West Virginia HB 5044: Relating to cruelty to animals

Bill Text

WEST virginia legislature

2024 regular session

Introduced

House Bill Number

By Delegate Williams

Introduced January 23, 2024; Referred to the Committee on the Judiciary]

A BILL to amend and reenact §61-8-19 of the Code of West Virginia, 1931, as amended, relating to cruelty to animals; defining food, water, shelter, and treatment; providing specifics for tethering an animal; providing for seizure of an animal for violations; increasing criminal penalties; and providing that a person in violation of this statute for a second time shall be added to a state-wide, publicly available, do not adopt or sell, registry.

Be it enacted by the Legislature of West Virginia:

ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY, AND DECENCY.

§61-8-19. Cruelty to animals; penalties; exclusions.

(a)(1) It is unlawful for any person to intentionally, knowingly, or recklessly:

(A) Mistreat an animal in a cruel manner;

(B) Abandon an animal;

(C) Withhold;

(i) Proper sustenance, including food or water.  "Food" as used in this section means being of sufficient quantity and quality to allow for normal growth or the maintenance of body weight. Animal food shall meet or exceed National Research Council Standards and American Association of Feed Company Officials, Inc., (AAFCO) processing standards. Animals shall be provided wholesome food suitable for the species at a frequency and amount appropriate for the species and age. Animals over the age of 20 weeks shall be offered food at least once every 12 hours.  Animals under the age of 20 weeks shall be offered food at least once every eight hours. 

"Water" as used in this section means being clean, fresh, potable, and in a liquid state. Animals shall be provided access to water at least once every four hours in an amount appropriate for the species and age. Snow and ice are not acceptable water sources;

(ii) Shelter that protects from the elements of weather; or for a tethered animal or an animal roaming free: Shelter shall consist of a four-sided structure, with a roof and one opening only wide enough for the animal to enter into the structure unimpeded, and it shall be a suitable size to accommodate the animal in both standing and lying positions; It shall be moisture-proof, windproof, ventilated, and in cold temperatures, it shall promote the retention of body heat; It shall be made of solid, durable material with a solid, moisture-proof floor raised at least two inches from the ground;

It shall have a sufficient quantity of suitable clean bedding material consisting of hay, straw, cedar shavings, or the equivalent to provide insulation and protection against cold and dampness. Blankets that can retain moisture and freeze are not an acceptable bedding. The structure and the surrounding area shall be free from excessive waste, dirt, and trash.  Each animal tethered or roaming free shall have their own individual shelter. For an animal in a confinement area (including, but not limited to, outdoor pens or any other area used to house an animal: There shall be at least 100 square feet of floor space in such area for each animal over four months of age kept in the area.  The same requirements for shelter apply for tethered or roaming free animals.  Examples of inadequate shelters include, but are not limited to, lean-tos, metal drums, plastic drums, cardboard or other disposable boxes, vehicles, or the area on or beneath exposed porches or exposed decks;

(iii) Exercise appropriate for the species and age;

(iii) (iv) Medical treatment Veterinary care by a licensed doctor of veterinary medicine, established and maintained for rabies and disease control prevention as well as for treatment necessary to sustain normal health and fitness or to end the suffering of any animal.  In addition, an effective program established and maintained for the control of insects, ectoparasites, rodents, and other pests; 

(D) Abandon an animal to die;

(E) Leave an animal unattended and confined in a motor vehicle when physical injury to or death of the animal is likely to result;

(F) Ride an animal when it is physically unfit;

(G) Bait or harass an animal for the purpose of making it perform for a persons amusement;

(H) Cruelly chain or tether an animal: or

(i) The animal shall be properly fitted with and wearing a nonchoke harness or collar made of leather, nylon, or similar material. Collars such as, but not limited to, choke, prong, martingale, and greyhound shall not be used;

(ii) The tether shall be attached to the animal’s harness or collar by means of a swivel anchor, swivel latch, or other mechanism designed to prevent the animal from becoming entangled, and not directly to the animal's neck; 

(iii) The tether shall be three times the length of the animal, as measured from the tip of its nose to the base of its tail or 10 feet, whichever is longer, free from tangles, and weigh no more than 1/8 of the animal's weight;

(iv) The animal shall be tethered so as to prevent injury, str