SB 6300 — Concerning animal welfare.

ENGROSSEDS-5050.2SENATE SUBSTITUTE SENATE BILL 6300State of Washington66th Legislature2020 Regular SessionBySenateSessionBySenators Law & Justice (originally sponsored by Senators Rivers, Pedersen, Zeiger, Kuderer, Frockt, and Lovelett)READLovelettRead FIRSTfirst TIMEtime 01/31/20.AN01/15/20.Referred to Committee on Law & Justice.AN ACT Relating to animal welfare;

repealing RCW 16.08.020, 16.08.030, 16.52.110, and 16.52.165;

For purposes of this chapter, the term "animal control officer" shall be interpreted to include "humane officer" as defined in (h) of this subsection and RCW 16.52.025.(e) "Dog" means an animal of the species Canis lupus familiaris.(f) "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.(g) "Food" means food or feed appropriate to the species for which it is intended.(h) "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.(i) "Law enforcement agency" means a general authority Washington law enforcement agency as defined in RCW 10.93.020.(j) "Livestock" includes, but is not limited to, horses, mules, cattle, sheep, swine, goats, and bison.(k) "Malice" has the same meaning as provided in RCW 9A.04.110, but applied to acts against animals.(l) "Necessary food" means the provision at suitable intervals of wholesome foodstuff suitable for the animal's age, species, and condition, and that is sufficient to provide a reasonable level of nutrition for the animal and is easily accessible to the animal or as directed by a veterinarian for medical reasons.(m) "Necessary shelter" means a structure sufficient to protect a dog from wind, rain, snow, cold, heat, or sun that has bedding to permit a dog to remain dry and reasonably clean and maintain a normal body temperature.(n) "Necessary water" means water that is in sufficient quantity and of appropriate quality for the species for which it is intended and that is accessible to the animal or as directed by a veterinarian for medical reasons.(o) "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.(p) "Pain or suffering" means a state of physical or mental lack of well-being or physical or mental uneasiness that ranges from mild discomfort or dull distress to unbearable agony.(q) "Person" means individuals, corporations, partnerships, associations, or other legal entities, and agents of those entities.(q)entities.(((q) (("Similar"Similar animal" means:

or (ii) for an animal that is not a mammal, another animal that is in the same taxonomic class.(r)))class.))(r) "Substantial bodily harm" means substantial bodily harm as defined in RCW 9A.04.110.(((s)))(r)9A.04.110.(s) "Tether" means:

RCW 16.52.095 and 1994 c 261 s 7 are each amended to read as follows:((Itfollows:It shall((shall not be lawful for))(1)for Except as provided in subsection (2) of this section, it is a misdemeanor:(a) For any person to cut off more than one-half of the ear or ears of any domestic animal such as an ox, cow, bull, calf, sheep, goat,goat or hog((,hog, or dog, andand))is unlawful for any person cutting((cutting off more than one-half of the ear or ears of any such animals, shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined in any sum less than twenty dollars.

This section does not apply if cutting off more than one-half of the ear of the animal is a customary husbandry practice));practice))to devocalize a dog or to crop or cut off any part of the ear or tail of a dog unless the person is a licensed veterinarian who performs the procedure while the dog is under anesthesia.

or(b)A Forviolation any person to:(i) Devocalize a dog;(ii) Crop or cut off any part of thethis earsection ofis a dog;misdemeanor.Sec.

or(iii) Crop or cut off any part of the tail of a dog that is seven days old or older, or has opened its eyes, whichever occurs sooner.(2) This section does not apply if the person performing the procedure is a licensed veterinarian utilizing accepted veterinary surgical protocols that may include local anesthesia, general anesthesia, or perioperative pain management.Sec.

RCW 16.52.205 and 2015 c 235 s 6 are each amended to read as follows:(1) A person is guilty of animal cruelty in the first degree when, except as authorized in law, he or she intentionally (a) inflicts substantial pain on, (b) causes physical injury to, or (c) kills an animal by a means causing undue suffering or while manifesting an extreme indifference to life, or forces a minor to inflict unnecessary pain, injury, or death on an animal.(2)(a)animal.(2) A person is guilty of animal cruelty in the first degree when, except as authorized by lawlaw, or as provided in (b) of this subsection, he or she, with criminal negligence, starves, dehydrates, or suffocates an animal,animal or exposes an animal to excessive heat or cold and as a result causes:

(((a)))(i)(a) Substantial and unjustifiable physical pain that extends for a period sufficient to cause considerable suffering;

or (((b)))(ii)(b) death.(b)death.(3) A person is not guilty of animal cruelty in the first degree by means of exposing an animal to excessive heat or cold if the exposure is due to an unforeseen or unpreventable accident or event caused exclusively by an extraordinary force of nature.(3) A person is guilty of animal cruelty in the first degree when he or she:(a) Knowingly engages in any sexual conduct or sexual contact with an animal;(b) Knowingly causes, aids, or abets another person to engage in any sexual conduct or sexual contact with an animal;(c) Knowingly permits any sexual conduct or sexual contact with an animal to be conducted on any premises under his or her charge or control;(d) Knowingly engages in, organizes, promotes, conducts, advertises, aids, abets, participates in as an observer, or performs any service in the furtherance of an act involving any sexual conduct or sexual contact with an animal for a commercial or recreational purpose;

or(e) Knowingly photographs or films, for purposes of sexual gratification, a person engaged in a sexual act or sexual contact with an animal.(4) Animal cruelty in the first degree is a class C felony.(5) In addition to the penalty imposed in subsection (4) of this section, the court ((may))must order that the convicted person ((do any of the following:(a) Not harbor or own animals or reside in any household where animals are present;(b)))not harbor, own, care for, possess, or reside in any household where an animal is present, in accordance with RCW 16.52.200.(6) In addition to the penalties imposed in subsections (4) and (5) of this section, the court may order that the convicted person:(a) Participate in appropriate counseling at the defendant's expense;(((c)))(b) Reimburse the animal shelter or humane society for any reasonable costs incurred for the care and maintenance of any animals taken to the animal shelter or humane society as a result of conduct proscribed in ((subsection (3) of)) this section.(((6)))(7) Nothing in this section ((may be considered to)) prohibits accepted animal husbandry practices or ((accepted veterinary medical practices by))prohibits a licensed veterinarian or certified veterinary technician from performing procedures on an animal that are accepted veterinary medical practices.(((7)))(8) If the court has reasonable grounds to believe that a violation of this section has occurred, the court may order the seizure of all animals involved in the alleged violation as a condition of bond of a person charged with a violation.(((8)))(9) For purposes of this section:(a) "Animal" means every creature, either alive or dead, other than a human being.(b) "Sexual conduct" means any touching ((or))by((or)), afondling, person of, fondling by a person of, transfer of saliva by a person to, or use of a foreign object by a personperson, on,either ((either directly or through clothing, of))of the sex organs or anus of an animal,animal either directly or through clothing, or any transfer or transmission of semen or saliva by the person upon any part of the animal((, for the purpose of sexual gratification or arousal of the person)).(c) "Sexual contact" means any contact, however slight, between the mouth, sex organ, or anus of a person and the mouth, sex organ, or anus of an animal, or any intrusion, however slight, of any part of the body of the person or foreign object into the sex organ or anus of an animal, or any intrusion of the sex organ or anus of the person into the mouth of the animal((, for the purpose of sexual gratification or arousal of the person)).(d) "Photographs" or "films" means the making of a photograph, motion picture film, videotape, digital image, or any other recording, sale, or transmission of the image.Sec.

The following acts or parts of acts are each repealed:(1) RCW 16.08.020 (Dogs injuring stock may be killed) and 1929 c 198 s 6;(2) RCW 16.08.030 (Marauding dog—Duty of owner to kill) and 1929 c 198 s 7;(2)7;(3) RCW 16.52.110 (Old or diseased animals at large) and 2011 c 336 s 424 & 1901 c 146 s 13;

and(3)and(4) RCW 16.52.165 (Punishment—Conviction of misdemeanor) and 1982 c 114 s 7 & 1901 c 146 s 16.--- END ---