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WEST virginia legislature
2024 regular session
Committee Substitute
for
Senate Bill 399
By Senators Weld, Deeds, Grady, Stuart, Takubo, Phillips, Taylor, Barrett, Rucker, and Hamilton
[Originating in the Committee on the Judiciary; reported on January 18, 2024]
A BILL to repeal §19-20-24 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §61-3-27a, relating to police dogs and other public safety animals; creating offenses related to willfully causing physical injury, serious physical injury, or death to public safety animals; providing an exemption; defining terms; and establishing criminal penalties.
Be it enacted by the Legislature of West Virginia:
[Repealed.]
(a) As used in this section:
(1) “Public safety animal” means a dog and any other animal specifically trained to assist public safety officers or persons working under the direction of, or in cooperation with, public safety officers in the performance of their official duties.
(2)”Public safety officer” means a law-enforcement officer, fire prevention or investigation officer, correctional officer, or emergency services officer.
(3) “Physical injury” means substantial physical pain or temporary impairment of the animal’s ability to physically function as a public service animal.
(4) “Serious physical injury” means bodily injury that causes serious or prolonged physical injury or permanent impairment of the animal’s ability to function as a public service animal.
(b) Any person who willfully causes physical injury to a public safety animal is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $200 nor more than $1,000 or confined in jail for not more than one year, or both fined and confined.
(c) Notwithstanding the provisions of subsection (b) of this section, any person who willfully causes serious physical injury to a public safety animal is guilty of a felony and, upon conviction thereof, shall be fined not less than $1,000 nor more than $3,000 or imprisoned in a state correctional facility for an indeterminate term of not less than one year nor more than five years, or both fined and imprisoned.
(d) Notwithstanding the provisions of subsections (b) or (c) of this section, any person who willfully causes the death of a public safety animal is guilty of a felony and, upon conviction thereof, shall be fined not less than $2,000 nor more than $5,000 or imprisoned in a state correctional facility for an indeterminate term of not less than two years nor more than 10 years, or both fined and imprisoned.
(e) The provisions of this section do not apply to a person who euthanizes an injured, ill, or infirm public safety animal as part of his or her official duties.
(f) The provisions of §61-11A-4 of this code relating to court-ordered restitution are applicable to persons convicted of a violation of this section.
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