wa-law.org > bill > 2025-26 > HB 1149 > Original Bill
Principles of liability as defined in chapter 9A.08 RCW apply to this chapter.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Abandons" means the knowing or reckless desertion of an animal by its owner, or by a person who has taken control, custody, or possession of an animal that was involved in animal fighting as described in RCW 16.52.117, or the causing of the animal to be deserted by its owner, in any place, without making provisions for the animal's adequate care.
"Animal" means any nonhuman mammal, bird, reptile, or amphibian.
"Animal care and control agency" means any city or county animal control agency or authority authorized to enforce city or county municipal ordinances regulating the care, control, licensing, or treatment of animals within the city or county, and any corporation organized under RCW 16.52.020 that contracts with a city or county to enforce the city or county ordinances governing animal care and control.
"Animal control officer" means any individual employed, contracted, or appointed pursuant to RCW 16.52.025 by an animal care and control agency or humane society to aid in the enforcement of ordinances or laws regulating the care and control of animals. For purposes of this chapter, the term "animal control officer" shall be interpreted to include "humane officer" as defined in (h) of this subsection and RCW 16.52.025.
"Dog" means an animal of the species .
"Euthanasia" means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death, or by a method that causes painless loss of consciousness, and death during the loss of consciousness.
"Food" means food or feed appropriate to the species for which it is intended.
"Humane officer" means any individual employed, contracted, or appointed by an animal care and control agency or humane society as authorized under RCW 16.52.025.
"Livestock" includes, but is not limited to, horses, mules, cattle, sheep, swine, goats, and bison.
"Malice" has the same meaning as provided in RCW 9A.04.110, but applied to acts against animals.
"Necessary food" means the provision
of species-appropriate food that is easily accessible to the animal and of sufficient quantity and quality to sustain the animal in good health and allow for normal growth or maintenance of healthy body weight, provided at suitable intervals for the species, age, and condition of the animal, but at least once daily unless daily feeding is not suitable for the species, and placed so as to minimize contamination by excrement and pests, or as directed by a veterinarian for medical reasons.
m. "Necessary medical attention" means veterinary care as deemed necessary by a reasonably prudent person to prevent or relieve in a timely manner distress from injury, neglect, or physical infirmity.
n. "Necessary sanitation" means that both indoor areas and outdoor enclosures are kept reasonably clean and free from excess waste, garbage, noxious odors, or other contaminants, objects, or other animals that could cause harm to the animal's health and well-being.
o. "Necessary shelter" means a structure sufficient to protect an animal from wind, rain, snow, cold, heat, or sun that has bedding to permit an animal to remain dry and reasonably clean and maintain a normal body temperature, except as excluded by RCW 16.52.185 relating to accepted husbandry practices used in the commercial raising or slaughtering of livestock or poultry.
p. "Necessary space," except as excluded by RCW 16.52.185 relating to accepted husbandry practices used in the commercial raising or slaughtering of livestock or poultry, means continuous access to an area with the following:
i. Adequate space for exercise necessary for the physical health and well-being of the animal based on the animal's species, age, or physical condition;
ii. Temperature and ventilation suitable to the health and well-being of the animal based on the animal's species, age, or physical condition; and
iii. Regular diurnal lighting cycles of either natural or artificial light.
q. "Necessary water" means the provision of open or adequate access to potable water of a drinkable temperature that is easily accessible to the animal, in sufficient quantity to satisfy the animal's needs and placed so as to minimize contamination of the water by excrement and pests, or as directed by a veterinarian for medical reasons.
r. "Owner" means a person who has a right, claim, title, legal share, or right of possession to an animal or a person having control, custody, or possession of an animal.
s. "Person" means individuals, corporations, partnerships, associations, or other legal entities, and agents of those entities.
t. "Substantial bodily harm" means substantial bodily harm as defined in RCW 9A.04.110.
u. "Tether" means: (i) To restrain an animal by tying or securing the animal to any object or structure; and (ii) a device including, but not limited to, a chain, rope, cable, cord, tie-out, pulley, or trolley system for restraining an animal.
For the purposes of this section:
"Minimum care" means care sufficient to preserve the physical and mental health and well-being of an animal and includes, but is not limited to, the following requirements:
Food of sufficient nutrition, quantity, and quality to allow for normal growth or maintenance of healthy body weight;
Open or adequate access to potable water of a drinkable temperature in sufficient quantity to satisfy the animal's needs;
Shelter sufficient to protect the animal from wind, rain, snow, sun, or other environmental or weather conditions based on the animal's species, age, or physical condition;
Veterinary or other care as may be deemed necessary by a reasonably prudent person to prevent or relieve in a timely manner distress from injury, neglect, or physical infirmity; and
Continuous access to an area:
(A) With adequate space for exercise necessary for the physical and mental health and well-being of the animal. Inadequate space may be indicated by evidence of debility, stress, or abnormal behavior patterns;
(B) With temperature and ventilation suitable for the health and well-being of the animal based on the animal's species, age, or physical condition;
(C) With regular diurnal lighting cycles of either natural or artificial light; and
(D) Kept reasonably clean and free from excess waste, garbage, noxious odors, or other contaminants, objects, or other animals that could cause harm to the animal's health and well-being.
b. "Physical infirmity" includes, but is not limited to, starvation, dehydration, hypothermia, hyperthermia, muscle atrophy, restriction of blood flow to a limb or organ, mange or other skin disease, or parasitic infestation.
c. "Physical injury" includes, but is not limited to, substantial physical pain, fractures, cuts, burns, punctures, bruises, or other wounds or illnesses produced by violence or by a thermal or chemical agent.
d. "Serious physical injury or infirmity" means physical injury or physical infirmity that creates a substantial risk of death or that causes protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of a limb or bodily organ.
[Empty]
If a law enforcement officer or animal control officer has probable cause to believe that an owner of a domestic animal has violated this chapter or a person owns, cares for, or resides with an animal in violation of RCW 16.52.200 or an order issued under RCW 16.52.117, 16.52.205, or 16.52.207, the officer, after obtaining a warrant, may enter the premises where the animal is located and seize the animal.
If a law enforcement officer or an animal control officer has probable cause to believe an animal is in imminent danger or is suffering serious physical injury or infirmity, or needs immediate medical attention, the officer may enter onto private property without a warrant to:
Render emergency aid to the animal; or
Seize the animal without a warrant. Any animal seized without a warrant shall immediately be brought to a veterinarian licensed in the state of Washington to provide medical attention and to assess the health of the animal.
A law enforcement officer or an animal control officer is not liable for any damages for entry onto private property without a warrant under this section, provided that the officer does not use any more force than is reasonably necessary to enter upon the property and remove the animal.
[Empty]
An animal seized under this section may be placed into the custody of an animal care and control agency, into foster care that is not associated in any way with the owner, or with a nonprofit humane society, nonprofit animal sanctuary, or nonprofit rescue organization. In determining what is a suitable placement, the officer shall consider the animal's needs, including its size, medical needs, and behavioral characteristics. Any person or custodial agency receiving an animal seized under this section shall provide the animal with minimum care.
If a seized animal is placed into foster care or with a nonprofit animal sanctuary or rescue organization, the seizing agency shall retain constructive custody of the animal, shall have the duty to ensure the animal receives minimum care, and may draw from the bond under subsection (5) of this section and distribute the funds to the foster home, authorized humane society, sanctuary, or rescue organization that is authorized to care for the animal.
The owner from whom the animal was seized shall be provided with notice of the right to petition for immediate return of the animal and shall be afforded an opportunity to petition for such a civil hearing before the animal is deemed abandoned and forfeited. Any owner whose animal is seized by a law enforcement officer or animal control officer under this section shall, within 72 hours following the seizure, be given written notice of the circumstances of the removal and notice of legal remedies available to the owner. The notice shall be given by posting at the place of seizure, by delivery to the last known or suspected owner in person or a person residing at the place of seizure, or by registered mail to the last known or suspected owner. Such notice shall include:
The name, business address, and telephone number of the law enforcement agency or animal care and control agency responsible for seizing the animal;
A description of the seized animal;
The authority and purpose for the seizure, including the time, place, and circumstances under which the animal was seized;
A statement that the owner is responsible for the cost of care for an animal who was lawfully seized, and that the owner will be required to post a bond with the clerk of the district court of the county from which the animal was seized to defray the cost of minimum care pursuant to subsection (5) of this section within 14 calendar days of the seizure or the animal will be deemed abandoned and forfeited; and
A statement that the owner has a right to petition the district court for a civil hearing for immediate return of the animal and that in order to receive a hearing, the owner or owner's agent must request the civil hearing by signing and returning to the court an enclosed petition within 14 calendar days after the date of seizure. The enclosed petition must be in substantially the same form as set forth in subsection (13) of this section.
[Empty]
When an animal is seized pursuant to this section, the owner shall post a bond with the district court in an amount sufficient to provide minimum care for each animal seized for 30 days, including the day on which the animal was taken into custody, regardless of whether the animal is the subject of a criminal charge. Such bond shall be filed with the clerk of the district court of the county from which the animal was seized within 14 calendar days after the day the animal is seized.
[Empty]
If an owner fails to post a bond by 5:00 p.m. on the 14th calendar day after the day the animal was seized as required under this section, the animal is deemed abandoned and the owner's interest in the animal is forfeited to the custodial agency by operation of law in accordance with the notice provided in subsection (4) of this section.
A petition required by subsection (4)(e) of this section may be filed in the district court of the county from which an animal was seized concerning any animal seized pursuant to this section. Copies of the petition must be served on the law enforcement agency or animal care and control agency responsible for seizing the animal and the prosecuting attorney.
An owner's failure to file a written petition by 5:00 p.m. on the 14th calendar day after the day the animal was seized shall constitute a waiver of the right to file a petition under this subsection and the animal is deemed abandoned and the owner's interest in the animal is forfeited to the custodial agency by operation of law unless a bond has been posted pursuant to this subsection (5). The court may extend the 14-day period to file a written petition by an additional 14 calendar days if the petitioner did not have actual notice of the seizure and the court finds, on the record and in writing, that there are exceptional and compelling circumstances justifying the extension.
[Empty]
Upon receipt of a petition pursuant to (b) of this subsection, the court shall set a civil hearing on the petition. The hearing shall be conducted within 30 calendar days after the filing of the petition.
At the hearing requested by the owner, the rules of civil procedure shall apply and the respondent shall have the burden of establishing probable cause to believe that the seized animal was subjected to a violation of this chapter. The owner shall have an opportunity to be heard before the court makes its final finding. If the court finds that probable cause exists, the court shall order the owner to post a bond as required by this subsection (5) within 72 hours of the hearing, and if the owner fails to do so, the seized animal is deemed abandoned and the owner's interest in the animal is forfeited to the custodial agency by operation of law. If the respondent does not meet its burden of proof, the court may order the animal returned to the owner at no cost to the owner, subject to conditions set by the court. If the court orders the return of an animal to the owner, the court may also order:
(A) Reasonable attorney fees for the owner; and
(B) A full refund of the bond posted pursuant to this subsection (5) by the owner for the care of the animal.
d. [Empty]
i. If a bond has been posted in accordance with this subsection (5), subsequent court proceedings shall be given court calendar priority so long as the animal remains in the custody of the custodial agency and the custodial agency may draw from the bond the actual reasonable costs incurred by the agency in providing minimum care to the animal from the date of seizure to the date of final disposition of the animal in the criminal action.
ii. At the end of the time for which expenses are covered by the bond, if the owner seeks to prevent disposition of the animal by the custodial agency, the owner shall post a new bond with the court within 72 hours following the prior bond's expiration. If an owner fails to post or renew a bond as required under this subsection (5), the animal is deemed abandoned and the owner's interest in the animal is forfeited to the custodial agency by operation of law.
e. For the purposes of this subsection (5), "animal" includes all unborn offspring of the seized animal and all offspring of the seized animal born after the animal was seized.
When an animal is seized from a person prohibited from owning, caring for, possessing, or residing with animals under RCW 16.52.200 or an order issued pursuant to RCW 16.52.117, 16.52.205, or 16.52.207, the animal is immediately and permanently forfeited by operation of law to the custodial agency and no court action is necessary.
If an animal is forfeited to a custodial agency according to the provisions of this section, the agency to which the animal was forfeited may place the animal with a new owner; provided that the agency may not place the animal with family members or friends of the former owner or with anyone who lives in the same household as the former owner. At the time of placement, the agency must provide the new owner with notice that it may constitute a crime for the former owner to own, care for, possess, or reside with the animal at any time in the future.
A custodial agency may authorize a veterinarian or veterinary technician licensed in the state of Washington or a certified euthanasia technician certified in the state of Washington to euthanize a seized animal for humane reasons at any time if the animal is severely injured, sick, diseased, or suffering.
Nothing in this chapter shall be construed to prevent the voluntary, permanent relinquishment of any animal by its owner to a law enforcement officer, animal control officer, or animal care and control agency. Voluntary relinquishment has no effect on the criminal charges that may be pursued by the appropriate authorities.
Nothing in this chapter requires court action for taking custody of, caring for, and properly disposing of stray, feral, at-large, or abandoned animals, or wild animals not owned or kept as pets or livestock, as lawfully performed by law enforcement agencies or animal care and control agencies.
Any authorized person caring for, treating, or attempting to restore an animal to health under this chapter shall not be civilly or criminally liable for such action.
The provisions of this section are in addition to, and not in lieu of, the provisions of RCW 16.52.200.
A petition for a civil hearing for the immediate return of a seized animal shall be in a form substantially similar to the following:
"IN THE . . . . . COURT
OF THE STATE OF WASHINGTON IN AND FOR
THE COUNTY OF . . . . . .
,
No. . . . .
Petitioner,
vs.
PETITION FOR
,
RETURN OF SEIZED
Respondent
ANIMALS
PARTIES/JURISDICTION
a. [Empty]
i. That Petitioner is, and at all relevant times herein was, a resident of . . . . . (county of residence) County, Washington.
ii. That Respondent is, and at all relevant times herein was, an agent, contractor, or political subdivision of the City/County of . . . . . (city or county of seizing agency), State of Washington.
iii. That Petitioner's animal/animals were seized by Respondent in . . . . . (county where animals were seized) County, Washington.
iv. That this Court has jurisdiction over the subject matter and the parties hereto.
FACTS
b. [Empty]
i. That upon seizure of . . . . (number and type of animals) such animals were placed in the care and custody of the Respondent on . . . . (date of seizure).
ii. That on or about . . . . (date on notice) the Respondent issued a seizure, bond, and forfeiture notice under RCW 16.52.085, a true and correct copy of said notice and accompanying attachments is attached hereto and incorporated herein as Exhibit A (attach a copy of the notice of seizure to this petition).
iii. That pursuant to such notice, Petitioner herein files this petition for the immediate return of all such seized animals pursuant to RCW 16.52.085.
PRAYER
c. Petitioner prays that this Court grant said petition and order the immediate return of Petitioner's aforementioned animals to Petitioner's care and custody.
DATED the . . . day of ........, ....
By: ...................................
Petitioner (Signature)
If any domestic animal is impounded or confined without necessary food and water for more than 24 consecutive hours, any person may, from time to time, as is necessary, enter into and open any pound or place of confinement in which any domestic animal is confined, and supply it with necessary food and water so long as it is confined. The person shall not be liable to action for the entry, and may collect from the animal's owner the reasonable cost of the food and water. The animal shall be subject to attachment for the costs and shall not be exempt from levy and sale upon execution issued upon a judgment.
An investigating officer may enter into and upon a property, building, dwelling, or vehicle to provide a confined animal necessary food and water prior to the animal being without necessary food or water for 24 consecutive hours if the officer has probable cause to believe the animal's health or life is in imminent danger. If an investigating officer finds it extremely difficult to supply confined animals with food and water, the officer may remove the animals to protective custody for that purpose.
Nothing in this section shall be construed as requiring an investigating officer to wait for an animal to be confined or impounded without necessary food or water for 24 consecutive hours before making a determination that the animal has been abandoned.
A person commits the crime of animal fighting if the person knowingly does any of the following , causes a minor to do any of the following, or aids or abets any of the following:
Owns, possesses, keeps, breeds, trains, buys, sells, or advertises or offers for sale any animal with the intent that the animal shall be engaged in an exhibition of fighting with another animal;
Promotes, organizes, conducts, participates in, is a spectator of, advertises, prepares, or performs any service in the furtherance of, an exhibition of animal fighting, transports spectators to an animal fight, or provides or serves as a stakeholder for any money wagered on an animal fight;
Keeps or uses any place for the purpose of animal fighting, or manages or accepts payment of admission to any place kept or used for the purpose of animal fighting;
Suffers or permits any place over which the person has possession or control to be occupied, kept, or used for the purpose of an exhibition of animal fighting;
Steals, takes, leads away, possesses, confines, sells, transfers, or receives an animal with the intent of using the animal for animal fighting, or for training or baiting for the purpose of animal fighting; or
Owns, possesses, buys, sells, transfers, or manufactures animal fighting paraphernalia for the purpose of engaging in, promoting, or facilitating animal fighting, or for baiting a live animal for the purpose of animal fighting.
[Empty]
Except as provided in (b) of this subsection, a person who violates this section is guilty of a class C felony punishable under RCW 9A.20.021;
A person who intentionally mutilates an animal in furtherance of an animal fighting offense as described in subsection (1) of this section is guilty of a class B felony punishable under RCW 9A.20.021.
Nothing in this section prohibits the following:
The use of dogs in the management of livestock, as defined by chapter 16.57 RCW, by the owner of the livestock or the owner's employees or agents or other persons in lawful custody of the livestock;
The use of dogs in hunting as permitted by law; or
The training of animals or the use of equipment in the training of animals for any purpose not prohibited by law.
For the purposes of this section, "animal fighting paraphernalia" includes equipment, products, implements, or materials of any kind that are used, intended for use, or designed for use in the training, preparation, conditioning, or furtherance of animal fighting, and includes, but is not limited to: Cat mills; fighting pits; springpoles; unprescribed veterinary medicine; treatment supplies; and gaffs, slashers, heels, and any other sharp implement designed to be attached in place of the natural spur of a cock or game fowl.
The sentence imposed for a misdemeanor or gross misdemeanor violation of this chapter may be deferred or suspended in accordance with RCW 3.66.067 and 3.66.068, however the probationary period shall be two years.
In case of multiple misdemeanor or gross misdemeanor convictions, the sentences shall be consecutive, however the probationary period shall remain two years.
In addition to the penalties imposed by the court, the court shall order the forfeiture of all animals held by law enforcement or animal care and control authorities under the provisions of this chapter if any one of the animals involved dies as a result of a violation of this chapter or if the defendant has a prior conviction under this chapter. In other cases the court may enter an order requiring the owner to forfeit the animal if the court deems the animal's treatment to have been severe and likely to reoccur.
Any person convicted of animal cruelty or animal fighting shall be prohibited from owning, caring for, possessing, or residing with any animals for a period of time as follows:
Two years for a first conviction of animal cruelty in the second degree under RCW 16.52.207;
Permanently for a first conviction of animal cruelty in the first degree under RCW 16.52.205 or for a first conviction of animal fighting under RCW 16.52.117;
Permanently for a second or subsequent conviction of animal cruelty, except as provided in subsection (5) of this section.
If a person has no more than two convictions of animal cruelty and each conviction is for animal cruelty in the second degree, the person may petition the sentencing court in which the most recent animal cruelty conviction occurred, for a restoration of the right to own, care for, possess, or reside with animals five years after the date of the second conviction. In determining whether to grant the petition, the court shall consider, but not be limited to, the following:
The person's prior animal cruelty in the second degree convictions;
The type of harm or violence inflicted upon the animals;
Whether the person has completed the conditions imposed by the court as a result of the underlying convictions;
Whether the person complied with the prohibition on owning, caring for, possessing, or residing with animals; and
Any other matters the court finds reasonable and material to consider in determining whether the person is likely to abuse another animal.
The court may delay its decision on forfeiture under subsection (3) of this section until the end of the probationary period.
In addition to fines and court costs, the defendant, only if convicted or in agreement, shall be liable for reasonable costs incurred pursuant to this chapter by law enforcement agencies, animal care and control agencies, or authorized private or public entities involved with the care of the animals. Reasonable costs include expenses of the investigation, and the animal's care, euthanization, or adoption.
If convicted, the defendant shall also pay a civil penalty of $1,000 to the county to prevent cruelty to animals. These funds shall be used to prosecute offenses under this chapter and to care for forfeited animals pending trial.
If a person violates the prohibition on owning, caring for, possessing, or residing with animals under subsection (4) of this section, that person:
Is guilty of a misdemeanor for the first violation;
Is guilty of a gross misdemeanor for the second violation; and
Is guilty of a class C felony for the third and each subsequent violation.
As a condition of the sentence imposed under this chapter or RCW 9.08.070 through 9.08.078, the court may also order the defendant to participate in an available animal cruelty prevention or education program or obtain available psychological counseling to treat mental health problems contributing to the violation's commission. The defendant shall bear the costs of the program or treatment.
Nothing in this section limits the authority of a law enforcement officer, animal control officer, custodial agency, or court to remove, adopt, euthanize, or require forfeiture of an animal under RCW 16.52.085.
A person is guilty of animal cruelty in the second degree if, under circumstances not amounting to first degree animal cruelty:
The person knowingly, recklessly, or with criminal negligence inflicts unnecessary suffering or pain upon an animal;
The person takes control, custody, or possession of an animal that was involved in animal fighting as described in RCW 16.52.117 and knowingly, recklessly, or with criminal negligence abandons the animal; or
The person willfully instigates, engages in, or in any way furthers any act of animal cruelty to any animal.
A person is guilty of animal cruelty in the second degree if, under circumstances not amounting to first degree animal cruelty, the person knowingly, recklessly, or with criminal negligence:
Fails to provide the animal with necessary food, water, shelter, rest, sanitation, space, or medical attention and the animal suffers unnecessary or unjustifiable physical pain as a result of the failure; or
Abandons the animal.
Animal cruelty in the second degree is a gross misdemeanor.