Cruelty to animals

AN ACT Relating to the prevention of cruelty to animals; amending 1
RCW 16.52.011, 16.52.085, 16.52.100, 16.52.117, 16.52.200, and 2
16.52.207; reenacting and amending RCW 9.94A.515; and prescribing 3
penalties. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 16.52.011 and 2020 c 158 s 2 are each amended to 6
read as follows: 7
(1) Principles of liability as defined in chapter 9A.08 RCW apply 8
to this chapter. 9
(2) The definitions in this section apply throughout this chapter 10
unless the context clearly requires otherwise. 11
(a) "Abandons" means the knowing or reckless desertion of an 12
animal by its owner, or by a person who has taken control, custody, 13
or possession of an animal that was involved in animal fighting as 14
described in RCW 16.52.117, or the causing of the animal to be 15
deserted by its owner, in any place, without making provisions for 16
the animal's adequate care. 17
(b) "Animal" means any nonhuman mammal, bird, reptile, or 18
amphibian. 19
(c) "Animal care and control agency" means any city or county 20
animal control agency or authority authorized to enforce city or 21
S-0545.1
SENATE BILL 5376
State of Washington 69th Legislature 2025 Regular Session
By Senators Chapman, Lovick, Stanford, Orwall, MacEwen, Liias,
Bateman, Krishnadasan, Lovelett, Nobles, and Valdez
Read first time 01/20/25. Referred to Committee on Law & Justice.
p. 1 SB 5376
county municipal ordinances regulating the care, control, licensing, 1
or treatment of animals within the city or county, and any 2
corporation organized under RCW 16.52.020 that contracts with a city 3
or county to enforce the city or county ordinances governing animal 4
care and control. 5
(d) "Animal control officer" means any individual employed, 6
contracted, or appointed pursuant to RCW 16.52.025 by an animal care 7
and control agency or humane society to aid in the enforcement of 8
ordinances or laws regulating the care and control of animals. For 9
purposes of this chapter, the term "animal control officer" shall be 10
interpreted to include "humane officer" as defined in (h) of this 11
subsection and RCW 16.52.025. 12
(e) "Dog" means an animal of the species Canis lupus familiaris.13
(f) "Euthanasia" means the humane destruction of an animal 14
accomplished by a method that involves instantaneous unconsciousness 15
and immediate death, or by a method that causes painless loss of 16
consciousness, and death during the loss of consciousness.17
(g) "Food" means food or feed appropriate to the species for 18
which it is intended. 19
(h) "Humane officer" means any individual employed, contracted, 20
or appointed by an animal care and control agency or humane society 21
as authorized under RCW 16.52.025. 22
(i) "Law enforcement agency" means a general authority Washington 23
law enforcement agency as defined in RCW 10.93.020.24
(j) "Livestock" includes, but is not limited to, horses, mules, 25
cattle, sheep, swine, goats, and bison. 26
(k) "Malice" has the same meaning as provided in RCW 9A.04.110, 27
but applied to acts against animals. 28
(l) "Necessary food" means the provision ((at suitable intervals 29
of wholesome foodstuff suitable for the animal's age, species, and 30
condition, and that is sufficient to provide a reasonable level of 31
nutrition for the animal and is easily accessible to the animal or as 32
directed by a veterinarian for medical reasons.33
(m))) of species-appropriate food that is easily accessible to 34
the animal and of sufficient quantity and quality to sustain the 35
animal in good health and allow for normal growth or maintenance of 36
healthy body weight, provided at suitable intervals for the species, 37
age, and condition of the animal, but at least once daily unless 38
daily feeding is not suitable for the species, and placed so as to 39
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minimize contamination by excrement and pests, or as directed by a 1
veterinarian for medical reasons. 2
(m) "Necessary medical attention" means veterinary care as deemed 3
necessary by a reasonably prudent person to prevent or relieve in a 4
timely manner distress from injury, neglect, or physical infirmity.5
(n) "Necessary sanitation" means that both indoor areas and 6
outdoor enclosures are kept reasonably clean and free from excess 7
waste, garbage, noxious odors, or other contaminants, objects, or 8
other animals that could cause harm to the animal's health and well-9
being.10
(o) "Necessary shelter" means a structure sufficient to protect 11
((a dog )) an animal from wind, rain, snow, cold, heat, or sun that 12
has bedding to permit ((a dog )) an animal to remain dry and 13
reasonably clean and maintain a normal body temperature , except as 14
excluded by RCW 16.52.185 relating to accepted husbandry practices 15
used in the commercial raising or slaughtering of livestock or 16
poultry.17
(p) "Necessary space," except as excluded by RCW 16.52.185 18
relating to accepted husbandry practices used in the commercial 19
raising or slaughtering of livestock or poultry, means continuous 20
access to an area with the following:21
(i) Adequate space for exercise necessary for the physical health 22
and well-being of the animal based on the animal's species, age, or 23
physical condition;24
(ii) Temperature and ventilation suitable to the health and well-25
being of the animal based on the animal's species, age, or physical 26
condition; and27
(iii) Regular diurnal lighting cycles of either natural or 28
artificial light. 29
(((n))) (q) "Necessary water" means ((water that is in sufficient 30
quantity and of appropriate quality for the species for which it is 31
intended and that is accessible to the animal )) the provision of open 32
or adequate access to potable water of a drinkable temperature that 33
is easily accessible to the animal, in sufficient quantity to satisfy 34
the animal's needs and placed so as to minimize contamination of the 35
water by excrement and pests, or as directed by a veterinarian for 36
medical reasons. 37
(((o))) (r) "Owner" means a person who has a right, claim, title, 38
legal share, or right of possession to an animal or a person having 39
((lawful)) control, custody, or possession of an animal.40
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(((p))) (s) "Person" means individuals, corporations, 1
partnerships, associations, or other legal entities, and agents of 2
those entities. 3
(((q))) (t) "Substantial bodily harm" means substantial bodily 4
harm as defined in RCW 9A.04.110. 5
(((r))) (u) "Tether" means: (i) To restrain an animal by tying or 6
securing the animal to any object or structure; and (ii) a device 7
including, but not limited to, a chain, rope, cable, cord, tie-out, 8
pulley, or trolley system for restraining an animal.9
Sec. 2. RCW 16.52.085 and 2023 c 246 s 2 are each amended to 10
read as follows: 11
(1) For the purposes of this section: 12
(a) "Minimum care" means care sufficient to preserve the physical 13
and mental health and well-being of an animal and includes, but is 14
not limited to, the following requirements: 15
(i) Food of sufficient nutrition, quantity, and quality to allow 16
for normal growth or maintenance of healthy body weight;17
(ii) Open or adequate access to potable water of a drinkable 18
temperature in sufficient quantity to satisfy the animal's needs;19
(iii) Shelter sufficient to protect the animal from wind, rain, 20
snow, sun, or other environmental or weather conditions based on the 21
animal's species, age, or physical condition; 22
(iv) Veterinary or other care as may be deemed necessary by a 23
reasonably prudent person to prevent or relieve in a timely manner 24
distress from injury, neglect, or physical infirmity; and25
(v) Continuous access to an area: 26
(A) With adequate space for exercise necessary for the physical 27
and mental health and well-being of the animal. Inadequate space may 28
be indicated by evidence of debility, stress, or abnormal behavior 29
patterns; 30
(B) With temperature and ventilation suitable for the health and 31
well-being of the animal based on the animal's species, age, or 32
physical condition; 33
(C) With regular diurnal lighting cycles of either natural or 34
artificial light; and 35
(D) Kept reasonably clean and free from excess waste, garbage, 36
noxious odors, or other contaminants, objects, or other animals that 37
could cause harm to the animal's health and well-being.38
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(b) "Physical infirmity" includes, but is not limited to, 1
starvation, dehydration, hypothermia, hyperthermia, muscle atrophy, 2
restriction of blood flow to a limb or organ, mange or other skin 3
disease, or parasitic infestation. 4
(c) "Physical injury" includes, but is not limited to, 5
substantial physical pain, fractures, cuts, burns, punctures, 6
bruises, or other wounds or illnesses produced by violence or by a 7
thermal or chemical agent. 8
(d) "Serious physical injury or infirmity" means physical injury 9
or physical infirmity that creates a substantial risk of death or 10
that causes protracted disfigurement, protracted impairment of 11
health, or protracted loss or impairment of the function of a limb or 12
bodily organ. 13
(2)(a) If a law enforcement officer or animal control officer has 14
probable cause to believe that an owner of a domestic animal has 15
violated this chapter or a person owns, cares for, or resides with an 16
animal in violation of RCW 16.52.200 or an order issued under RCW 17
16.52.117, 16.52.205, or 16.52.207, the officer, after obtaining a 18
warrant, may enter the premises where the animal is located and seize 19
the animal. 20
(b) If a law enforcement officer or an animal control officer has 21
probable cause to believe an animal is in imminent danger or is 22
suffering serious physical injury or infirmity, or needs immediate 23
medical attention, the officer may enter onto private property 24
without a warrant to: 25
(i) Render emergency aid to the animal; or 26
(ii) Seize the animal without a warrant. Any animal seized 27
without a warrant shall immediately be brought to a veterinarian 28
licensed in the state of Washington to provide medical attention and 29
to assess the health of the animal. 30
(c) A law enforcement officer or an animal control officer is not 31
liable for any damages for entry onto private property without a 32
warrant under this section, provided that the officer does not use 33
any more force than is reasonably necessary to enter upon the 34
property and remove the animal. 35
(3)(a) An animal seized under this section may be placed into the 36
custody of an animal care and control agency, into foster care that 37
is not associated in any way with the owner, or with a nonprofit 38
humane society, nonprofit animal sanctuary, or nonprofit rescue 39
organization. In determining what is a suitable placement, the 40
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officer shall consider the animal's needs, including its size, 1
medical needs, and behavioral characteristics. Any person or 2
custodial agency receiving an animal seized under this section shall 3
provide the animal with minimum care. 4
(b) If a seized animal is placed into foster care or with a 5
nonprofit animal sanctuary or rescue organization, the seizing agency 6
shall retain constructive custody of the animal, shall have the duty 7
to ensure the animal receives minimum care, and may draw from the 8
bond under subsection (5) of this section and distribute the funds to 9
the foster home, authorized humane society, sanctuary, or rescue 10
organization that is authorized to care for the animal.11
(4) The owner from whom the animal was seized shall be provided 12
with notice of the right to petition for immediate return of the 13
animal and shall be afforded an opportunity to petition for such a 14
civil hearing before the animal is deemed abandoned and forfeited. 15
Any owner whose animal is seized by a law enforcement officer or 16
animal control officer under this section shall, within 72 hours 17
following the seizure, be given written notice of the circumstances 18
of the removal and notice of legal remedies available to the owner. 19
The notice shall be given by posting at the place of seizure, by 20
delivery to the last known or suspected owner in person or a person 21
residing at the place of seizure, or by registered mail to the last 22
known or suspected owner. Such notice shall include:23
(a) The name, business address, and telephone number of the law 24
enforcement agency or animal care and control agency responsible for 25
seizing the animal; 26
(b) A description of the seized animal; 27
(c) The authority and purpose for the seizure, including the 28
time, place, and circumstances under which the animal was seized;29
(d) A statement that the owner is responsible for the cost of 30
care for an animal who was lawfully seized, and that the owner will 31
be required to post a bond with the clerk of the district court of 32
the county from which the animal was seized to defray the cost of 33
minimum care pursuant to subsection (5) of this section within 14 34
calendar days of the seizure or the animal will be deemed abandoned 35
and forfeited; and 36
(e) A statement that the owner has a right to petition the 37
district court for a civil hearing for immediate return of the animal 38
and that in order to receive a hearing, the owner or owner's agent 39
must request the civil hearing by signing and returning to the court 40
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an enclosed petition within 14 calendar days after the date of 1
seizure. The enclosed petition must be in substantially the same form 2
as set forth in subsection (13) of this section. 3
(5)(a) When an animal is seized pursuant to this section, the 4
owner shall post a bond with the district court in an amount 5
sufficient to provide minimum care for each animal seized for 30 6
days, including the day on which the animal was taken into custody, 7
regardless of whether the animal is the subject of a criminal charge. 8
Such bond shall be filed with the clerk of the district court of the 9
county from which the animal was seized within 14 calendar days after 10
the day the animal is seized. 11
(b)(i) If an owner fails to post a bond by 5:00 p.m. on the 14th 12
calendar day after the day the animal was seized as required under 13
this section, the animal is deemed abandoned and the owner's interest 14
in the animal is forfeited to the custodial agency by operation of 15
law in accordance with the notice provided in subsection (4) of this 16
section. 17
(ii) A petition required by subsection (4)(e) of this section may 18
be filed in the district court of the county from which an animal was 19
seized concerning any animal seized pursuant to this section. Copies 20
of the petition must be served on the law enforcement agency or 21
animal care and control agency responsible for seizing the animal and 22
the prosecuting attorney. 23
(iii) An owner's failure to file a written petition by 5:00 p.m. 24
on the 14th calendar day after the day the animal was seized shall 25
constitute a waiver of the right to file a petition under this 26
subsection and the animal is deemed abandoned and the owner's 27
interest in the animal is forfeited to the custodial agency by 28
operation of law unless a bond has been posted pursuant to this 29
subsection (5). The court may extend the 14-day period to file a 30
written petition by an additional 14 calendar days if the petitioner 31
did not have actual notice of the seizure and the court finds, on the 32
record and in writing, that there are exceptional and compelling 33
circumstances justifying the extension. 34
(c)(i) Upon receipt of a petition pursuant to (b) of this 35
subsection, the court shall set a civil hearing on the petition. The 36
hearing shall be conducted within 30 calendar days after the filing 37
of the petition. 38
(ii) At the hearing requested by the owner, the rules of civil 39
procedure shall apply and the respondent shall have the burden of 40
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establishing probable cause to believe that the seized animal was 1
subjected to a violation of this chapter. The owner shall have an 2
opportunity to be heard before the court makes its final finding. If 3
the court finds that probable cause exists, the court shall order the 4
owner to post a bond as required by this subsection (5) within 72 5
hours of the hearing, and if the owner fails to do so, the seized 6
animal is deemed abandoned and the owner's interest in the animal is 7
forfeited to the custodial agency by operation of law. If the 8
respondent does not meet its burden of proof, the court may order the 9
animal returned to the owner at no cost to the owner, subject to 10
conditions set by the court. If the court orders the return of an 11
animal to the owner, the court may also order: 12
(A) Reasonable attorney fees for the owner; and13
(B) A full refund of the bond posted pursuant to this subsection 14
(5) by the owner for the care of the animal. 15
(d)(i) If a bond has been posted in accordance with this 16
subsection (5), subsequent court proceedings shall be given court 17
calendar priority so long as the animal remains in the custody of the 18
custodial agency and the custodial agency may draw from the bond the 19
actual reasonable costs incurred by the agency in providing minimum 20
care to the animal from the date of seizure to the date of final 21
disposition of the animal in the criminal action. 22
(ii) At the end of the time for which expenses are covered by the 23
bond, if the owner seeks to prevent disposition of the animal by the 24
custodial agency, the owner shall post a new bond with the court 25
within 72 hours following the prior bond's expiration. If an owner 26
fails to post or renew a bond as required under this subsection (5), 27
the animal is deemed abandoned and the owner's interest in the animal 28
is forfeited to the custodial agency by operation of law.29
(e) For the purposes of this subsection (5), "animal" includes 30
all unborn offspring of the seized animal and all offspring of the 31
seized animal born after the animal was seized. 32
(6) When an animal is seized from a person prohibited from 33
owning, caring for, possessing, or residing with animals under RCW 34
16.52.200 or an order issued pursuant to RCW 16.52.117, 16.52.205, or 35
16.52.207, the animal is immediately and permanently forfeited by 36
operation of law to the custodial agency and no court action is 37
necessary. 38
(7) If an animal is forfeited to a custodial agency according to 39
the provisions of this section, the agency to which the animal was 40
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forfeited may place the animal with a new owner; provided that the 1
agency may not place the animal with family members or friends of the 2
former owner or with anyone who lives in the same household as the 3
former owner. At the time of placement, the agency must provide the 4
new owner with notice that it may constitute a crime for the former 5
owner to own, care for, possess, or reside with the animal at any 6
time in the future. 7
(8) A custodial agency may authorize a veterinarian or veterinary 8
technician licensed in the state of Washington or a certified 9
euthanasia technician certified in the state of Washington to 10
euthanize a seized animal for humane reasons at any time if the 11
animal is severely injured, sick, diseased, or suffering.12
(9) Nothing in this chapter shall be construed to prevent the 13
voluntary, permanent relinquishment of any animal by its owner to a 14
law enforcement officer, animal control officer, or animal care and 15
control agency. Voluntary relinquishment has no effect on the 16
criminal charges that may be pursued by the appropriate authorities.17
(10) Nothing in this chapter requires court action for taking 18
custody of, caring for, and properly disposing of stray, feral, at-19
large, or abandoned animals, or wild animals not owned or kept as 20
pets or livestock, as lawfully performed by law enforcement agencies 21
or animal care and control agencies. 22
(11) Any authorized person caring for, treating, or attempting to 23
restore an animal to health under this chapter shall not be civilly 24
or criminally liable for such action. 25
(12) The provisions of this section are in addition to, and not 26
in lieu of, the provisions of RCW 16.52.200. 27
(13) A petition for a civil hearing for the immediate return of a 28
seized animal shall be in a form substantially similar to the 29
following: 30
31
32
33
34
"IN THE . . . . . COURT
OF THE STATE OF WASHINGTON IN AND FOR
THE COUNTY OF . . . . . .
35 . . . . . . . . . . . . . . . . . . . . . , No. . . . .
36 Petitioner,
37 vs. PETITION FOR
38 . . . . . . . . . . . . . . . . . . . . . , RETURN OF SEIZED
39 Respondent ANIMALS
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PARTIES/JURISDICTION 1
(a)(i) That Petitioner is, and at all relevant times herein was, 2
a resident of . . . . . (county of residence) County, Washington.3
(ii) That Respondent is, and at all relevant times herein was, an 4
agent, contractor, or political subdivision of the City/County 5
of . . . . . (city or county of seizing agency), State of Washington.6
(iii) That Petitioner's animal/animals were seized by Respondent 7
in . . . . . (county where animals were seized) County, Washington.8
(iv) That this Court has jurisdiction over the subject matter and 9
the parties hereto. 10
FACTS 11
(b)(i) That upon seizure of . . . . (number and type of animals) 12
such animals were placed in the care and custody of the Respondent 13
on . . . . (date of seizure). 14
(ii) That on or about . . . . (date on notice) the Respondent 15
issued a seizure, bond, and forfeiture notice under RCW 16.52.085, a 16
true and correct copy of said notice and accompanying attachments is 17
attached hereto and incorporated herein as Exhibit A (attach a copy 18
of the notice of seizure to this petition). 19
(iii) That pursuant to such notice, Petitioner herein files this 20
petition for the immediate return of all such seized animals pursuant 21
to RCW 16.52.085. 22
PRAYER 23
(c) Petitioner prays that this Court grant said petition and 24
order the immediate return of Petitioner's aforementioned animals to 25
Petitioner's care and custody. 26
27
DATED the . . . day of ........, .... 28
29
By: ................................... 30
Petitioner (Signature)31
Sec. 3. RCW 16.52.100 and 1994 c 261 s 10 are each amended to 32
read as follows: 33
(1) If any domestic animal is impounded or confined without 34
necessary food and water for more than ((thirty-six)) 24 consecutive 35
hours, any person may, from time to time, as is necessary, enter into 36
and open any pound or place of confinement in which any domestic 37
animal is confined, and supply it with necessary food and water so 38
long as it is confined. The person shall not be liable to action for 39
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the entry, and may collect from the animal's owner the reasonable 1
cost of the food and water. The animal shall be subject to attachment 2
for the costs and shall not be exempt from levy and sale upon 3
execution issued upon a judgment. 4
(2) An investigating officer may enter into and upon a property, 5
building, dwelling, or vehicle to provide a confined animal necessary 6
food and water prior to the animal being without necessary food or 7
water for 24 consecutive hours if the officer has probable cause to 8
believe the animal's health or life is in imminent danger. If an 9
investigating officer finds it extremely difficult to supply confined 10
animals with food and water, the officer may remove the animals to 11
protective custody for that purpose. 12
(3) Nothing in this section shall be construed as requiring an 13
investigating officer to wait for an animal to be confined or 14
impounded without necessary food or water for 24 consecutive hours 15
before making a determination that the animal has been abandoned.16
Sec. 4. RCW 16.52.117 and 2019 c 174 s 1 are each amended to 17
read as follows: 18
(1) A person commits the crime of animal fighting if the person 19
knowingly does any of the following ((or)), causes a minor to do any 20
of the following, or aids or abets any of the following:21
(a) Owns, possesses, keeps, breeds, trains, buys, sells, or 22
advertises or offers for sale any animal with the intent that the 23
animal shall be engaged in an exhibition of fighting with another 24
animal; 25
(b) Promotes, organizes, conducts, participates in, is a 26
spectator of, advertises, prepares, or performs any service in the 27
furtherance of, an exhibition of animal fighting, transports 28
spectators to an animal fight, or provides or serves as a stakeholder 29
for any money wagered on an animal fight; 30
(c) Keeps or uses any place for the purpose of animal fighting, 31
or manages or accepts payment of admission to any place kept or used 32
for the purpose of animal fighting; 33
(d) Suffers or permits any place over which the person has 34
possession or control to be occupied, kept, or used for the purpose 35
of an exhibition of animal fighting; 36
(e) Steals, takes, leads away, possesses, confines, sells, 37
transfers, or receives an animal with the intent of using the animal 38
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for animal fighting, or for training or baiting for the purpose of 1
animal fighting; or 2
(f) Owns, possesses, buys, sells, transfers, or manufactures 3
animal fighting paraphernalia for the purpose of engaging in, 4
promoting, or facilitating animal fighting, or for baiting a live 5
animal for the purpose of animal fighting. 6
(2)(a) Except as provided in (b) of this subsection, a person who 7
violates this section is guilty of a class C felony punishable under 8
RCW 9A.20.021; 9
(b) A person who intentionally mutilates an animal in furtherance 10
of an animal fighting offense as described in subsection (1) of this 11
section is guilty of a class B felony punishable under RCW 9A.20.021.12
(3) Nothing in this section prohibits the following:13
(a) The use of dogs in the management of livestock, as defined by 14
chapter 16.57 RCW, by the owner of the livestock or the owner's 15
employees or agents or other persons in lawful custody of the 16
livestock; 17
(b) The use of dogs in hunting as permitted by law; or18
(c) The training of animals or the use of equipment in the 19
training of animals for any purpose not prohibited by law.20
(4) For the purposes of this section, "animal fighting 21
paraphernalia" includes equipment, products, implements, or materials 22
of any kind that are used, intended for use, or designed for use in 23
the training, preparation, conditioning, or furtherance of animal 24
fighting, and includes, but is not limited to: Cat mills; fighting 25
pits; springpoles; unprescribed veterinary medicine; treatment 26
supplies; and gaffs, slashers, heels, and any other sharp implement 27
designed to be attached in place of the natural spur of a cock or 28
game fowl. 29
Sec. 5. RCW 16.52.200 and 2020 c 158 s 5 are each amended to 30
read as follows: 31
(1) The sentence imposed for a misdemeanor or gross misdemeanor 32
violation of this chapter may be deferred or suspended in accordance 33
with RCW 3.66.067 and 3.66.068, however the probationary period shall 34
be two years. 35
(2) In case of multiple misdemeanor or gross misdemeanor 36
convictions, the sentences shall be consecutive, however the 37
probationary period shall remain two years. 38
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(3) In addition to the penalties imposed by the court, the court 1
shall order the forfeiture of all animals held by law enforcement or 2
animal care and control authorities under the provisions of this 3
chapter if any one of the animals involved dies as a result of a 4
violation of this chapter or if the defendant has a prior conviction 5
under this chapter. In other cases the court may enter an order 6
requiring the owner to forfeit the animal if the court deems the 7
animal's treatment to have been severe and likely to reoccur.8
(4) Any person convicted of animal cruelty or animal fighting 9
shall be prohibited from owning, caring for, possessing, or residing 10
with any animals for a period of time as follows: 11
(a) Two years for a first conviction of animal cruelty in the 12
second degree under RCW 16.52.207; 13
(b) Permanently for a first conviction of animal cruelty in the 14
first degree under RCW 16.52.205 or for a first conviction of animal 15
fighting under RCW 16.52.117; 16
(c) Permanently for a second or subsequent conviction of animal 17
cruelty, except as provided in subsection (5) of this section.18
(5) If a person has no more than two convictions of animal 19
cruelty and each conviction is for animal cruelty in the second 20
degree, the person may petition the sentencing court in which the 21
most recent animal cruelty conviction occurred, for a restoration of 22
the right to own, care for, possess, or reside with animals five 23
years after the date of the second conviction. In determining whether 24
to grant the petition, the court shall consider, but not be limited 25
to, the following: 26
(a) The person's prior animal cruelty in the second degree 27
convictions; 28
(b) The type of harm or violence inflicted upon the animals;29
(c) Whether the person has completed the conditions imposed by 30
the court as a result of the underlying convictions;31
(d) Whether the person complied with the prohibition on owning, 32
caring for, possessing, or residing with animals; and33
(e) Any other matters the court finds reasonable and material to 34
consider in determining whether the person is likely to abuse another 35
animal. 36
The court may delay its decision on forfeiture under subsection 37
(3) of this section until the end of the probationary period.38
(6) In addition to fines and court costs, the defendant, only if 39
convicted or in agreement, shall be liable for reasonable costs 40
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incurred pursuant to this chapter by law enforcement agencies, animal 1
care and control agencies, or authorized private or public entities 2
involved with the care of the animals. Reasonable costs include 3
expenses of the investigation, and the animal's care, euthanization, 4
or adoption. 5
(7) If convicted, the defendant shall also pay a civil penalty of 6
((one thousand dollars )) $1,000 to the county to prevent cruelty to 7
animals. These funds shall be used to prosecute offenses under this 8
chapter and to care for forfeited animals pending trial.9
(8) If a person violates the prohibition on owning, caring for, 10
possessing, or residing with animals under subsection (4) of this 11
section, that person: 12
(a) ((Shall pay a civil penalty of one thousand dollars )) Is 13
guilty of a misdemeanor for the first violation; 14
(b) ((Shall pay a civil penalty of two thousand five hundred 15
dollars)) Is guilty of a gross misdemeanor for the second violation; 16
and 17
(c) Is guilty of a ((gross misdemeanor )) class C felony for the 18
third and each subsequent violation. 19
(9) As a condition of the sentence imposed under this chapter or 20
RCW 9.08.070 through 9.08.078, the court may also order the defendant 21
to participate in an available animal cruelty prevention or education 22
program or obtain available psychological counseling to treat mental 23
health problems contributing to the violation's commission. The 24
defendant shall bear the costs of the program or treatment.25
(10) Nothing in this section limits the authority of a law 26
enforcement officer, animal control officer, custodial agency, or 27
court to remove, adopt, euthanize, or require forfeiture of an animal 28
under RCW 16.52.085. 29
Sec. 6. RCW 16.52.207 and 2020 c 158 s 7 are each amended to 30
read as follows: 31
(1) A person is guilty of animal cruelty in the second degree if, 32
under circumstances not amounting to first degree animal cruelty:33
(a) The person knowingly, recklessly, or with criminal negligence 34
inflicts unnecessary suffering or pain upon an animal; ((or))35
(b) The person takes control, custody, or possession of an animal 36
that was involved in animal fighting as described in RCW 16.52.117 37
and knowingly, recklessly, or with criminal negligence abandons the 38
animal; or39
p. 14 SB 5376
(c) The person willfully instigates, engages in, or in any way 1
furthers any act of animal cruelty to any animal. 2
(2) ((An owner of an animal )) A person is guilty of animal 3
cruelty in the second degree if, under circumstances not amounting to 4
first degree animal cruelty, the ((owner)) person knowingly, 5
recklessly, or with criminal negligence: 6
(a) Fails to provide the animal with necessary food, water, 7
shelter, rest, sanitation, space, or medical attention and the animal 8
suffers unnecessary or unjustifiable physical pain as a result of the 9
failure; or 10
(b) Abandons the animal. 11
(3) Animal cruelty in the second degree is a gross misdemeanor.12
Sec. 7. RCW 9.94A.515 and 2024 c 301 s 29 and 2024 c 55 s 1 are 13
each reenacted and amended to read as follows: 14
15 TABLE 2
16
17
CRIMES INCLUDED WITHIN EACH
SERIOUSNESS LEVEL

18 XVI Aggravated Murder 1 (RCW 10.95.020)
19 XV Homicide by abuse (RCW 9A.32.055)
20
21
Malicious explosion 1 (RCW
70.74.280(1))

22 Murder 1 (RCW 9A.32.030)
23 XIV Murder 2 (RCW 9A.32.050)
24 Trafficking 1 (RCW 9A.40.100(1))
25
26
XIII Malicious explosion 2 (RCW
70.74.280(2))

27
28
Malicious placement of an explosive 1
(RCW 70.74.270(1))

29 XII Assault 1 (RCW 9A.36.011)
30 Assault of a Child 1 (RCW 9A.36.120)
31
32
Malicious placement of an imitation
device 1 (RCW 70.74.272(1)(a))

33
34
Promoting Commercial Sexual Abuse
of a Minor (RCW 9.68A.101)

35 Rape 1 (RCW 9A.44.040)
p. 15 SB 5376
1 Rape of a Child 1 (RCW 9A.44.073)
2 Trafficking 2 (RCW 9A.40.100(3))
3 XI Manslaughter 1 (RCW 9A.32.060)
4 Rape 2 (RCW 9A.44.050)
5 Rape of a Child 2 (RCW 9A.44.076)
6
7
8
Vehicular Homicide, by being under the
influence of intoxicating liquor or
any drug (RCW 46.61.520)

9
10
11
Vehicular Homicide, by the operation of
any vehicle in a reckless manner
(RCW 46.61.520)

12 X Child Molestation 1 (RCW 9A.44.083)
13
14
Criminal Mistreatment 1 (RCW
9A.42.020)

15
16
17
Indecent Liberties (with forcible
compulsion) (RCW
9A.44.100(1)(a))

18 Kidnapping 1 (RCW 9A.40.020)
19
20
Leading Organized Crime (RCW
9A.82.060(1)(a))

21
22
Malicious explosion 3 (RCW
70.74.280(3))

23
24
Sexually Violent Predator Escape (RCW
9A.76.115)

25
26
IX Abandonment of Dependent Person 1
(RCW 9A.42.060)

27 Assault of a Child 2 (RCW 9A.36.130)
28
29
Explosive devices prohibited (RCW
70.74.180)

30
31
Hit and Run—Death (RCW
46.52.020(4)(a))

32
33
34
Homicide by Watercraft, by being under
the influence of intoxicating liquor
or any drug (RCW 79A.60.050)

p. 16 SB 5376
1
2
Inciting Criminal Profiteering (RCW
9A.82.060(1)(b))

3
4
Malicious placement of an explosive 2
(RCW 70.74.270(2))

5 Robbery 1 (RCW 9A.56.200)
6 Sexual Exploitation (RCW 9.68A.040)
7 VIII Arson 1 (RCW 9A.48.020)
8
9
Commercial Sexual Abuse of a Minor
(RCW 9.68A.100)

10
11
12
Homicide by Watercraft, by the
operation of any vessel in a reckless
manner (RCW 79A.60.050)

13 Manslaughter 2 (RCW 9A.32.070)
14
15
Promoting Prostitution 1 (RCW
9A.88.070)

16 Theft of Ammonia (RCW 69.55.010)
17
18
19
VII Air bag diagnostic systems (causing
bodily injury or death) (RCW
46.37.660(2)(b))

20
21
22
Air bag replacement requirements
(causing bodily injury or death)
(RCW 46.37.660(1)(b))

23 Burglary 1 (RCW 9A.52.020)
24 Child Molestation 2 (RCW 9A.44.086)
25
26
Civil Disorder Training (RCW
9A.48.120)

27
28
Custodial Sexual Misconduct 1 (RCW
9A.44.160)

29
30
31
Dealing in depictions of minor engaged
in sexually explicit conduct 1
(RCW 9.68A.050(1))

32 Drive-by Shooting (RCW 9A.36.045)
33
34
False Reporting 1 (RCW
9A.84.040(2)(a))

p. 17 SB 5376
1
2
3
Homicide by Watercraft, by disregard
for the safety of others (RCW
79A.60.050)

4
5
6
Indecent Liberties (without forcible
compulsion) (RCW 9A.44.100(1)
(b) and (c))

7
8
Introducing Contraband 1 (RCW
9A.76.140)

9
10
Malicious placement of an explosive 3
(RCW 70.74.270(3))

11
12
13
14
15
Manufacture or import counterfeit,
nonfunctional, damaged, or
previously deployed air bag
(causing bodily injury or death)
(RCW 46.37.650(1)(b))

16
17
18
Negligently Causing Death By Use of a
Signal Preemption Device (RCW
46.37.675)

19
20
21
22
Sell, install, or reinstall counterfeit,
nonfunctional, damaged, or
previously deployed airbag (RCW
46.37.650(2)(b))

23
24
25
26
Sending, bringing into state depictions
of minor engaged in sexually
explicit conduct 1 (RCW
9.68A.060(1))

27
28
Unlawful Possession of a Firearm in the
first degree (RCW 9.41.040(1))

29
30
31
Use of a Machine Gun or Bump-fire
Stock in Commission of a Felony
(RCW 9.41.225)

32
33
34
Vehicular Homicide, by disregard for
the safety of others (RCW
46.61.520)

35
36
VI Bail Jumping with Murder 1 (RCW
9A.76.170(3)(a))

37 Bribery (RCW 9A.68.010)
p. 18 SB 5376
1 Incest 1 (RCW 9A.64.020(1))
2 Intimidating a Judge (RCW 9A.72.160)
3
4
Intimidating a Juror/Witness (RCW
9A.72.110, 9A.72.130)

5
6
Malicious placement of an imitation
device 2 (RCW 70.74.272(1)(b))

7
8
9
Possession of Depictions of a Minor
Engaged in Sexually Explicit
Conduct 1 (RCW 9.68A.070(1))

10 Rape of a Child 3 (RCW 9A.44.079)
11 Theft of a Firearm (RCW 9A.56.300)
12
13
Theft from a Vulnerable Adult 1 (RCW
9A.56.400(1))

14
15
Unlawful Storage of Ammonia (RCW
69.55.020)

16
17
V Abandonment of Dependent Person 2
(RCW 9A.42.070)

18
19
20
Advancing money or property for
extortionate extension of credit
(RCW 9A.82.030)

21
22
Air bag diagnostic systems (RCW
46.37.660(2)(c))

23
24
Air bag replacement requirements
(RCW 46.37.660(1)(c))

25
26
Bail Jumping with class A Felony
(RCW 9A.76.170(3)(b))

27 Child Molestation 3 (RCW 9A.44.089)
28
29
Criminal Mistreatment 2 (RCW
9A.42.030)

30
31
Custodial Sexual Misconduct 2 (RCW
9A.44.170)

32
33
34
Dealing in Depictions of Minor
Engaged in Sexually Explicit
Conduct 2 (RCW 9.68A.050(2))

p. 19 SB 5376
1
2
3
4
Domestic Violence Court Order
Violation (RCW 7.105.450,
10.99.040, 10.99.050, 26.09.300,
26.26B.050, or 26.52.070)

5 Extortion 1 (RCW 9A.56.120)
6
7
Extortionate Extension of Credit (RCW
9A.82.020)

8
9
10
Extortionate Means to Collect
Extensions of Credit (RCW
9A.82.040)

11 Incest 2 (RCW 9A.64.020(2))
12 Kidnapping 2 (RCW 9A.40.030)
13
14
15
16
Manufacture or import counterfeit,
nonfunctional, damaged, or
previously deployed air bag (RCW
46.37.650(1)(c))

17 Perjury 1 (RCW 9A.72.020)
18
19
Persistent prison misbehavior (RCW
9.94.070)

20
21
Possession of a Stolen Firearm (RCW
9A.56.310)

22 Rape 3 (RCW 9A.44.060)
23
24
Rendering Criminal Assistance 1 (RCW
9A.76.070)

25
26
27
28
Sell, install, or reinstall counterfeit,
nonfunctional, damaged, or
previously deployed airbag (RCW
46.37.650(2)(c))

29
30
31
32
Sending, Bringing into State Depictions
of Minor Engaged in Sexually
Explicit Conduct 2 (RCW
9.68A.060(2))

33
34
Sexual Misconduct with a Minor 1
(RCW 9A.44.093)

35
36
Sexually Violating Human Remains
(RCW 9A.44.105)

p. 20 SB 5376
1 Stalking (RCW 9A.46.110)
2
3
Taking Motor Vehicle Without
Permission 1 (RCW 9A.56.070)

4
5
IV Animal Fighting (with intentional
mutilation) (RCW 16.52.117(2)(b))

6 Arson 2 (RCW 9A.48.030)
7 Assault 2 (RCW 9A.36.021)
8
9
10
Assault 3 (of a Peace Officer with a
Projectile Stun Gun) (RCW
9A.36.031(1)(h))

11
12
Assault 4 (third domestic violence
offense) (RCW 9A.36.041(3))

13
14
Assault by Watercraft (RCW
79A.60.060)

15
16
17
Bribing a Witness/Bribe Received by
Witness (RCW 9A.72.090,
9A.72.100)

18 Cheating 1 (RCW 9.46.1961)
19 Commercial Bribery (RCW 9A.68.060)
20 Counterfeiting (RCW 9.16.035(4))
21
22
Driving While Under the Influence
(RCW 46.61.502(6))

23
24
Endangerment with a Controlled
Substance (RCW 9A.42.100)

25 Escape 1 (RCW 9A.76.110)
26 Hate Crime (RCW 9A.36.080)
27
28
Hit and Run—Injury (RCW
46.52.020(4)(b))

29
30
Hit and Run with Vessel—Injury
Accident (RCW 79A.60.200(3))

31 Identity Theft 1 (RCW 9.35.020(2))
32
33
34
Indecent Exposure to Person Under Age
14 (subsequent sex offense) (RCW
9A.88.010)

p. 21 SB 5376
1
2
Influencing Outcome of Sporting Event
(RCW 9A.82.070)

3
4
5
Physical Control of a Vehicle While
Under the Influence (RCW
46.61.504(6))

6
7
8
Possession of Depictions of a Minor
Engaged in Sexually Explicit
Conduct 2 (RCW 9.68A.070(2))

9 Residential Burglary (RCW 9A.52.025)
10 Robbery 2 (RCW 9A.56.210)
11 Theft of Livestock 1 (RCW 9A.56.080)
12 Threats to Bomb (RCW 9.61.160)
13
14
Trafficking in Catalytic Converters 1
(RCW 9A.82.190)

15
16
Trafficking in Stolen Property 1 (RCW
9A.82.050)

17
18
19
Unlawful factoring of a credit card or
payment card transaction (RCW
9A.56.290(4)(b))

20
21
22
Unlawful transaction of health coverage
as a health care service contractor
(RCW 48.44.016(3))

23
24
25
Unlawful transaction of health coverage
as a health maintenance
organization (RCW 48.46.033(3))

26
27
Unlawful transaction of insurance
business (RCW 48.15.023(3))

28
29
Unlicensed practice as an insurance
professional (RCW 48.17.063(2))

30
31
32
Use of Proceeds of Criminal
Profiteering (RCW 9A.82.080 (1)
and (2))

33
34
Vehicle Prowling 2 (third or subsequent
offense) (RCW 9A.52.100(3))

p. 22 SB 5376
1
2
3
4
5
Vehicular Assault, by being under the
influence of intoxicating liquor or
any drug, or by the operation or
driving of a vehicle in a reckless
manner (RCW 46.61.522)

6
7
8
Viewing of Depictions of a Minor
Engaged in Sexually Explicit
Conduct 1 (RCW 9.68A.075(1))

9 III Animal Cruelty 1 (RCW 16.52.205)
10
11
Animal Fighting (without intentional
mutilation) (RCW 16.52.117(2)(a))

12
13
14
15
Assault 3 (Except Assault 3 of a Peace
Officer With a Projectile Stun Gun)
(RCW 9A.36.031 except subsection
(1)(h))

16 Assault of a Child 3 (RCW 9A.36.140)
17
18
Bail Jumping with class B or C Felony
(RCW 9A.76.170(3)(c))

19 Burglary 2 (RCW 9A.52.030)
20
21
22
Communication with a Minor for
Immoral Purposes (RCW
9.68A.090)

23
24
Criminal Gang Intimidation (RCW
9A.46.120)

25 Custodial Assault (RCW 9A.36.100)
26
27
Cyber Harassment (RCW
9A.90.120(2)(b))

28 Escape 2 (RCW 9A.76.120)
29 Extortion 2 (RCW 9A.56.130)
30
31
False Reporting 2 (RCW
9A.84.040(2)(b))

32 Harassment (RCW 9A.46.020)
33 Hazing (RCW 28B.10.901(2)(b))
34
35
Intimidating a Public Servant (RCW
9A.76.180)

p. 23 SB 5376
1
2
Introducing Contraband 2 (RCW
9A.76.150)

3
4
Malicious Injury to Railroad Property
(RCW 81.60.070)

5
6
Manufacture of Untraceable Firearm
with Intent to Sell (RCW 9.41.190)

7
8
9
10
Manufacture or Assembly of an
Undetectable Firearm or
Untraceable Firearm (RCW
9.41.325)

11 Mortgage Fraud (RCW 19.144.080)
12
13
14
15
Negligently Causing Substantial Bodily
Harm By Use of a Signal
Preemption Device (RCW
46.37.674)

16
17
Organized Retail Theft 1 (RCW
9A.56.350(2))

18 Perjury 2 (RCW 9A.72.030)
19
20
Possession of Incendiary Device (RCW
9.40.120)

21
22
23
24
Possession of Machine Gun, Bump-Fire
Stock, Undetectable Firearm, or
Short-Barreled Shotgun or Rifle
(RCW 9.41.190)

25
26
Promoting Prostitution 2 (RCW
9A.88.080)

27
28
Retail Theft with Special Circumstances
1 (RCW 9A.56.360(2))

29
30
Securities Act violation (RCW
21.20.400)

31
32
Tampering with a Witness (RCW
9A.72.120)

33
34
35
Telephone Harassment (subsequent
conviction or threat of death)
(RCW 9.61.230(2))

36 Theft of Livestock 2 (RCW 9A.56.083)
p. 24 SB 5376
1
2
Theft with the Intent to Resell 1 (RCW
9A.56.340(2))

3
4
Trafficking in Catalytic Converters 2
(RCW 9A.82.200)

5
6
Trafficking in Stolen Property 2 (RCW
9A.82.055)

7
8
Unlawful Hunting of Big Game 1
(RCW 77.15.410(3)(b))

9
10
Unlawful Imprisonment (RCW
9A.40.040)

11
12
Unlawful Misbranding of Fish or
Shellfish 1 (RCW 77.140.060(3))

13
14
Unlawful possession of firearm in the
second degree (RCW 9.41.040(2))

15
16
Unlawful Taking of Endangered Fish or
Wildlife 1 (RCW 77.15.120(3)(b))

17
18
19
Unlawful Trafficking in Fish, Shellfish,
or Wildlife 1 (RCW
77.15.260(3)(b))

20
21
Unlawful Use of a Nondesignated
Vessel (RCW 77.15.530(4))

22
23
24
25
Vehicular Assault, by the operation or
driving of a vehicle with disregard
for the safety of others (RCW
46.61.522)

26
27
II Commercial Fishing Without a License
1 (RCW 77.15.500(3)(b))

28 Computer Trespass 1 (RCW 9A.90.040)
29 Counterfeiting (RCW 9.16.035(3))
30
31
Electronic Data Service Interference
(RCW 9A.90.060)

32
33
Electronic Data Tampering 1 (RCW
9A.90.080)

34
35
Electronic Data Theft (RCW
9A.90.100)

p. 25 SB 5376
1
2
Engaging in Fish Dealing Activity
Unlicensed 1 (RCW 77.15.620(3))

3
4
Escape from Community Custody
(RCW 72.09.310)

5
6
7
8
Failure to Register as a Sex Offender
(second or subsequent offense)
(RCW 9A.44.130 prior to June 10,
2010, and RCW 9A.44.132)

9
10
Health Care False Claims (RCW
48.80.030)

11 Identity Theft 2 (RCW 9.35.020(3))
12
13
Improperly Obtaining Financial
Information (RCW 9.35.010)

14 Malicious Mischief 1 (RCW 9A.48.070)
15
16
Organized Retail Theft 2 (RCW
9A.56.350(3))

17
18
Possession of Stolen Property 1 (RCW
9A.56.150)

19
20
Possession of a Stolen Vehicle (RCW
9A.56.068)

21
22
23
Possession, sale, or offering for sale of
seven or more unmarked catalytic
converters (RCW 9A.82.180(5))

24
25
Retail Theft with Special Circumstances
2 (RCW 9A.56.360(3))

26
27
28
29
Scrap Processing, Recycling, or
Supplying Without a License
(second or subsequent offense)
(RCW 19.290.100)

30 Theft 1 (RCW 9A.56.030)
31
32
Theft of a Motor Vehicle (RCW
9A.56.065)

33
34
35
36
Theft of Rental, Leased, Lease-
purchased, or Loaned Property
(valued at $5,000 or more) (RCW
9A.56.096(5)(a))

p. 26 SB 5376
1
2
Theft with the Intent to Resell 2 (RCW
9A.56.340(3))

3
4
Trafficking in Insurance Claims (RCW
48.30A.015)

5
6
7
Unlawful factoring of a credit card or
payment card transaction (RCW
9A.56.290(4)(a))

8
9
10
Unlawful Participation of Non-Indians
in Indian Fishery (RCW
77.15.570(2))

11
12
Unlawful Practice of Law (RCW
2.48.180)

13
14
Unlawful Purchase or Use of a License
(RCW 77.15.650(3)(b))

15
16
17
Unlawful Trafficking in Fish, Shellfish,
or Wildlife 2 (RCW
77.15.260(3)(a))

18
19
Unlicensed Practice of a Profession or
Business (RCW 18.130.190(7))

20 V oyeurism 1 (RCW 9A.44.115)
21
22
I Attempting to Elude a Pursuing Police
Vehicle (RCW 46.61.024)

23
24
False Verification for Welfare (RCW
74.08.055)

25 Forgery (RCW 9A.60.020)
26
27
28
Fraudulent Creation or Revocation of a
Mental Health Advance Directive
(RCW 9A.60.060)

29 Malicious Mischief 2 (RCW 9A.48.080)
30 Mineral Trespass (RCW 78.44.330)
31
32
Possession of Stolen Property 2 (RCW
9A.56.160)

33 Reckless Burning 1 (RCW 9A.48.040)
34
35
Spotlighting Big Game 1 (RCW
77.15.450(3)(b))

p. 27 SB 5376
1
2
Suspension of Department Privileges 1
(RCW 77.15.670(3)(b))

3
4
Taking Motor Vehicle Without
Permission 2 (RCW 9A.56.075)

5 Theft 2 (RCW 9A.56.040)
6
7
Theft from a Vulnerable Adult 2 (RCW
9A.56.400(2))

8
9
10
11
12
Theft of Rental, Leased, Lease-
purchased, or Loaned Property
(valued at $750 or more but less
than $5,000) (RCW
9A.56.096(5)(b))

13
14
15
Transaction of insurance business
beyond the scope of licensure
(RCW 48.17.063)

16
17
Unlawful Fish and Shellfish Catch
Accounting (RCW 77.15.630(3)(b))

18
19
Unlawful Issuance of Checks or Drafts
(RCW 9A.56.060)

20
21
Unlawful Possession of Fictitious
Identification (RCW 9A.56.320)

22
23
Unlawful Possession of Instruments of
Financial Fraud (RCW 9A.56.320)

24
25
Unlawful Possession of Payment
Instruments (RCW 9A.56.320)

26
27
28
Unlawful Possession of a Personal
Identification Device (RCW
9A.56.320)

29
30
Unlawful Production of Payment
Instruments (RCW 9A.56.320)

31
32
33
34
Unlawful Releasing, Planting,
Possessing, or Placing Deleterious
Exotic Wildlife (RCW
77.15.250(2)(b))

35
36
Unlawful Trafficking in Food Stamps
(RCW 9.91.142)

p. 28 SB 5376
1
2
Unlawful Use of Food Stamps (RCW
9.91.144)

3
4
Unlawful Use of Net to Take Fish 1
(RCW 77.15.580(3)(b))

5 Vehicle Prowl 1 (RCW 9A.52.095)
6
7
Violating Commercial Fishing Area or
Time 1 (RCW 77.15.550(3)(b))

--- END ---
p. 29 SB 5376