H. B. 4429
(By Delegates Phillips, Crosier, Frazier,
Longstreth, Mahan, Staggers, Guthrie, Hall)
[Introduced February 10, 2010
; referred to the
Committee on Agriculture then the Judiciary.]
A BILL to amend and reenact §19-20-24 of the Code of West Virginia,
1931, as amended, relating to increasing the financial
penalties for causing serious injury or death to a dog or
horse used by the police, the Department of Military Affairs
and Public Safety or fire prevention or investigation
officials.
Be it enacted by the Legislature of West Virginia:
That §19-20-24 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 20. DOGS AND CATS.
§19-20-24. Causing death or injury to animals used by law-
enforcement officials or by fire prevention or
investigation officials; criminal penalties.
(a) Any person who, without justification, and with the
unlawful intent to inflict serious physical injury or death, causes
the death of any trained dog or horse used by law-enforcement
officials, the Department of Military Affairs and Public Safety or by fire prevention or investigation officials in the performance of
their official duties is guilty of a felony and, upon conviction
thereof, shall be fined not less
than five hundred dollars $1,000
nor more than
one thousand dollars $3,000 and
imprisoned in the
penitentiary confined in a correctional facility for a definite
term of not more than three years.
(b) Any person who, without justification, willfully and
unlawfully causes physical injury to any trained dog or horse used
by law-enforcement officials, the Department of Military Affairs
and Public Safety or by fire prevention or investigation officials
in the performance of their official duties is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more
than
five hundred dollars $1,000, or confined in
the county jail
not more than six months, or both
fined and confined.
(c) Any person convicted of a violation of this section shall
be ordered to make restitution to the law-enforcement agency, the
Department of Military Affairs and Public Safety or to the state
Fire Marshal or other fire prevention or investigation department
or agency owning the animal for any veterinary bills and
replacement costs of any disabled or killed animal.
NOTE: The purpose of this bill is to increase the financial
penalties for causing serious injury or death to dogs and horses
used by law-enforcement officials, the Department of Military
Affairs and Public Safety or fire prevention or investigation
officials in the performance of their official duties.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.