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HB 5488

Relating to establishing the offense of assault upon or injury to a service animal; and providing for penalties.

2026 Regular Session Introduced by Jeff Campbell

Creates a new criminal offense criminalizing assault or injury to a service animal to protect individuals who rely on them.

To House Judiciary
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WeVote Research Nonpartisan
Bill Summary · HB 5488

Bill Summary: HB 5488 (West Virginia, 2026)

Overview

  • Title: Relating to establishing the offense of assault upon or injury to a service animal; and providing for penalties
  • Jurisdiction: West Virginia
  • Session: 2026
  • Status: Filed for introduction and referred to House Judiciary on 2026-02-13; introduced in House with co-sponsor Jeff Campbell
  • Primary aim: Create a new criminal offense specifically for assaulting or injuring a service animal, with defined penalties.

1) Purpose and Intent

  • The bill establishes a criminal offense targeted at harming or assaulting a service animal. The intent is to protect service animals that assist individuals with disabilities, recognizing that injuries to these animals can impair a disabled person’s ability to navigate daily life and gain independence.

2) Key Provisions and Changes

  • New Offense Created:

    • The bill creates a standalone offense: assault upon or injury to a service animal.
    • It specifies actions that would constitute the offense (e.g., intentional harm, or other forms of assault or injury) against a service animal.

  • Penalties:

    • The bill sets forth penalties for the offense. While exact numbers are not provided in the excerpt, it is typical for such offenses to include misdemeanor or felony classifications with corresponding fines and/or incarceration terms. The text indicates penalties will be provided, but the precise severity (e.g., class of offense, punishment range) is not included in the data provided.

  • Scope:

    • Applies to service animals, defined under the bill (likely including animals trained to assist individuals with disabilities such as guide dogs, hearing assistance dogs, and other formally trained service animals).

  • Enforcement and Related Provisions:

    • The bill would likely include definitions of “service animal,” “injury,” and related terms to avoid ambiguity.
    • It may specify immunity or exceptions (e.g., incidental harm in certain circumstances), though such details are not present in the provided text.

3) Affected Parties and Impacts

  • Primary Beneficiaries:

    • Individuals who rely on service animals (e.g., people with mobility, visual, hearing, or other impairments) by providing a legal path to seek recourse if their service animal is assaulted or injured.
    • Service animals themselves, as a protected class under state law for criminal penalties specific to harming them.

  • Potential Impacts on:

    • Law enforcement: New offense would require training and enforcement at the state level.
    • Prosecutors and courts: Creation of a new charge may affect caseloads, charging strategies, and sentencing outcomes.
    • Businesses and public facilities: Potential deterrence of attacks on service animals in places where service animals are present.

4) Procedural and Timeline Considerations

  • Introduction and Referral:
    • Filed for introduction and referred to House Judiciary on February 13, 2026.
  • Next Steps (typical legislative process):
    • If advanced, the bill would move through relevant committees (likely Judiciary) for hearings, amendments, and votes.
    • Passage by both chambers (House and Senate) and gubernatorial signature would be required for enactment.
    • Effective date (if enacted) would be determined by the bill’s provisions, often a date or upon enactment, with possible phased or delayed effective dates for implementation.

5) Notes and Considerations

  • Specifics not provided in the excerpt:
    • Exact statutory language, offense level (misdemeanor vs. felony), penalties (fine amounts, jail time), and any safety valves or exceptions are not included here.
    • Definitions (e.g., what constitutes “service animal” and “injury”) are not shown but would be critical to understanding scope and enforcement.

If you’d like, I can tailor this summary to include hypothetical penalty ranges or compare with existing West Virginia offenses against animals to provide a fuller context, once the full text is available.

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

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