COMMITTEE SUBSTITUTE
FOR
H. B. 2205
(By Delegates Yeager and Staton)

(Originating in the Committee on the Judiciary)

[March 5, 1997]

A BILL to amend and reenact section twenty-four, article twenty, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to criminal penalties and restitution for intentionally causing injury or death to a law-enforcement or fire prevention or investigation animal.
Be it enacted by the Legislature of West Virginia:
That section twenty-four, article twenty, chapter nineteen 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.
§19-20-24. Causing death or injury to animals used by
law-enforcement officials or by fire prevention or investigation officials; criminal penalties.
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 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 nor more than one thousand dollars and imprisoned in the penitentiary for a definite term of not more than three years.
Any person who, without justification, willfully and unlawfully causes physical injury to any trained dog or horse used by law-enforcement officials 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, or confined in the county jail not more than six months, or both.
Any person convicted of a violation of this section shall be ordered to make restitution to the law-enforcement agency 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 provide for penalties and restitution for intentional injury or death to animals used in law- enforcement and fire prevention and investigation.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.