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2018 SESSION

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18104252D
HOUSE BILL NO. 739 Offered January 10, 2018 Prefiled January 9, 2018 A BILL to amend and reenact § 18.2-144.1 of the Code of Virginia, relating to killing of police animals; penalty. ---------- Patron-- McGuire ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-144.1 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-144.1. Prohibition against killing or injuring police animals; penalty.

A. It shall be is unlawful for any person to maliciously shoot, stab, wound or otherwise cause bodily injury to, or administer poison to or expose poison with intent that it be taken by a dog, horse, or other animal owned, used, or trained by a law-enforcement agency, regional jail or, the Department of Corrections, or the Department of Emergency Management while such animal is performing his lawful duties or is being kept in a kennel, pen, or stable while off duty. A violation of this section shall be subsection is punishable as a Class 5 felony.

B. Any owner or custodian of a canine, canine crossbreed, or other animal whose willful act or omission in the care, control, or containment of a canine, canine crossbreed, or other animal is so gross, wanton, and culpable as to show a reckless disregard for the safety of persons or property and is the proximate cause of such canine, canine crossbreed, or other animal attacking a dog, horse, or other animal owned, used, or trained by a law-enforcement agency, regional jail, the Department of Corrections, or the Department of Emergency Management while such animal is performing his lawful duties or is being kept in a kennel, pen, or stable while off duty where such attack results in the death of such dog, horse, or other animal is guilty of a Class 5 felony.

C. The court shall order that the defendant pay restitution for the cost of any animal killed or rendered unable to perform its duties. Such cost shall include training expenses.

2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 836 of the Acts of Assembly of 2017 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.