of this subsection
is a gross misdemeanor punishable according to chapter 9A.20 RCW.
(2)(a) Any person who, with reckless disregard, injures, disables,
or causes the death of an on-duty search and rescue dog is guilty of a
gross misdemeanor punishable according to chapter 9A.20 RCW.
(b) Any person who, with reckless disregard, allows his or her dog
to injure, disable, or cause the death of an on-duty search and rescue
dog is guilty of a gross misdemeanor punishable according to chapter
9A.20 RCW.
(3) Any person who intentionally injures, disables, or causes the
death of an on-duty search and rescue dog is guilty of a class C
felony.
(4) Any person who wrongfully obtains or exerts unauthorized
control over an on-duty search and rescue dog with the intent to
deprive the dog user of his or her search and rescue dog is guilty of
theft in the first degree under RCW 9A.56.030.
(5)(a) In any case in which the defendant is convicted of a
violation of this section, he or she shall also be ordered to make full
restitution for all damages, including incidental and consequential
expenses incurred by the search and rescue dog user and the dog that
arise out of, or are related to, the criminal offense.
(b) Restitution for a conviction under this section shall include,
but is not limited to:
(i) The value of the replacement of an incapacitated or deceased
dog, the training of a replacement search and rescue dog, or retraining
of the affected dog and all related veterinary and care expenses; and
(ii) Medical expenses of the search and rescue dog user, training
of the dog user, and compensation for any wages or earned income lost
by the search and rescue dog user as a result of a violation of
subsection (1), (2), (3), or (4) of this section.
(6) Nothing in this section affects any civil remedies available
for violation of this section.
(7) For purposes of this section, "search and rescue dog" means a
dog that is trained for the purpose of search and rescue of persons
lost or missing.
Sec. 2 RCW 9A.56.030 and 1995 c 129 s 11 are
each amended to read
as follows:
(1) A person is guilty of theft in the first degree if he or she
commits theft of:
(a) Property or services which exceed(s) one thousand five hundred
dollars in value other than a firearm as defined in RCW 9.41.010;
((or))
(b) Property of any value other than a firearm as defined in RCW
9.41.010 taken from the person of another; or
(c) A search and rescue dog, as defined in section 1 of this act,
while the search and rescue dog is on duty.
(2) Theft in the first degree is a class B felony.