BILL REQ. #:  S-3700.1 

Read first time 01/11/12.   Referred to Committee on Judiciary.

     AN ACT Relating to unattended pet animals with a choke chain; amending RCW 9.08.070; adding a new section to chapter 18.92 RCW; adding a new section to chapter 18.240 RCW; prescribing penalties; and providing an effective date.

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

Sec. 1   RCW 9.08.070 and 2003 c 53 s 9 are each amended to read as follows:
     (1) Any person who, with intent to deprive or defraud the owner thereof, does any of the following shall be guilty of a gross misdemeanor punishable according to chapter 9A.20 RCW and by a mandatory fine of not less than five hundred dollars per pet animal, except as provided by subsection (2) of this section:
     (a) Takes, leads away, confines, secretes, or converts any pet animal, except in cases in which the value of the pet animal exceeds two hundred fifty dollars;
     (b) Conceals the identity of any pet animal or its owner by obscuring, altering, or removing from the pet animal any collar, tag, license, tattoo, or other identifying device or mark;
     (c) Willfully or recklessly kills or injures any pet animal, unless excused by law. For the purposes of this subsection, the act of leaving any pet animal with a choke chain unattended for more than a de minimus period of time shall constitute prima facie evidence of a willful or reckless act punishable as a misdemeanor in addition to the other penalties provided in this subsection (1).
     (2) Nothing in this section shall prohibit a person from also being convicted of separate offenses under RCW 9A.56.030, 9A.56.040, or 9A.56.050 for theft or under RCW 9A.56.150, 9A.56.160, or 9A.56.170 for possession of stolen property.

NEW SECTION.  Sec. 2   A new section is added to chapter 18.92 RCW to read as follows:
     Any person licensed under this chapter is prohibited from leaving any pet animal with a choke chain unattended for more than a de minimus period of time.

NEW SECTION.  Sec. 3   A new section is added to chapter 18.240 RCW to read as follows:
     Any person licensed under this chapter is prohibited from leaving any pet animal with a choke chain unattended for more than a de minimus period of time.

NEW SECTION.  Sec. 4   This act takes effect July 1, 2012.