BILL REQ. #:  H-0515.2 

Read first time 01/17/11.   Referred to Committee on Judiciary.

     AN ACT Relating to crimes against animals belonging to another person; amending RCW 4.24.320 and 16.52.011; adding a new section to chapter 16.52 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 16.52 RCW to read as follows:
     (1) It is unlawful for a person to, with malice, kill or cause substantial bodily harm to livestock belonging to another person or wildlife, as that term is defined in RCW 77.08.010.
     (2) A violation of this section constitutes a class C felony.
     (3) For the purposes of this section, "malice" has the same meaning as provided in RCW 9A.04.110, but applied to acts against livestock or wildlife.

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.

Sec. 3   RCW 16.52.011 and 2009 c 287 s 1 are each amended to read as follows:
     (1) Principles of liability as defined in chapter 9A.08 RCW apply to this chapter.
     (2) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (a) "Abandons" means the knowing or reckless 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.
     (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.
     (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 (f) of this subsection and RCW 16.52.025.
     (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.
     (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.
     (g) "Law enforcement agency" means a general authority Washington law enforcement agency as defined in RCW 10.93.020.
     (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.
     (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.
     (j) "Person" means individuals, corporations, partnerships, associations, or other legal entities, and agents of those entities.
     (k) "Similar animal" means an animal classified in the same genus.
     (l) "Substantial bodily harm" means substantial bodily harm as defined in RCW 9A.04.110.
     (m) "Livestock" has the same meaning as provided in RCW 16.57.010.