BILL REQ. #: S-0423.2
State of Washington | 60th Legislature | 2007 Regular Session |
Read first time 01/15/2007. Referred to Committee on Judiciary.
AN ACT Relating to animal abandonment; amending RCW 16.52.207 and 16.52.011; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 16.52.207 and 2005 c 481 s 2 are each amended 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 shelter, rest,
sanitation, space, or medical attention and the animal suffers
unnecessary or unjustifiable physical pain as a result of the failure;
or
(b) Abandons the animal as defined in RCW 16.52.011.
(3)(a) Animal cruelty in the second degree under subsection (1) or
(2)(a) of this section is a misdemeanor.
(b) Animal cruelty in the second degree under subsection (2)(b) of
this section is a gross misdemeanor.
(4) In any prosecution of animal cruelty in the second degree under
subsection (1) or (2)(a) of this section, 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. 2 RCW 16.52.011 and 1994 c 261 s 2 are each amended 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) "Abandons" means the knowing, reckless, or with criminal
negligence desertion of an animal by its owner or the causing of the
animal to be deserted by its owner, in any place, without making
provisions for the animal's adequate care.
(b) "Animal" means any nonhuman mammal, bird, reptile, or
amphibian.
(((b))) (c) "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))) (d) "Animal control officer" means any individual employed,
contracted, or appointed pursuant to RCW 16.52.025 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))) (f) of
this subsection and RCW 16.52.025.
(((d))) (e) "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))) (f) "Humane officer" means any individual employed,
contracted, or appointed by an animal care and control agency or humane
society as authorized under RCW 16.52.025.
(((f))) (g) "Law enforcement agency" means a general authority
Washington law enforcement agency as defined in RCW 10.93.020.
(((g))) (h) "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))) (i) "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))) (j) "Person" means individuals, corporations, partnerships,
associations, or other legal entities, and agents of those entities.
(((j))) (k) "Substantial bodily harm" means substantial bodily harm
as defined in RCW 9A.04.110.