State law will aid in future animal cruelty investigations

A recent law will make it easier for law enforcement officers to respond to animal cruelty cases.

A recently enacted state law will make it easier for law enforcement officers on Whidbey Island and all over Washington to respond to animal cruelty cases.

The law, HB 1234, is an overhaul of statute 16.52.085 of the Revised Code of Washington, which lays forth the processes and procedures related to the seizure and forfeiture of animals in abuse or neglect cases.

Kirsten Gregory, the general counsel and in-house animal law expert for animal rescue organization Pasado’s Safe Haven and the primary drafter of HB 1234, gave a presentation on the new law at WAIF animal shelter in Coupeville Oct. 5.

Gregory said that the new law made important clarifications to RCW 16.52.085, which was “incredibly ambiguous, very poorly organized and had lots of gaps” prior to the bill going into effect in July.

The law added a statement of legislative intent to the code, defined the standards for minimum care that organizations or individuals caring for seized animals must meet and clarified the conditions and processes relating to pre- and post-trial ban orders, as well as post-conviction bans on owning animals.

The new code also clarified the standards for entering private property and seizing animals without a warrant and provided clear standards for owner notification and the process by which an owner can petition for the return of his or her animal.

HB 1234 clarified language in the cost of care bond provision, which requires animal owners to pay for the care of their seized animals while awaiting trial in an animal cruelty or neglect case. This clarification is especially important, according to Kim Koon, Pasado’s director of animal cruelty investigation and rescue, because caring for seized animals for a long period of time during animal cruelty investigations can have a severe negative financial impact for the shelters or humane societies which perform that service.

The new code also clarified the procedures around the fostering of seized animals and euthanasia of seized animals.

“We’re hopeful that this greatly clarifies things for everybody (and) improves the situation for law enforcement officers, for humane societies, for rescue organizations that are serving these animals,” Gregory said.

Island County Sheriff Rick Felici said HB 1234 will make it much easier for Island County law enforcement officers, including the new animal control officer for the county, to enforce animal cruelty laws and efficiently investigate and prosecute these cases.

Felici said that the Island County Sheriff’s Office has learned a lot about how to handle animal cruelty cases over the last year; on Christmas Eve 2022, deputies responded to reports of two dead horses on the property of North Whidbey resident Kristi Finch. Over the next several days, tens of emaciated cats, dogs, horses and other animals were seized from the property.

“One day in December, I found out I don’t know anything about animal crimes,” Felici said at the Oct. 5 presentation. “We were caught flat-footed.”

WAIF housed many of the seized animals, which put the shelter under serious financial strain. Pasado’s Safe Haven was also a partner in the rescue.

Felici said the department has worked to build up its animal control program and HB 1234 will be an important tool for officers moving forward.