Senate 688

WEST VIRGINIA LEGISLATURE

2026 REGULAR SESSION

Introduced

Senate Bill 688

By Senators Deeds, Hamilton, and Weld

[Introduced January 30, 2026; referred
to the Committee on the Judiciary]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §61-3-27a, relating to establishing the offense of assault upon or injury to a service animal; and providing for penalties.

Be it enacted by the Legislature of West Virginia:

ARTICLE 3. CRIMES AGAINST PROPERTY.

§61-3-27a. Assault upon or injury to a service animal; penalties.

(a) No person or that person’s property, such as pets or other animals in their possession, may recklessly cause, or attempt to cause, physical harm to a service animal, as defined in §5-15-3 of this code, in either of the following circumstances:

(1) The service animal, at the time the physical harm is caused or attempted, is assisting or serving a person who is blind, deaf, or hearing impaired or a person with a disability as defined by the ADA.

(2) The service animal, at the time the physical harm is caused or attempted, is not actively assisting or serving a person who is blind, deaf, or hearing impaired or a person with a disability as defined by the ADA, but the offender has actual knowledge that the animal is a service animal.

(b) No person or their property, such as pets or other animals in their possession, may recklessly do any of the following:

(1) Taunt, torment, strike, or injure a service animal;

(2) Throw an object or substance at a service animal;

(3) Interfere with or obstruct a service animal, or interfere with or obstruct a person who is blind, deaf, or hearing impaired or a person with a disability as defined by the ADA who is being assisted by a service animal, in a manner that does any of the following:

(A) Inhibits or restricts the assisted person's control of the service animal;

(B) Deprives the assisted person of control of the service animal;

(C) Releases the service animal from its area of control;

(D) Enters the area of control of the service animal without the consent of the assisted person, including placing food or any other object or substance into that area;

(E) Inhibits or restricts the ability of the service animal to assist the assisted person.

(c) Whoever violates the provisions of subsection (a) or (b) of this section is guilty of a misdemeanor, and upon conviction thereof, shall be confined in jail for not more than one year or fined not more than $500, or both fined and confined.

(d) In addition to any other sanction or penalty imposed for a violation of this section, the defendant shall also make full restitution for all damages that arise out of or are related to the offense, including incidental and consequential damages incurred by the handler of the service animal. Restitution under this section shall include, but not be limited to:

(1) The value of the service animal;

(2) Replacement and training or retraining expenses for the service animal and the handler;

(3) Veterinary and other medical and boarding expenses for the service animal;

(4) Medical expenses for the handler; and

(5) Lost wages or income incurred by the handler during any period that the handler is without the services of the service animal.

NOTE: The purpose of this bill is to create the offense of assault upon or injury to a service animal and establish penalties.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.