H. B. 2975
(By Delegate Trump (By Request))
[Introduced February 26, 1999; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section twelve, article twenty,
chapter nineteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to increasing
criminal penalties for intentionally and unlawfully killing,
injuring or poisoning another's dog, cat or other animal or
reptile.
Be it enacted by the Legislature of West Virginia:
That section twelve, article twenty, chapter nineteen of the
code of West Virginia, one thousand nine hundred thirty-one, 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 confined in the county or regional
jail not more than ninety days six months, or fined not more than
three hundred one thousand 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 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 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. Such fees shall be paid by the county
commission from the dog and kennel fund.
NOTE: The purpose of this bill is to increase the criminal
penalties for intentionally and unlawfully killing, injuring or
poisoning another's dog, cat or other animal or reptile.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.