HB 2185 — Relating to the removal of animals left unattended in motor vehicles

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Red = new code to be enacted WEST virginia legislature regular session IntroducedENGROSSED House Bill 2185 By Delegate Westfall, Harshbarger, Byrd, Lovejoy, Capito, Zukoff, Fluharty, Pushkin, Fleischauer and Rohrbach [Introduced January 9, 2019;

Referred to the Committee on the Judiciary then Finance.] A A BILL to amend and reenact §61-8-19 of the Code of West Virginia, 1931, as amended, amended, relating to the removal of animals left unattended in motor vehicles;

defining terms, setting forth conditions likely to rescuecause andinjury retrieveor death to an animal inconfined danger in ana unattendedmotor vehicle;

setting forth circumstances and actions which may be taken by designated individuals to rescue and retrieve an animal in danger in an unattended vehicle;

providing for seizerseizure of items found in certain circumstances;

providing for civil and criminal immunity to persons,agencies or municipalities and their employees or agents who retrieve an animal;

providing judicial discretion for psychological or psychiatric evaluation;

ARTICLE ARTICLE 8.

(C) Law-enforcement officerofficer, or chief executive law enforcement officer, as defined in §30-29-1 et seq.

(E) Leave an animal unattended and confined in a motor vehicle when physical injury to, or death of, the animal is likely to result Leave an animal unattended and confined in a motor vehicle when physical injury to, or death of, the animal is likely to result.  The conditions which may cause physical injury or death shall include, but are not limited to, exposure to extreme heat or cold and insufficient ventilation.

(i) An agent may take all steps that are reasonably necessary to remove an animal from a motor vehicle if the animal’s health, safety, or wellbeing appears to be in immediate danger from heat, cold or lack of adequate ventilation and the conditions could reasonably be expected to cause extreme sufferingsuffering, physical injury, or death.

(ii) An agent acting in their official capacity may enter the motor vehicle for the sole purpose of assisting the animal and may not search the vehicle or seize items found in the vehicle unless otherwise permitted by law.

(iii) An agent who removes or otherwise retrieves an animal pursuant to this section shall leave written notice in a secure and conspicuous location on or in the motor vehicle bearing the officer’s name and title and the address of the location where the animal may be retrieved.  The owner may retrieve the animal only after payment of all charges that have accrued for the maintenance, care, medical treatment and impoundment of the animal have been paid.paid, or suitable arrangements for payment have been made.

For the purposes of this subsection, “torture”"torture" means an action taken for the primary purpose of inflicting pain.

(e) (f) For the purpose of this section, the term “controlled"controlled substance”substance" has the same meaning ascribed to it by §60A-1-101(d) of this code.

(h)(1) (i) (1) Notwithstanding any provision of this code to the contrary, at the discretion of the judicial officer, no person who has been convicted of a violation of the provisions of subsection (a) or (b) or (c) of this section may be granted probation until the defendant has undergone a complete psychiatric or psychological evaluation and the court has reviewed the evaluation.

(i) (j) In addition to any other penalty which can be imposed for a violation of this section, a court shall may prohibit any person so convicted from possessing, owning or residing with any animal or type of animal for a period of five years following entry of a misdemeanor conviction and 15 years following entry of a felony conviction.