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Post by schwung on Mar 5, 2010 22:49:40 GMT -5
King 5 was here tonight and I did an interview and they taped some footage of Delilah and Scarlett, and will be talking about the Enumclaw case that has finally hit the news now that charges have been filed against the woman who neglected and starved them along with so many other animals.
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Post by schwung on Mar 6, 2010 2:14:30 GMT -5
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Post by schwung on Mar 6, 2010 11:45:46 GMT -5
KIRO also called me at 9pm last night and wanted to come out, so they did a story also that was aired at 11pm. They haven't posted the video to their website though, just the story.
I noticed on the Seattle Times article that a poster named "sol hyde" posted the following:
"If the prosecutor is diligent about this, there is a new penalty that will be applied. Last year, the legislature enacted a new law on animal cruelty that means she will never farm again, if convicted. A conviction of first degree animal cruelty is now a LIFETIME ban on owning the same genus of animal. Do a bad thing to a horse, no more horse ownership. Do a bad thing to a goat, no more goat ownership. Do a bad thing to a cow, no more cow ownership. If she did these things, she's headed to working at a fast food joint and not as a farmer. As it should be."
I'd like to know if this is true or not, because it is news to me. Has anyone heard anything about this? Is this just a county-specific ban or is it statewide? If its true, I wish it was in place two years ago because I would not be surprised at all if Elledge doesn't just start all over again in a county that she doesn't have a 5-year ban in. Although, her ban is NOT species-specific and quite honestly I don't support a species-specific ban because I think anyone capable of letting horses starve to death in a pasture is completely capable of letting any other animal starve to death as well. I don't think a person with a felony conviction should be able to own a single living thing....not even sea monkeys.
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Post by qhbuddy on Mar 6, 2010 13:00:27 GMT -5
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Post by schwung on Mar 6, 2010 13:34:12 GMT -5
Thanks qhbuddy! For anyone that can't read the above link:
S-1209.1 _____________________________________________ SENATE BILL 5790 _____________________________________________ State of Washington 61st Legislature 2009 Regular Session By Senators Carrell, Holmquist, Benton, Marr, Oemig, Stevens, Brandland, Honeyford, Hatfield, Roach, Kohl-Welles, Shin, Tom, and McDermott Read first time 02/02/09. Referred to Committee on Judiciary. 1 AN ACT Relating to animal cruelty; and amending RCW 16.52.200. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 3 Sec. 1. RCW 16.52.200 and 2003 c 53 s 113 are each amended to read 4 as follows: 5 (1) The sentence imposed for a misdemeanor or gross misdemeanor 6 violation of this chapter may be deferred or suspended in accordance 7 with RCW 3.66.067 and 3.66.068, however the probationary period shall 8 be two years. 9 (2) In case of multiple misdemeanor or gross misdemeanor 10 convictions, the sentences shall be consecutive, however the 11 probationary period shall remain two years. 12 (3) In addition to the penalties imposed by the court, the court 13 shall order the forfeiture of all animals held by law enforcement or 14 animal care and control authorities under the provisions of this 15 chapter if any one of the animals involved dies as a result of a 16 violation of this chapter or if the defendant has a prior conviction 17 under this chapter. In other cases the court may enter an order 18 requiring the owner to forfeit the animal if the court deems the 19 animal's treatment to have been severe and likely to reoccur. If p. 1 SB 5790 1 forfeiture is ordered, the owner shall be prohibited from owning or 2 caring for any similar animals for a period of ((two years)) time as 3 follows: 4 (a) For an owner who has been convicted of animal cruelty in the 5 second degree under RCW 16.52.207, a period of two years; 6 (b) For an owner who has been convicted of animal cruelty in the 7 first degree under RCW 16.52.205, a period of five years; 8 (c) For an owner who has previously been convicted of animal 9 cruelty in the first degree under RCW 16.52.205 or animal cruelty in 10 the second degree under RCW 16.52.207, the prohibition from owning or 11 caring for any similar animals shall be permanent. The court may delay 12 its decision on forfeiture under this subsection until the end of the 13 probationary period. 14 (4) In addition to fines and court costs, the defendant, only if 15 convicted or in agreement, shall be liable for reasonable costs 16 incurred pursuant to this chapter by law enforcement agencies, animal 17 care and control agencies, or authorized private or public entities 18 involved with the care of the animals. Reasonable costs include 19 expenses of the investigation, and the animal's care, euthanization, or 20 adoption. 21 (5) If convicted, the defendant shall also pay a civil penalty of 22 one thousand dollars to the county to prevent cruelty to animals. 23 These funds shall be used to prosecute offenses under this chapter and 24 to care for forfeited animals pending trial. 25 (6) As a condition of the sentence imposed under this chapter or 26 RCW 9.08.070 through 9.08.078, the court may also order the defendant 27 to participate in an available animal cruelty prevention or education 28 program or obtain available psychological counseling to treat mental 29 health problems contributing to the violation's commission. The 30 defendant shall bear the costs of the program or treatment.
So it seems the poster was incorrect, she would be ineligible for permanent ban due to the fact that this is a first offense. Or the poster was referring to a different amendment because there is nothing in the above about it being species-specific but perhaps that is what is meant by "similar" animals. I'm not actually sure how the above amendment differs from before because Jean Elledge got a 5 year ban (in King County).
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