Senate Bill No. 258
(By Senators Love, Barnes and Dempsey)
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[Introduced January 24, 2006; referred to the Committee
on Natural Resources; and then to the Committee on the
Judiciary.]
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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.