H. B. 4101
(By Delegates Talbott, Crosier,
Stemple, Eldridge, Paxton,
Hamilton and Evans)
[Introduced January 25, 2006; referred to the
Committee on Agriculture and Natural Resources
then the Judiciary.]
A BILL to amend and reenact §19-20-12 of the Code of West Virginia,
1931, as amended, relating to including hunting dogs as
protected animals; prohibiting a person not the owner of a dog
from removing identifying tags, collars or apparel from a dog
or disabling a device worn by a dog to aid in the retrieval of
the dog without the permission of the owner; and providing a
misdemeanor penalty for violations.
Be it enacted by the Legislature of West Virginia:
That §19-20-12 of the Code of West Virginia, 1931, 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 or hunting animals and unlawful removal
of collars from dogs.
(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 or
hunting 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 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 person other than the owner of a dog may remove
identifying tags, collars or apparel from a dog or disable a device
worn by a dog to aid in the retrieval 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 violating the provisions
of this subsection is guilty of a misdemeanor and, upon conviction
thereof, shall be confined in jail for a period of not less than
ninety days nor more than six months
or fined not more than one
hundred dollars or both fined and confined.
NOTE: The purpose of this bill is to include hunting dogs as
protected animals and to prohibit a person not the owner of a dog
from removing tags, collars or apparel from a dog without the
permission of the owner and providing a misdemeanor penalty for
violations.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.