This bill proposes the addition of a new section, 61-3-27a, to the Code of West Virginia, which establishes the offense of assault upon or injury to a service animal. It outlines specific actions that would constitute a violation, including recklessly causing physical harm to a service animal, taunting or tormenting the animal, throwing objects at it, and interfering with the animal's ability to assist its handler. The bill specifies that these offenses apply whether the service animal is actively assisting a person with a disability or if the offender is aware that the animal is a service animal.
Penalties for violating this section include being charged with a misdemeanor, which could result in up to one year of jail time, a fine of up to $500, or both. Additionally, the bill mandates that offenders must make full restitution for damages related to the offense, covering costs such as the value of the service animal, training expenses, veterinary bills, and lost wages for the handler during the period they are without the service animal. The intent of this legislation is to enhance the protection of service animals and their handlers under West Virginia law.
Statutes affected: Introduced Version: 61-3-27a