COMMITTEE SUBSTITUTE
FOR
H. B. 3004
(By Delegate Talbott (By Request))
(Originating in the Committee on the Judiciary)
[March 1, 2004]
A BILL to amend and reenact §19-20-12 of the code of West Virginia,
1931, as amended, relating to prohibiting a person not the
owner of a dog from removing tags, collars or apparel from a
dog without the permission of the owner.
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 pets.
(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 pet by any person,
irrespective of age, shall be protected by law; and any person who shall intentionally and unlawfully kill, injure or poison any such
dog, cat, other animal, or any reptile as specified above, or
shall, in any other manner, intentionally and unlawfully cause the
death or injury of any such dog, cat, other animal or any reptile
shall be 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 more than three hundred
dollars, or both. Any person whose dog, cat, other animal or
reptile as specified herein shall be 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 such dog, cat,
animal or reptile but in no case involving a dog can recovery be
had in excess of the assessed value of such dog.
(b) Any person who shall intentionally and unlawfully steal a
dog, cat, other animal or reptile as specified in subsection (a) of
this section, shall be 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 five hundred nor more 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 such 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 such animals or reptiles and the alleged
incidents of the unlawful stealing of such animals or reptiles for
the purpose of sale to medical or other research companies. Such
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 department of
public safety, 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. Such fees shall
be paid by the county commission from the dog and kennel fund.
(e) No tag, collar or other apparel may be removed from a dog
by someone other than the owner of the dog, without the permission
of the owner, unless it is necessary to do so in order to prevent
injury to the dog.
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