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HB 5436

Make it a felony to kill a canine officer

2026 Regular Session Introduced by Jim Butler and 6 co-sponsors

The bill treats police canines as law-enforcement officers for protection and applies the same penalties for crimes against them as against human officers.

To House Judiciary
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Bill Summary · HB 5436

Summary of HB 5436 (2026) – West Virginia

Purpose and Intent

HB 5436 seeks to treat police canines (and other animals working with law enforcement) as "law enforcement officers" for purposes of certain protections and penalties. The bill adds canines and similar animals to the legal framework that defines who is a law-enforcement officer and expands the circumstances under which force used to protect those animals is governed. The overall aim is to strengthen legal recognition and protection for canine officers in the line of duty.

Key Provisions

  • Definition of law-enforcement officer (Chapter 30, Article 29):

    • The bill amends the broad definition of “law-enforcement officer” to expressly include animals trained to assist officers, such as canines, when they are actively working with a human officer or resting between assignments.
    • It clarifies that if a human officer defends an animal working as a law-enforcement officer, the officer may use the same level of force to defend the animal as would be used to defend a human officer.
    • It notes that the canine (animal) is not an employee of the state and does not receive conventional employee protections or status.

  • Penalties for crimes against canine officers (Chapter 61, Article 2, §61-2-10b):

    • The statute governing malicious assault, unlawful assault, battery, and related offenses against government representatives, health care workers, utility workers, EMS personnel, correctional employees, and law-enforcement officers is updated to include canines working in the capacity of a law-enforcement officer.
    • Crimes against a canine officer are treated with the same penalties as crimes against a human law-enforcement officer:
    • Malicious assault: Felony, 3 to 15 years.
    • Unlawful assault: Felony, 2 to 5 years.
    • Battery: Ranges from misdemeanor (initial offenses) to felonies for repeat offenses, with escalating penalties, including up to 5 years for certain offenses; applies to animals as well.
    • Assault (attempts to inflict violent injury): Misdemeanor, with up to 6 months jail and/or fines; applied to animals as well.
    • A provision ensures that a person incarcerated in certain state facilities who commits one of these crimes against a correctional employee cannot have his/her sentence run concurrently with the sentence for the offense.

Affected Parties

  • Canine officers and other working animals: Will be recognized as law-enforcement officers in relevant contexts and protected accordingly.
  • Human law-enforcement officers: Given expanded authority to use force to defend canine officers in the field.
  • Criminal defendants: If they commit these offenses against canine officers, they face the same penalties as if harming a human officer.
  • State agencies and law-enforcement bodies: Activities and enforcement related to canine units will be governed by the same standards as human officers.

Procedural and Timeline Aspects

  • Introduced and referred to Judiciary: Filed February 11, 2026; assigned to the House Judiciary Committee for study.
  • The bill follows the standard legislative path for a 2026 regular session but does not specify any immediate implementation date beyond passage and signing (no retroactive or delayed effective date stated in the text provided).

Practical Impact

  • Provides stronger legal protection for police canines and clarifies the use-of-force standard when defending them.
  • Aligns penalties for crimes against canine officers with those for human officers, potentially increasing accountability for offenses against working animals.
  • Establishes canine officers as a clearly defined category within the law-enforcement framework, even though they are not government employees.

Compiled from official sources — confirm details with the bill’s official record.

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