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HB 5436WEST VIRGINIASession 2026State Billdead

Did Not Advance

West Virginia Bill 5436 classifies police canines as law enforcement officers and applies felony penalties for harming them

Original title: Make it a felony to kill a canine officer

Last action · February 11, 2026: To House JudiciarySponsors: Laura Kimble and 7 others

Bill progressHistory & official text ↓

Introduced

Committee

Floor Vote

Passed

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What This Bill Proposed

House Bill 5436 classifies police canines and other law enforcement animals as law-enforcement officers while they are actively working or resting in the field. Under this measure, crimes committed against these animals carry the same penalties as crimes committed against human law-enforcement officers, and human officers are authorized to use the same level of force to defend them.

Why it matters

The bill changes criminal penalties by extending protections traditionally reserved for human officers to police animals, meaning individuals who injure or kill a working police canine face felony assault or charges carrying prison sentences ranging from two to fifteen years.

Background

House Bill 5436 was introduced during the 2026 Regular Session of the West Virginia Legislature and referred to the House Committee on the Judiciary. context

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

Law enforcement officers

Human officers are explicitly authorized to use defensive force to protect working police animals equivalent to the force used to defend another human officer.

Directly affected

Police canines

Working animals gain inclusion in the definition of law-enforcement officers, tying crimes committed against them to the same penalties as crimes against human officers.

Directly affected

Individuals accused of crimes against police animals

Individuals who commit offenses against working police animals face identical criminal penalties and prison sentences as those applied for offenses against human officers.

Key Facts

House Bill 5436 explicitly includes animals trained to assist law enforcement, including canines, in the definition of law-enforcement officers while working or resting in the field with a human officer.
Human officers are granted the freedom to use whatever force they would use to defend another human officer when defending an animal working as a law enforcement officer.
Animals working as law enforcement officers are not state employees and receive no administrative protections or personnel status.
All crimes committed against an animal acting in its capacity as a law enforcement officer carry the same penalties as those committed against a human law enforcement officer.

Show all 8 facts

Malicious assault against a law-enforcement officer or canine carries a penalty of confinement in a state correctional facility for not less than three nor more than 15 years.
Unlawful assault against a protected officer or canine carries imprisonment for not less than two nor more than five years.
Battery against a protected officer or animal is a misdemeanor punishable by up to $500 fine and/or one year in jail for a first offense, with felony penalties for subsequent offenses.
Assault against a protected officer or animal is a misdemeanor punishable by up to six months in jail and/or a $200 fine.

Frequently Asked Questions

Does this bill make police canines state employees?

No. The bill explicitly states that the animal is not an employee of the state and is entitled to neither administrative protections nor personnel status.

What level of force can a human officer use to protect a working police canine?

A human officer is permitted to use whatever force the officer would use while defending or protecting another human officer.

What penalties apply to harming a police canine under this measure?

All crimes against an animal acting in its capacity as a law enforcement officer carry the exact same penalties as though the crime were committed against a human law enforcement officer, ranging from misdemeanor and assault charges to felony assault carrying up to 15 years in prison.

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Where This Stands

This bill did not become law - Died at adjournment · in House committee.

Procedural history

4 actions

Feb 11, 2026HouseCommittee
To House Judiciary
Feb 11, 2026HouseIntroduced
Introduced in House
Feb 11, 2026HouseCommittee
To Judiciary
Feb 11, 2026HouseIntroduced
Filed for introduction

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

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