HB 5419
Providing protection for search and rescue group dogs
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill amends West Virginia law to provide legal protections for search and rescue group dogs, specifically canine units and those participating in community search and rescue programs. It classifies these dogs as "law enforcement officers" for the purposes of criminal law, extending the same protections and force levels available to human law enforcement officers. This includes recognizing the animals’ role in assisting law enforcement in search and rescue operations, particularly when working with officers or rescue teams.
Key provisions
- Classifies police canine units and community search and rescue group dogs as "law enforcement officers" for legal purposes.
- Extends the level of force that can be used to protect these dogs while they are working, mirroring the protections afforded to human law enforcement officers.
- Defines ‘law enforcement officer’ to include animals trained for law enforcement or search and rescue operations under the West Virginia Emergency Management Search and Rescue Program.
- Applies penalties for crimes against these animals as if the crime were committed against a human law enforcement officer.
- Clarifies that these dogs are not state employees and cannot receive the same administrative protections as state employees.
- Addresses malicious assault, unlawful assault, battery, and assault charges involving these animals.
- Specifies that these animals are included in the definition of ‘government representative’ for the purposes of crimes against those officials.
- Establishes a penalty for crimes committed against an animal acting in its capacity as a law enforcement officer or with a community search and rescue group.
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