H. B. 4397
(By Mr. Speaker, Mr. Kiss)
[Introduced February 11, 2004; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §61-8-19 of the code of West Virginia,
1931, as amended, relating to prohibiting the practice of
debarking or surgically silencing a dog by cutting its vocal
chords; and penalty.
Be it enacted by the Legislature of West Virginia:
That §61-8-19 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.
§61-8-19. Cruelty to animals; penalties; exclusions.
(a) If any person cruelly mistreats, abandons or withholds
proper sustenance, including food, water, shelter or medical
treatment, necessary to sustain normal health and fitness or to end
suffering or abandons any animal to die, or uses, trains or
possesses any domesticated animal for the purpose of seizing,
detaining or maltreating any other domesticated animal, he or she
is guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than three hundred nor more than one thousand dollars or confined in the county or regional jail not more than
six months, or both so fined and confined.
(b) If any person intentionally tortures or maliciously kills
an animal, or causes, procures or authorizes any other person to
torture or maliciously kill an animal, he or she is guilty of a
felony and, upon conviction thereof, shall be confined in a
correctional facility not less than one nor more than three years
and be fined not less than one thousand dollars nor more than five
thousand dollars. For the purposes of this subsection, "torture"
means an action taken for the primary purpose of inflicting pain.
(c) No person may debark or surgically silence a dog by
cutting its vocal chords. A person violating this subsection is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than three hundred nor more than one thousand
dollars or confined in the county or regional jail not more than
six months, or both so fined and confined.
(c) (d) Any person, other than a licensed veterinarian or a
person acting under the direction or with the approval of a
licensed veterinarian, who knowingly and willfully administers or
causes to be administered to any animal participating in any
contest any controlled substance or any other drug for the purpose
of altering or otherwise affecting said animal's performance is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than one hundred nor more than one thousand dollars.
(d) (e) Any person convicted of a violation of this section
shall forfeit his or her interest in any animal and all interest in the animal shall vest in the humane society or county pound of the
county in which said conviction was rendered and the person shall,
in addition to any fine imposed, be liable for any costs incurred
or to be incurred by the humane society or county pound as a
result.
(e) (f) For the purpose of this section, the term "controlled
substance" shall have the same meaning ascribed to it by subsection
(d), section one hundred one, article one, chapter sixty-a of this
code.
(f) (g) The provisions of this section do not apply to lawful
acts of hunting, fishing, trapping or animal training or farm
livestock, poultry, gaming fowl or wildlife kept in private or
licensed game farms if kept and maintained according to usual and
accepted standards of livestock, poultry, gaming fowl or wildlife
or game farm production and management, nor to humane use of
animals or activities regulated under and in conformity with the
provisions of 7 U.S.C. §2131 et seq., and the regulations
promulgated thereunder, as both statutes and regulations are in
effect on the effective date of this section.
(g) (h) Notwithstanding the provisions of subsection (a) of
this section, any person convicted of a second or subsequent
violation of said subsection is guilty of a misdemeanor and shall
be confined in the county or regional jail for a period of not less
than ninety days nor more than one year, fined not less than five
hundred dollars nor more than two thousand dollars, or both. The
incarceration set forth in this subsection shall be mandatory unless the provisions of subsection (h) (i) are complied with.
(h) (i) Notwithstanding any provision of this code to the
contrary, no person who has been convicted of a violation of the
provisions of subsection (a) or (b) 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. Unless the defendant is determined by the court to be
indigent, he or she shall be responsible for the cost of said the
evaluation.
(i) (j) In addition to any other penalty which can be imposed
for a violation of this section, a court shall 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 fifteen years following entry of a
felony conviction. A violation under this subsection is a
misdemeanor punishable by a fine not exceeding two thousand dollars
and forfeiture of the animal.
NOTE: The purpose of this bill is to prohibit the practice of
"debarking" or surgically silencing a dog by cutting its vocal
chords.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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