Animal Fighting.
Participation in animal fighting is a criminal offense. The crime of Animal Fighting encompasses various prohibited activities including, but not limited to, knowingly:
Animal Fighting is an unranked class C felony, and an unranked class B felony if a person intentionally mutilates an animal in furtherance of animal fighting.
Animal Cruelty.
A person is guilty of Animal Cruelty in the second degree, a gross misdemeanor, when the person:
An owner of an animal may additionally commit this offense by knowingly, recklessly, or with criminal negligence:
Any person convicted of Animal Cruelty is prohibited from owning, caring for, possessing, or residing with any animal as follows:
Penalties and Enforcement.
Any person convicted of Animal Cruelty who violates an imposed prohibition on owning, caring for, possessing, or residing with an animal must pay a $1,000 civil penalty for a first time violation, a $2,000 civil penalty for a second violation, and is guilty of a gross misdemeanor for a third or subsequent violation.
If a law enforcement or animal control officer has probable cause to believe that an owner of a domestic animal has violated any animal cruelty laws, or a person owns, cares for, or resides with an animal in violation of a court order or other prohibition, the officer may obtain a warrant, enter the premises where the animal is located and seize it. When an animal is seized under these circumstances, it is immediately and permanently forfeited to the custodial agency and no court action is necessary.
If any domestic animal is confined without necessary food and water for more than 36 consecutive hours, a person may enter where the animal is confined and supply it with such. Additionally, if an investigating officer finds it extremely difficult to supply a confined animal with food and water, the officer may remove the animal to protective custody for that purpose. Definitions are provided for "necessary food" and "necessary water."
Classification of Crimes.
Crimes are classified as misdemeanors, gross misdemeanors, or felonies, which generally determines the maximum term of confinement and the maximum fine a court can impose for an offense. When a person is convicted of a felony, the Sentencing Reform Act applies and determines a specific range of confinement determined by a sentencing grid. The sentencing grid provides a standard range of months for the sentence, based on both the severity, or "seriousness level," of the offense and the convicted person's "offender score," which is based on the offender's criminal history. Seriousness levels range from I to XVI, and offender scores can range from zero to nine or more points. A higher seriousness level or offender score results in a longer sentence.
If a felony is "unranked," it means that the offense does not have a statutorily designated seriousness level under the Sentencing Reform Act. Unranked felonies carry a maximum period of confinement of one year regardless of the class of felony.
Animal Fighting.
The crime of Animal Fighting is expanded to include when a person aids or abets in the commission of the offense. Animal Fighting is also established as a seriousness level III offense. Animal Fighting involving intentional mutilation of an animal is designated as a class C felony, instead of a class B felony, with a seriousness level of IV. Any person convicted of Animal Fighting is permanently prohibited from owning, caring for, possessing, or residing with any animal.
Animal Cruelty.
The crime of Animal Cruelty in the second degree is expanded to include circumstances in which a person willfully instigates, engages in, or in any way furthers any act of animal cruelty. The crime is further expanded to provide that a person, instead of an owner of an animal, commits animal cruelty by knowingly, recklessly, or with criminal negligence abandoning or failing to provide an animal with necessary shelter, rest, sanitation, space, or medical attention, as well as necessary food or water, and the animal suffers unnecessary or unjustifiable physical pain.
Definitions are established for "necessary sanitation," "necessary space," and "necessary medical attention," and existing definitions are modified for "necessary food," "necessary water," and "necessary shelter," including that "necessary shelter" means a structure sufficient to protect any animal, not just dogs, from weather, with bedding suitable to keep any animal, not just dogs, dry and reasonably clean with a normal body temperature.
No requirements of the crime of Animal Cruelty in the second degree prohibit accepted animal husbandry practices or the performance of accepted veterinary medical practices by licensed or certified individuals.
Penalties and Enforcement.
Any person convicted of Animal Cruelty or Animal Fighting who violates an imposed prohibition on owning, caring for, possessing, or residing with an animal is guilty of a misdemeanor for a first violation, a gross misdemeanor for a second violation, and a class C felony for a third or subsequent violation.
The circumstances under which a law enforcement or animal control officer may obtain a warrant, enter where an animal is located, and seize it are expanded to include when the officer has probable cause to believe that a person owns, cares for, or resides with an animal in violation of any pre-trial court order. When an animal is seized under these circumstances, the animal is immediately and permanently forfeited to the custodial agency and no court action is necessary.
The amount of time an animal must be impounded or confined without necessary food or water before a person may enter to supply it with such is decreased from 36 hours to 24 hours. Additionally, an investigating officer's authority with respect to confined animals is expanded. Prior to an animal being without necessary food or water for 24 consecutive hours, an officer may enter where the animal is confined to provide it with those if the officer has probable cause to believe the animal's health or life is in imminent danger. An officer is also not required to wait 24 consecutive hours before making a determination that the animal has been abandoned.
(In support) This bill does more than just protect animals, it is also for the protection of communities. These changes will enhance public safety, provide clarity for law enforcement, and send a clear message that animal cruelty is not allowed in Washington. Research demonstrates a clear link between animal cruelty, animal fighting, and violent crime between humans. There is a close correlation to perpetration of domestic violence, child abuse, and elder abuse. Animal fighting also coexists with organized crime, drug crimes, illegal gambling, and violent crime, so much so that the FBI tracks these offenses as strong indicators of current and future violence against people.
None of the changes in the bill restrict animal husbandry practices, and it strikes a careful balance to improve animal welfare laws while protecting the rights of those engaging in lawful commercial operations. Additionally, this bill provides consistent and meaningful consequences for Animal Fighting offenders, which protects animals and the community. Currently, without ranking the Animal Fighting felonies, there is inconsistent sentencing across the state. Ranking these felonies helps assure offenders face appropriate consequences. Additionally, offenders of Animal Fighting can currently acquire more animals, which is perpetuating cycles of abuse, and this bill would prevent that.
(Opposed) Ranking Animal Cruelty with Intentional Mutilation at seriousness level IV is incongruous with previous recommendations from the Sentencing Guidelines Commission. In 2021 the commission reviewed all unranked offenses, and in 2023 it recommended to the Legislature that both Animal Fighting felonies should be ranked at seriousness level III. Animal Fighting is a serious offense that should be ranked commensurate with first degree Animal Cruelty.
(In support) Representative David Hackney, prime sponsor; Tricia Gullion, Washington State Gambling Commission; Kirsten Gregory, Pasado's Safe Haven; Sarah Hock, Washington Federation of Animal Care and Control Agencies, and Joint Animal Services; and Nathaniel Block.