COMMITTEE SUBSTITUTE
FOR
H. B. 4072
(By Delegates Talbott, Crosier, Stemple,
Eldridge, Hamilton, Poling, Argento and Paxton)
(Originating in the Committee on the Judiciary)
[February 10, 2006]
A BILL to amend and reenact §19-20-12 of the Code of West Virginia,
1931, as amended, relating to protection of registered dogs;
prohibiting a person not the owner of a registered dog from
removing tags, collars or apparel from a registered dog, or
turning off a radio transmitting collar without the permission
of the owner; providing for limited exceptions thereto; and
establishing related penalties.
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 companion animals.
(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 companion animal by any person, irrespective of age, is protected by law; and, except
as otherwise authorized by law, any person who shall intentionally,
knowingly or recklessly kill, injure, poison or in any other manner,
cause the death or injury of any dog, cat, other animal or any
reptile is 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
dollars nor more than five hundred dollars, or both. However, this
section does not apply to a dog who is killed while attacking a
person, a companion animal or livestock. Any person whose dog, cat,
other animal or reptile as specified herein is 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 any dog, cat,
animal or reptile.
(b) Any person who shall intentionally and unlawfully steal a
dog, cat, other animal or reptile as specified in subsection (a) of
this section is 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 is 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 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 has 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) No person other than the owner of a registered dog may
remove a tag, collar or other identifying apparel from the
registered dog, nor remove or turn off a radio transmitting collar
on the registered dog, without the permission of the owner, unless
removal of the tag, collar or apparel is necessary to prevent or
treat an injury to the dog or is done by a law enforcement officer
for a legitimate law enforcement purpose. Any person who
intentionally removes a tag, collar or other apparel
from a
registered dog in violation of the provisions of this subsection is
guilty of a misdemeanor and, upon conviction thereof, shall be
ordered to provide public service for not less than five days nor
more than fifteen days or fined not less than fifty dollars nor more
than one hundred fifty dollars, or both.
(c) (d) The Commissioner of Agriculture is hereby authorized
to designate a 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 animals or reptiles and the alleged
incidents of the unlawful stealing of animals or reptiles for the
purpose of sale to medical or other research companies. The 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) (e) It shall be the duty of all members of the 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 those persons shall be
entitled to fees in the amounts set forth in section eight of this
article. The fees shall be paid by the county commission from the
dog and kennel fund.
NOTE: The purpose of this bill is to prohibit a person not the
owner of a dog from removing tags, collars or apparel from a dog
without the permission of the owner.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.