This bill proposes the addition of a new section, designated 61-3-27a, to the Code of West Virginia, which establishes the offense of assault upon a service animal and outlines associated penalties. Under this new section, it is prohibited for any person to knowingly cause or attempt to cause physical harm to a service animal under specific circumstances, such as when the animal is assisting a person with disabilities or when the offender is aware that the animal is a service animal. Additionally, the bill prohibits reckless actions such as taunting, tormenting, or obstructing a service animal, as well as interfering with the person being assisted by the animal.

Violations of this new section would be classified as misdemeanors, with penalties including confinement in jail for up to one year, fines of up to $500, or both. Furthermore, offenders would be responsible for covering any veterinary bills, costs for damaged equipment, and expenses related to the training or replacement of the service animal if it suffers harm or death due to the violation. The bill emphasizes that the provisions apply only to offenders who know or should know that the animal involved is a service animal at the time of the offense.

Statutes affected:
Introduced Version: 61-3-27a