COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 104
(By Senators Craigo, Anderson and Kessler)
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[Originating in the Committee on the Judiciary;
reported January 21, 1999.]
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A BILL to amend article twenty, chapter nineteen of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
twenty-five, relating to animal control officers entering upon
private lands and into structures on private land in pursuit
of vicious animals; and limitations.
Be it enacted by the Legislature of West Virginia:
That article twenty, chapter nineteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section twenty- five to read as follows:
ARTICLE 20. DOGS AND CATS.
§19-20-25. Entering private property in pursuit of vicious
animals; limitations.
(a) When in actual close pursuit of an animal subject to the provisions of this article and deemed to be vicious, an animal
control officer may enter upon private land solely for the purpose
of seizing said vicious animal without the permission of the owner
or possessor of the land.
(b) An animal control officer may enter into a structure on
private land without the permission of the owner or possessor
thereof if said animal control officer is in actual close pursuit
of an animal subject to the provisions of this article and deemed
to be vicious and the entry into the structure is necessary to
prevent imminent serious bodily injury to a person or domestic
animal.
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(NOTE: The purpose of this bill is to authorize limited entry
onto private lands by animal control officers in hot close pursuit of
vicious animals.
Section 25 is new; therefore, strike-throughs and underscoring
have been omitted.)