BILL REQ. #:  S-0334.1 

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

     AN ACT Relating to creation of an animal abuser registry; adding a new chapter to Title 16 RCW; and prescribing penalties.

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

NEW SECTION.  Sec. 1   The legislature finds that:
     (1) Studies in psychology, sociology, and criminology have demonstrated that violent offenders frequently have childhood and adolescent histories of serious and repeated animal cruelty;
     (2) The federal bureau of investigation has recognized this connection since the 1970s, when its analysis of the lives of serial killers suggested that most had killed or tortured animals during their life;
     (3) Other research has shown consistent patterns of animal cruelty among perpetrators of more common forms of violence, including child abuse, spouse abuse, and elder abuse, leading the American psychiatric association to consider animal cruelty as one of the diagnostic criteria of conduct disorder;
     (4) It is a compelling and necessary public interest that the public have information concerning persons convicted of severe animal abuse offenses, to allow members of the public to adequately protect themselves and their animals from these persons;
     (5) In balancing the abuser's due process and other rights against the interests of public security, the legislature finds that releasing information about certain animal abusers under the circumstances specified in this chapter will further the primary governmental interest of protecting vulnerable populations from potential harm;
     (6) To protect the safety and general welfare of the people of this state, it is necessary to provide for registration of abusers and for the public release of specified information regarding abusers. This policy of authorizing the release of necessary and relevant information about abusers to members of the public is a means of assuring public protection and it is not intended that the information be used to inflict retribution or additional punishment on those abusers.

NEW SECTION.  Sec. 2   As used in this chapter, unless the context otherwise requires:
     (1) "Animal abuser" means a person over eighteen years of age or a minor who has been tried as an adult who has been convicted of an animal abuse offense;
     (2) "Animal abuse offense" means the commission of any act that constitutes the criminal offense of:
     (a) Animal cruelty in the first degree (RCW 16.52.205);
     (b) Animal cruelty in the second degree (RCW 16.52.207);
     (c) Animal fighting (RCW 16.52.117); and
     (d) Poisoning animals (RCW 16.52.190).
     (3) "Conviction" means a judgment entered by a court upon a plea of guilty, a plea of nolo contendere, or a finding of guilt by a jury or the court, notwithstanding any pending appeal or habeas corpus proceeding arising from the judgment. A conviction includes, but is not limited to, a conviction by a federal court or military tribunal, including a court-martial conducted by the armed forces of the United States, and a conviction in any other state of the United States, other jurisdiction, or other country. A conviction for an offense committed in another jurisdiction that would be classified as an animal abuse offense if committed in this state, shall be considered a conviction. Conviction includes a deferred prosecution under chapter 10.05 RCW, or an equivalent disposition from another jurisdiction;
     (4) "Primary residence" means a place where the person abides, lodges, resides, or establishes any other living accommodations in this state for five consecutive days;
     (5) "Resident" means any person who abides, lodges, resides, or establishes any other living accommodations in this state;
     (6) "Secondary residence" means a place where the person abides, lodges, or resides, or establishes any other living accommodations in this state for a period of fourteen or more days in the aggregate during any calendar year, and that is not the person's primary residence; for a person whose primary residence is not in this state, a place where the person is employed, practices a vocation, or is enrolled as a student for a period of fourteen or more days in the aggregate during any calendar year; or a place where the person routinely abides, lodges, or resides for a period of four or more consecutive or nonconsecutive days in any month and that is not the person's primary residence, including any out-of-state address;
     (7) "Student" means a person who is enrolled on a full-time or part-time basis, in any public or private educational institution, including any secondary school, trade, or professional institution or institution of higher learning;
     (8) "Within forty-eight hours" means a continuous forty-eight hour period, not including Saturdays, Sundays, or federal or state holidays.

NEW SECTION.  Sec. 3   (1) The clerk of the court in which a person's conviction for an animal abuse offense occurs shall forward, electronically or otherwise, to the attorney general a copy of the judgment document of the conviction, the animal abuser's home address, and other information set out in subsection (3) of this section. The information shall be forwarded to the attorney general within forty-five days of the date of judgment.
     (2) The registry shall be maintained by the attorney general and made available for public inquiry on the internet.
     (3) The registry shall consist of the person's name, date of birth, residential address, all animal abuse offense convictions, conviction dates, county and state of convictions, the person's photograph and such other identifying data as the attorney general determines is necessary for the public to properly identify the person, but shall not include the person's social security number. The attorney general may use the driver's license photograph of the animal abuser maintained by the department of licensing for the registry. If no driver's license photograph is available, the attorney general shall use the photograph taken at the animal abuser's booking.

NEW SECTION.  Sec. 4   (1) Within forty-eight hours of changing a primary or secondary residence, the animal abuser shall notify the attorney general of the change of address.
     (2) An animal abuser from another state, jurisdiction, or country who has established a primary or secondary residence within this state, or has established a physical presence at a particular location, shall, within forty-eight hours of establishing residency or a physical presence, notify the attorney general of the person's presence in this state.
     (3) An animal abuser from another state, jurisdiction, or country, who is not a resident of this state, shall, within forty-eight hours of employment, commencing practice of a vocation, or becoming a student in this state, notify the attorney general of the person's presence in this state.
     (4) Animal abusers who do not maintain either a primary or secondary residence, shall be considered homeless, and are subject to the registration requirements of this chapter.

NEW SECTION.  Sec. 5   (1) Any animal abuser who is subject to registration pursuant to this chapter shall be assessed a fee of fifty dollars at the time of conviction.
     (2) The fee shall be retained by the clerk transmitting the information to the attorney general for the sole purpose of defraying the costs of administering this chapter.

NEW SECTION.  Sec. 6   (1) The attorney general shall remove from the registry the name and other identifying information of any person who has not been convicted of an animal abuse offense for a period of ten years from the date of the person's most recent conviction.
     (2) Upon receipt of notice of the death of a registered animal abuser, as evidenced by a death certificate, the attorney general shall remove all data pertaining to the deceased animal abuser from the registry.

NEW SECTION.  Sec. 7   (1) It is an offense for an animal abuser to knowingly violate this chapter. Violations shall include, but not be limited to, the following:
     (a) Falsification of information supplied to the attorney general;
     (b) Failure to timely disclose required information to the attorney general; and
     (c) Failure to pay the initial registration fee, if financially able;
     (2) A violation of this chapter is a gross misdemeanor.
     (3) A violation of this chapter is a continuing offense. If an animal abuser is required to register pursuant to this chapter, venue lies in any county in which the animal abuser may be found or in any county where the violation occurred.

NEW SECTION.  Sec. 8   The attorney general shall adopt rules necessary to implement and administer the provisions of this act.

NEW SECTION.  Sec. 9   Sections 1 through 8 of this act constitute a new chapter in Title 16 RCW.