HB 1902

This bill establishes a public dangerous dog registry available on the internet. As used in this bill, a "dangerous dog"" means a dog that does either of the following :  Makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own .  Commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person. OWNER COMPLIANCE This bill requires an owner, no later than 30 days after learning the dog is dangerous, to register the dog with the local animal control authority (""authority"") for the area in which the dog is kept, restrain the dog on a leash or in a secure enclosure, and obtain and provide proof of liability insurance or show financial responsibility in an amount of at least $100, 000 to cover damages resulting from an attack causing bodily injury . The authority local animal control authority means the municipal or cou nty animal control office with authority over the area where the dog is kept or the sheriff in an area with no animal control office . If an owner fails to comply, then the owner must deliver the dog to the authority within 30 days. This bill provides that an owner learns a dog is dangerous when the owner knows of an attack, receives notice of a court finding, or is informed by the authority. If a court finds an owner failed to comply, then the court must order the authority to seize the dog and provide for impoundment in secure and human conditions . If the owner is found to have complied with the order before 11 days after the dangerous dog was seized, then the court must order the authority to return the dog to the owner. T he own er must pay any cost or fee related to the seizure, impoundment, or destruction of the dog. SEIZURE AND DESTRUCTION OF DOGS This bill requires a court to order the humane destruction of a dog if the owner has not complied with registration and insurance requirements before 11 day s after the dog is seized or delivered. However, any order to destroy a dog is stayed for 10 calendar days to allow for an appeal and prohibits destruction during the pendency of an appeal. The court may also order humane destruction if an owner is not located within 15 days of seizure. This bill clarifies that its provisions do not prohibit the destruction of a dog causing death or serious injury to a human pursuant to the separate process authorized in present law. INVESTIGATION AND REPORTING This bill authorizes the local authorit y to investigate reported incidents and, upon determining a dog is dangerous based on sworn witness statements, notify the owner in writing. A person must report an incident directly to a general sessions court, after which the owner must deliver the dog to the authority within five days. T he court must hold a hearing within 10 days of seizure or delivery to determine if the dog is dangerous. The court must provide written notice of the time and place of the hearing to the owner of the dog or to the perso n from whom the dog was seized, and to the person who made the complaint. APPEALS This bill authorizes an owner to appeal a determination that a dog is dangerous and establishes separate procedures for appeals from an animal control authority determination and appeals from a general sessions court decision. No later than 15 day s after receiving notice that a dog is dangerous, an owner may appeal the animal control authority's determination to a general sessions court by fil ing a notice of appeal with the court, attach ing a copy of the determination, and serving the authority by mail through the United States Postal Service. The court must hold a hearing within 10 days of the dog's seizure or delivery to determine whether the dog is dangerous or whether the owner has complied with the registration and restrai nt requirements. The court must also determine the estimated costs to house and care for the impounded dog during the appeal and must set a bond adequate to cover those costs. This bill authorizes a party to a general sessions court hearing to appeal to the circuit court and is entitled to a jury trial on request. The appellant must file a notice of appeal and the determined appeal bond no later than the 10 calendar day s after the general sessions court's decision. A motion for a new trial is not required to perfect an appeal to the circuit court, which has specific jurisdiction to hear such cases. A decision of the circuit court may be appealed in the same manner as any othe r circuit court case. PUBLIC REGISTRY This bill requires the authority for the jurisdiction in which the dog is kept to annually register a dangerous dog if the owner presents proof of liability insurance or financial responsibility, proof of rabies vaccination, proof of a secure enclosure in which the dog will be kept, and pays a $50 fee. The authority must issue a registration tag to be placed on the dog ' s collar. If an owner sells the dog or moves the dog to a new address, the owner must notify the authority in the new jurisdiction no late r than 14 days after the sale or move and to pay a $25 fee. This bill requires the authority to maintain a public dangerous dog registry available for inquiry on the internet that includes the dog ' s name, the owner ' s name and address, and the initial registration date. The dog and owner must be removed from the registry three years after the initial registration date if no subsequent attack has occurred during the registration period; however, if a subsequent attack occurs while the dog is registered, the dog must remai n on the registry for an additional three yea rs from the date of the subsequent attack. CRIMINAL OFFENSES AND DEFENSES This bill provides that a person who owns or keeps a dangerous dog commits an offense for failing to comply with registration, restraint, or delivery requirements. An offense is classified as a Class C misdemeanor, and a second or subsequent offense is a Class B misdemeanor. A Class C misdemeanor is punishable by up to 30 days in jail, a fine not to exceed $50, or both . A Class B misdemeanor is punishable by up to six months in jail, a fine not to exceed $500, or both. This bill provides defenses to prosecution for the following persons :  Veterinarians, peace officers, and animal shelter employees temporarily holding the dog in an in connection with that position.  Law enforcement or corrections employees training or using dogs for official purposes."