COMMITTEE SUBSTITUTE
FOR
H. B. 3102
(By Delegate Talbott)
(Originating in the House Committee on Agriculture
and Natural Resources)
[March 23, 2005]
A BILL to amend and reenact §19-20-12 of the Code of West Virginia,
1931, as amended, relating to prohibiting a person not the
owner of a registered dog from removing tags, collars or
apparel from a registered dog, or turning off a radio
transmitting collar without the permission of the owner, and
creating penalties.
Be it enacted by the Legislature of West Virginia:
That §19-20-12 of the Code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted to read as
follows:
ARTICLE 20. DOGS AND CATS.
§19-20-12. Dogs, other animals and reptiles protected by law;
unlawful killing thereof; aggrieved owner's remedy; penalties; penalties for unlawful stealing of
companion animals.
(a) Any dog which is registered, kept and controlled as
provided in this article or any dog, cat or other animal or any
reptile which is owned, kept and maintained as a companion animal
by any person, irrespective of age, is protected by law; and,
except as otherwise authorized by law, any person who shall
intentionally, knowingly or recklessly kill, injure, poison or in
any other manner, cause the death or injury of any dog, cat, other
animal or any reptile is guilty of a misdemeanor and, upon
conviction thereof, shall be ordered to provide public service for
not less than thirty nor more than ninety days or fined not less
than three hundred dollars nor more than five hundred dollars, or
both. However, this section does not apply to a dog who is killed
while attacking a person, a companion animal or livestock. Any
person whose dog, cat, other animal or reptile as specified herein
is killed or injured wrongfully or unlawfully by any other person
shall have a right of action against the person who shall so kill
or injure any dog, cat, animal or reptile.
(b) Any person who shall intentionally and unlawfully steal a
dog, cat, other animal or reptile as specified in subsection (a) of
this section is guilty of a misdemeanor and, upon conviction
thereof, shall be ordered to provide public service for not less
than thirty nor more than ninety days or fined not less than three hundred nor more than five hundred dollars, or both. Any person
violating the provisions of this subsection shall, for second or
subsequent offense, be guilty of a misdemeanor and, upon conviction
thereof, shall be confined in the county or regional jail for a
period of not less than ninety days nor more than six months, or
shall be ordered to provide public service for not more than one
year, and fined not less than one thousand dollars. In no case can
any action or prosecution relating to a dog under the provisions of
this section be maintained if the dog concerned shall not have been
duly registered pursuant to the provisions of this article or owned
and kept pursuant to the provisions of this section or owned and
kept pursuant to the provisions of this section at the time the
cause of action shall have arisen.
(c) The Commissioner of Agriculture is hereby authorized to
designate a reasonable number of his or her present employees as
may be necessary to investigate alleged incidents of the unlawful
stealing of dogs, other domestic animals or reptiles, alleged
incidents of cruelty to animals or reptiles and the alleged
incidents of the unlawful stealing of animals or reptiles for the
purpose of sale to medical or other research companies. The
deputies shall make the results of their investigations known to
any law-enforcement officers who have authority to enforce the
provisions of this article.
(d) It shall be the duty of all members of the West Virginia State Police, sheriffs and police officers to aid in the
enforcement of the provisions of this article and, for services
rendered in the enforcement thereof, such those persons shall be
entitled to fees in the amounts set forth in section eight of this
article. The fees shall be paid by the county commission from the
dog and kennel fund.
(e) No tag, collar or other apparel may be removed from a
registered dog, nor may a radio transmitting collar be removed or
turned off by someone other than the owner of the dog, without the
permission of the owner, unless it is necessary to do so in order
to prevent injury to the dog. Any person who shall intentionally
remove any tag, collar or other apparel
from a registered dog is
guilty of a misdemeanor and, upon conviction thereof, shall be
ordered to provide public service for not less than five days nor
more than fifteen days or fined not less than fifty dollars nor
more than one hundred fifty dollars, or both.