(1)(a) Any person who has received notice that his or her
behavior is interfering with the use of a dog guide or service
animal who continues with reckless disregard to interfere with
the use of a dog guide or service animal by obstructing,
intimidating, or otherwise jeopardizing the safety of the dog
guide or service animal user or his or her dog guide or service
animal is guilty of a misdemeanor, except as provided in (b) of
this subsection.
(b) A second or subsequent violation of this subsection is a
gross misdemeanor.
(2)(a) Any person who, with reckless disregard, allows his
or her dog to interfere with the use of a dog guide or service
animal by obstructing, intimidating, or otherwise jeopardizing
the safety of the dog guide or service animal user or his or her
dog guide or service animal is guilty of a misdemeanor, except as
provided in (b) of this subsection.
(b) A second or subsequent violation of this subsection is a
gross misdemeanor.
(3) Any person who, with reckless disregard, injures,
disables, or causes the death of a dog guide or service animal is
guilty of a gross misdemeanor.
(4) Any person who, with reckless disregard, allows his or
her dog to injure, disable, or cause the death of a dog guide or
service animal is guilty of a gross misdemeanor.
(5) Any person who intentionally injures, disables, or
causes the death of a dog guide or service animal is guilty of a
class C felony punishable according to chapter 9A.20 RCW.
(6) Any person who wrongfully obtains or exerts unauthorized
control over a dog guide or service animal with the intent to
deprive the dog guide or service animal user of his or her dog
guide or service animal is guilty of theft in the first degree,
RCW 9A.56.030.
(7)(a) In any case in which the defendant is convicted of a
violation of this section, he or she shall also be ordered to
make full restitution for all damages, including incidental and
consequential expenses incurred by the dog guide or service
animal user and the dog guide or service animal which arise out
of or are related to the criminal offense.
(b) Restitution for a conviction under this section shall
include, but is not limited to:
(i) The value of the replacement of an incapacitated or
deceased dog guide or service animal, the training of a
replacement dog guide or service animal, or retraining of the
affected dog guide or service animal and all related veterinary
and care expenses; and
(ii) Medical expenses of the dog guide or service animal
user, training of the dog guide or service animal user, and
compensation for wages or earned income lost by the dog guide or
service animal user.
(8) Nothing in this section shall affect any civil remedies
available for violation of this section.
(9) For purposes of this section, the following definitions
apply:
(a) "Dog guide" means a dog that is trained for the purpose
of guiding blind persons or a dog trained for the purpose of
assisting hearing impaired persons.
(b) "Service animal" means an animal that is trained for the
purposes of assisting or accommodating a disabled person's sensory, mental, or physical disability.
(c) "Notice" means a verbal or otherwise communicated
warning prescribing the behavior of another person and a request
that the person stop their behavior.
(d) "Value" means the value to the dog guide or service
animal user and does not refer to cost or fair market value.
[2003 c 53 § 52; 2001 c 112 § 2.]
NOTES:
Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.
Short title -- 2001 c 112: "This act may be known and cited as Layla's Law." [2001 c 112 § 1.]