BILL REQ. #:  S-1191.2 

READ FIRST TIME 02/10/11.   

     AN ACT Relating to prevention of animal cruelty; amending RCW 16.52.011, 16.52.015, 16.52.085, 16.52.200, and 16.52.207; adding a new section to chapter 16.52 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   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))) (g) 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) "Food" means food or feed appropriate to the species for which it is intended.
     (g) "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))) (h) "Law enforcement agency" means a general authority Washington law enforcement agency as defined in RCW 10.93.020.
     (((h))) (i) "Necessary food" means the provision at suitable intervals of wholesome foodstuff suitable for the animal's age and species and that is sufficient to provide a reasonable level of nutrition for the animal and is easily accessible to the animal.
     (((i))) (j) "Necessary shelter" means a constructed or natural structure that keeps the animal dry and protected from the elements, allows the animal to turn around freely, sit, stand, and lie without restriction, and does not cause injury, disfigurement, or physical impairment to the animal.
     (k) "Necessary water" means water that is in sufficient quantity and of sufficient quality to sustain the animal and is easily accessible to the animal.
     (l) "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))) (m) "Person" means individuals, corporations, partnerships, associations, or other legal entities, and agents of those entities.
     (((k))) (n) "Similar animal" means ((an animal classified in the same genus)): (i) For a mammal, another animal that is in the same taxonomic order; or (ii) for an animal that is not a mammal, another animal that is in the same taxonomic class.
     (((l))) (o) "Substantial bodily harm" means substantial bodily harm as defined in RCW 9A.04.110.

Sec. 2   RCW 16.52.015 and 2003 c 53 s 110 are each amended 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 civil infractions and misdemeanor and gross misdemeanor violations of this chapter or RCW 9.08.070 through 9.08.078 or ((81.56.120)) 81.48.070;
     (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)) 81.48.070. 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)) 81.48.070, 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)) 81.48.070, a law enforcement agency officer may arrest the alleged offender.

Sec. 3   RCW 16.52.085 and 2009 c 287 s 2 are each amended to read as follows:
     (1) If a law enforcement officer or animal control officer has probable cause to believe that an owner of a domestic animal has violated this chapter or ((owns or possesses)) a person owns, cares for, or resides with an animal in violation of an order issued under RCW 16.52.200(((3))) (4) 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 suitable place for feeding and 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 a domestic animal allegedly neglected 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 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 officer shall make a good faith effort to contact the animal's owner before removal.
     (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. When a court has prohibited the owner from owning ((or possessing)), caring for, or residing with a similar animal under RCW 16.52.200(((3))) (4), the agency having custody of the animal may assume ownership upon seizure and the owner may not prevent the animal's destruction or adoption by petitioning the court or posting a bond.
     (5) If no criminal case is filed within fourteen business days of the animal's removal, the owner may petition the district court of the county where the animal was removed for the 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.
     (6) In a motion or petition for the 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.
     (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. 4   RCW 16.52.200 and 2009 c 287 s 3 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 animal's treatment to have been severe and likely to reoccur. ((If forfeiture is ordered, the owner))
     (4) Any person convicted of animal cruelty shall be prohibited from owning ((or)), caring for, or residing with any similar animals for a period of time as follows:
     (a) Two years for a first conviction of animal cruelty in the second degree under RCW 16.52.207;
     (b) Permanently for a first conviction of animal cruelty in the first degree under RCW 16.52.205;
     (c) Permanently for a second or subsequent conviction of animal cruelty, except as provided in subsection (((4))) (5) of this section.
     (((4))) (5) If a person has no more than two convictions of animal cruelty and each conviction is for animal cruelty in the second degree, the person may petition the sentencing court in which the most recent animal cruelty conviction occurred, for a restoration of the right to own or possess a similar animal five years after the date of the second conviction. In determining whether to grant the petition, the court shall consider, but not be limited to, the following:
     (a) The person's prior animal cruelty in the second degree convictions;
     (b) The type of harm or violence inflicted upon the animals;
     (c) Whether the person has completed the conditions imposed by the court as a result of the underlying convictions; ((and))
     (d) Whether the person complied with the prohibition on owning, caring for, or residing with similar animals; and
     (e) Any other matters the court finds reasonable and material to consider in determining whether the person is likely to abuse another animal.
     The court may delay its decision on forfeiture under subsection (3) of this section until the end of the probationary period.
     (((5))) (6) In addition to fines and court costs, the defendant, only if convicted or in agreement, shall be liable for reasonable costs incurred pursuant to this chapter by 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.
     (((6))) (7) If convicted, the defendant shall also pay a civil penalty of one 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.
     (((7))) (8) If a person violates the prohibition on owning, caring for, or residing with similar animals under subsection (4) of this section, that person:
     (a) Shall pay a civil penalty of one thousand dollars for the first violation;
     (b) Shall pay a civil penalty of two thousand five hundred dollars for the second violation; and
     (c) Is guilty of a gross misdemeanor for the third and each subsequent violation.
     (9) As a condition of the sentence imposed under this chapter or RCW 9.08.070 through 9.08.078, 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. 5   RCW 16.52.207 and 2007 c 376 s 1 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;
     (b) Under circumstances not amounting to animal cruelty in the second degree under (c) of this subsection, abandons the animal; or
     (c) Abandons the animal and (i) as a result of being abandoned, the animal suffers bodily harm; or (ii) abandoning the animal creates an imminent and substantial risk that the animal will suffer substantial bodily harm.
     (3)(((a))) Animal cruelty in the second degree ((under subsection (1), (2)(a), or (2)(b) of this section)) is a gross misdemeanor.
     (((b) Animal cruelty in the second degree under subsection (2)(c) 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.

NEW SECTION.  Sec. 6   A new section is added to chapter 16.52 RCW to read as follows:
     (1) An owner who, under circumstances not amounting to animal cruelty in the first or second degree, fails to provide an animal with necessary food, water, shelter, ventilation, rest, sanitation, space, or medical attention has committed the infraction of failure to provide care.
     (2) Failure to provide care is a class 2 civil infraction under RCW 7.80.120(1)(b).
     (3) This section does not preempt ordinances enacted by local jurisdictions that establish greater civil penalties or criminal penalties for failure to provide care.
     (4) This section does not apply to accepted animal husbandry practices used in the commercial raising or slaughtering of livestock or poultry, or products thereof.