1775 AMS KLIN S3368.2

HB 1775  - S AMD371
     By Senator Kline

     Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1   (1) It is unlawful for a person to, with malice, kill or cause substantial bodily harm to livestock belonging to another person, without consent of the owner.
     (2) A violation of this section constitutes a class C felony.
     (3) This section does not apply to individuals meeting the definition of slaughterer or packer, as those terms are defined in RCW 16.50.110, who, when conducting activities consistent with those definitions, do so in furtherance of their responsibilities in the regular course of employment.
     (4) For the purposes of this section, "malice" has the same meaning as provided in RCW 9A.04.110, but applied to acts against livestock.

Sec. 2   RCW 4.24.320 and 2005 c 419 s 2 are each amended to read as follows:
     Any person ((who suffers damage to)) whose livestock is damaged as a result of actions described in RCW 16.52.205 or any owner of livestock who suffers damage as a result of a willful, unauthorized act described in RCW 9A.56.080 ((or)), 9A.56.083, or section 1 of this act may bring an action against the person or persons committing the act in a court of competent jurisdiction for exemplary damages up to three times the actual damages sustained, plus attorney's fees. As used in this section, "livestock" means the animals specified in RCW 9A.56.080.

NEW SECTION.  Sec. 3   Section 1 of this act constitutes a new chapter in Title 16 RCW."

HB 1775  - S AMD
     By Senator

     On page 1, line 2 of the title, after "person;" strike the remainder of the title and insert "amending RCW 4.24.320; adding a new chapter to Title 16 RCW; and prescribing penalties."

EFFECT:  Makes the term "livestock" uniform throughout the bill.
     Clarifies that "harm" done to livestock must be "substantial bodily harm."
     Makes it unlawful for a person to, with malice, kill or cause substantial bodily harm to livestock belonging to another person, without that person's consent.
     A violation of section 1 of this bill is a class C felony rather than a class B felony.
     Clarifies that those individuals defined as "slaughterers" or "packers" are only exempt from the penalties in section 1 of this bill if they conduct activities consistent with and in furtherance of their responsibilities in the regular course of employment.

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