H. B. 4645
(By Delegates Overington, DeLong and Andes)
[Introduced February 18, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §61-8-19c, relating
to providing pastured racehorses with care that is the same or
substantially similar to the care they received when being
used for racing purposes.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §61-8-19c, to read as
follows:
ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.
§61-8-19c. Adequate shelter of pastured race horses.
(a) A person or entity, including, but not limited to
racetracks, which does not maintain the same or a substantially
similar standard of care for a racehorse once that racehorse is no
longer used for racing, is guilty of a misdemeanor and, upon
conviction thereof, is fined not less than three hundred dollars
nor more than two thousand dollars or confined in jail not more than six months, or both.
(b) For purposes of this section "same or substantially
similar standard of care" must include, but not be limited to the
following:
(1) Adequate food, water and a shelter consisting of three
sides and a roof that protects the horse from the weather; and
(2) Adequate medical treatment, which is necessary to sustain
normal health for a racehorse.
(c) Any person or entity convicted of a violation of this
section forfeits interest in any racehorse and all interest in the
racehorse vests in the humane society of the county in which the
conviction was rendered and the person or entity is, in addition to
any fine imposed, liable for any costs incurred or to be incurred
by the humane society as a result.
(d) In addition to any other penalty which can be imposed for
a violation of this section, a court shall prohibit any person or
entity so convicted from possessing or owning any racehorse for a
period of five years following entry of a misdemeanor conviction.
NOTE: The purpose of this bill is to provide pastured
racehorses with care that is the same or substantially similar to
the care they received when being used for racing purposes.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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