Bill
HB 5670
HB 5670 tightens animal cruelty laws by expanding care standards and tethering rules, enables immediate seizure, and creates a public registry for repeat offenders.
HB 5670 (2026) – West Virginia
Relating to cruelty to animals
Overview
- Purpose: Amend and reenact the cruelty-to-animals law to clarify definitions, tighten tethering standards, authorize seizure of animals for violations, expand penalties, and create a statewide public registry for repeat offenders (a “do not adopt or sell” list).
- Jurisdiction: West Virginia
- Session: 2026
- Sponsor: Delegate Williams (Co-sponsor: John Williams)
- Committee: Judiciary
- Effective date: Not specified in the text provided (would be determined upon passage and gubernatorial signing or enactment)
Key Provisions and Changes
1. Expanded definitions for care standards
- Food: Defines “food” as a quantity and quality adequate for normal growth or maintenance of body weight, meeting or exceeding National Research Council Standards and AAFCO processing standards.
- Water: Defines “water” as clean, fresh, potable, and in a liquid state; requires access to water at least every four hours, with amounts appropriate to species and age; disallows using snow/ice as water.
- Shelter: For tethered or roaming animals, requires a four-sided, weather-appropriate shelter with a roof and one entry, moisture-proof, windproof, ventilated, and able to maintain body heat in cold temperatures; raised floor (at least two inches) on solid, durable material; shelter must include clean bedding (hay, straw, cedar shavings, or equivalent) and be free of excessive waste/dirt/trash. Each tethered animal must have its own shelter. For confinement areas, minimum floor space is at least 100 square feet per animal over four months old.
- Exercise and medical treatment: Requires species- and age-appropriate exercise; access to veterinary care for health, rabies/disease control, treatment, and pest control.
Prohibits training or using domesticated animals to seize, detain, or maltreat other animals.
Seizure of animals for violations
Any animal in violation may be immediately seized if there is risk of harm or death.
Criminal penalties and enforcement
First offense (subsection a): Violating cruelty provisions is a misdemeanor; penalties include a fine of $300–$2,000, or up to six months in jail, or both. Immediate seizure of the animal is possible if risk exists.
General cruelty offenses (subsection b): Torture, mutilation, or malicious killing of an animal is a felony; penalties include 1–5 years in a state facility and fines of $1,000–$5,000.
Drugging animals in contests (subsection c): Knowingly administering drugs to alter performance is a misdemeanor; fines of $500–$2,000.
Forfeiture (subsection d): Convicted violators forfeit any animal; ownership of the animal vests in the humane society or county pound; the convicted person bears costs incurred by humane society or pound.
Controlled substances (subsection e): Definition aligns with related state statute.
Exceptions (subsection f): Protections for lawful hunting, fishing, trapping, livestock, game farms, wildlife, and humane uses under federal regulation.
Second or subsequent offense (subsection g): Mandatory enhanced penalties for a second violation (minimum jail 90 days to 1 year; fines $500–$3,000/$5,000 depending on offense) unless subsection h provisions apply.
Court-ordered evaluations and programs (subsection h)
Second/subsequent offenders must undergo a complete psychiatric/psychological evaluation before probation; costs may be assessed if not indigent.
Courts may require anger-management programs for offenders; costs may be assessed if not indigent.
Animal ownership prohibition after certain convictions (subsection i)
Post-conviction humane restrictions: A person convicted of a misdemeanor may be prohibited from possessing/owning an animal for five years; felonies carry a 15-year prohibition. Violations can result in fines up to $2,000 and animal forfeiture.
Do Not Adopt or Sell Registry (subsection j)
A second-time violator's information will be added to a state-wide, publicly available registry indicating individuals who are prohibited from adopting or selling animals.
Affected Parties and Impacts
- Individuals convicted of cruelty to animals: face enhanced penalties, mandatory evaluations, possible anger-management treatment, and long-term animal ownership prohibitions.
- Animal welfare organizations (humane societies, county pounds): receive ownership/ cost-bearing responsibilities upon conviction (forfeiture of animals; potential costs associated with care and disposal).
- Animals: higher welfare protections; increased likelihood of seizure and placement in humane facilities when violations occur.
- General public: access to a publicly available registry could influence adoption and sales decisions for repeat offenders.
Procedural and Timeline Aspects
- The bill amends and reenacts WV Code §61-8-19.
- It includes immediate seizure authority for at-risk animals upon violation.
- It creates new registry requirements for repeat offenders.
- It imposes structured timelines for penalties and for evaluations (psychiatric/anger-management) as part of sentencing and probation.
Notes
- The measure enhances definitions of care standards (food, water, shelter) and codifies tethering specifications.
- Strike-throughs and underscores indicate changes relative to current law; the bill as introduced sets a framework for more stringent animal-cruelty enforcement in WV.
Overall, HB 5670 intensifies protections for animals, expands enforcement tools (seizure and registries), and ties penalties to repeat offenses with mandatory evaluations and possible behavioral interventions.
Compiled from official sources — confirm details with the bill’s official record.
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