H. B. 2206
(By Delegates Talbott, Stemple, Eldridge,
Hamilton, M. Poling and Argento)
[Introduced January 16, 2007; 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 protection of registered dogs;
prohibiting a person not the owner of a registered dog from
removing tags, collars or apparel from a registered dog, or
turning off a radio transmitting collar without the permission
of the owner; providing for limited exceptions thereto; and
establishing related penalties.
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 animals.
(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 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 is 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
has 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) No person other than the owner of a registered dog may
remove a tag, collar or other identifying apparel from the
registered dog, nor remove or turn off a radio transmitting collar
on the registered dog, without the permission of the owner, unless
removal of the tag, collar or apparel is necessary to prevent or
treat an injury to the dog or is done by a law-enforcement officer
for a legitimate law-enforcement purpose. Any person who
intentionally removes a tag, collar or other apparel
from a
registered dog in violation of the provisions of this subsection is
guilty of a misdemeanor and, upon conviction thereof, shall be
ordered to provide public service for not less than five days nor
more than fifteen days or fined not less than fifty dollars nor
more than one hundred fifty dollars, or both.
(c) (d) 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) (e) 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 those 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.
NOTE: The purpose of this bill is 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.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.