HB315 By Representative Weaver RFD Public Safety and Homeland Security Rd 1 24-FEB-16

SYNOPSIS: Under existing law, cruelty to animals and harassment or killing a dog used by a peace officer or a search and rescue dog are specific crimes.

This bill would make it a crime to harass, injure, or cause the death of a service dog under certain conditions and would provide penalties.

This bill would provide for restitution of certain expenses.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

A BILL TO BE ENTITLED AN ACT

Relating to service dogs; to make it a crime to harass, injure, or cause the death of a service dog under certain conditions; to provide penalties; to provide for restitution of certain expenses; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. It is the policy of this state to recognize the special role and value of service dogs, not only in the lives of those persons who use them but also in society at large, and to encourage the use of service dogs by persons with disabilities and to recognize that those persons have a right to use service dogs without any interference with or injury to the service dog.

Section 2. For the purposes of this act, the following terms have the following meanings:

(1) HARASS. To engage in any conduct directed toward a service dog or handler that is likely to impede or interfere with the performance of a service dog in its duties or places the health and safety of the service dog or its handler in jeopardy. Such conduct includes actions which distract, obstruct, or intimidate the service dog, such as taunting, teasing, or striking.

(2) INJURY. Physical or emotional injury to the service dog.

(3) NOTICE. An actual verbal or other communication warning that the behavior of the person or the dog of the person is harassing toward the performance of a service dog in its duty or endangering the health and safety of the service dog.

(4) SERVICE DOG. A dog that has been individually trained for the purpose of assisting or accommodating a physician-diagnosed physical or mental disability or medical condition of a person as that term is used in the federal Americans with Disabilities Act. Service dogs include, but are not limited to, guide or leader dogs for persons who are blind; dogs that assist persons with physical disabilities by providing balance support, pulling a wheelchair, or performing other tasks; dogs that provide hearing assistance by alerting individuals who are deaf to specific sounds; and dogs who alert persons to an impending potential medical crisis.

(5) VALUE. The value of the service dog to the service dog user as demonstrated by any of the following elements:

a. Cost of the service dog.

b. Replacement and training or retraining expenses for the service dog and the user.

c. Veterinary and other medical and boarding expenses for the service dog during a period of treatment for injury.

d. Lost wages or income incurred by the service dog user during any period the user is without the services of the service dog.

e. Any additional expenses incurred by the service dog user directly because of the loss of the use of the service dog.

Section 3. (a) It is unlawful for a person who has received notice that his or her behavior is harassing to a dog the person knows or has reason to believe is a service dog to continue that behavior with malice or reckless disregard.

(b) It is unlawful for a person with reckless disregard to allow his or her dog that is not contained by a fence, a leash, or other containment system to harass a service dog.

(c) A person who violates subsection (a) or (b) is guilty of a Class C misdemeanor.

Section 4. (a) It is unlawful for any person without legal justification or authority to cause injury to a service dog, or to allow his or her dog to cause injury to a service dog.

(b) A person who violates subsection (a) with reckless disregard is guilty of a Class B misdemeanor.

(c) A person who intentionally or willfully violates subsection (a) is guilty of a Class A misdemeanor.

Section 5. (a) It is unlawful for any person without legal justification or authority to cause the death of a service dog or cause an injury resulting in disability to the service dog such that it is no longer able to function in that role, or for that person to allow his or her dog to cause the same.

(b) A person who violates subsection (a) with reckless disregard is guilty of a Class A misdemeanor.

(c) A person who intentionally or willfully violates subsection (a) is guilty of a Class A misdemeanor.

Section 6. (a) A person convicted of a violation of this act shall be ordered to make full restitution for damages, including incidental and consequential expenses, incurred by the service dog and its user, which arise out of or are related to the violation.

(b) Restitution for a conviction under this act includes, but is not limited to, any of the following:

(1) The medical expenses of the service dog and its user, and the value of the service dog to its user for the period in which the dog is unable to perform its duties due to injuries suffered as a proximate cause of the violation, or if the violation resulted in the death or permanent disability of the service dog, the value of the service dog to its user.

(2) The cost of any retraining of the service dog needed as a result of the violation.

(3) Compensation for wages or earned income lost by the service dog user as a proximate cause of the violation.

(4) Any other economic loss suffered by the service dog user as a proximate result of the violation.

(c) This section does not affect the civil remedy that is available for violations of this act. Restitution paid pursuant to this act shall be set off against damages awarded in a civil action arising out of the same conduct that resulted in the restitution payment.

(d) The user of a service dog may bring a civil cause of action for violation of any of the provisions of this act in a court of competent jurisdiction in the county where the service animal user resides or where the violation occurred.

(e) In any action brought under this act, the court may award costs and reasonable attorney fees to the prevailing party.

Section 7. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 8. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Crimes and Offenses

Criminal Law and Procedure

Civil Procedure

Dogs

Animals

Service Dogs

Restitution