Revise dog law, including dangerous and vicious dogs
What changed between versions
Animal shelters now face a 'reckless' standard of care instead of 'negligent' for vicious, dangerous, and nuisance dog acts, making it harder to hold them criminally liable. However, the negligent standard still applies to all parties (including shelters) when the act involves injuring or killing a person.
The term 'animal shelter' is replaced throughout with 'animal shelter for dogs,' and the old definition limiting it to 501(c)(3) nonprofits is removed in favor of a cross-reference to section 956.01, potentially broadening which organizations qualify.
The definition of 'vicious dog act' no longer includes killing or seriously injuring livestock. Only acts against other dogs count as vicious dog acts now. A new definition clarifies that 'livestock' does not include poultry.
A new exclusion is added to the 'serious injury' definition: it does not include physical harm resulting from a dog behaving in a playful, nonaggressive, or age-appropriate manner.
The requirement that animal shelters check microchips before taking possession or transferring a dog is eliminated. Shelters now only need to ask questions of the previous owner if that person is known and the dog was not impounded under section 959.132.
A new question (d) is added to the transfer/possession form asking whether the dog has previously been designated a nuisance, dangerous, or vicious dog, including the designation type, date, and jurisdiction.
The penalty for a dangerous dog act involving injuring a person is reduced from a felony of the fifth degree to a misdemeanor of the first degree.
In section 955.24, the penalty for violating division (B)(1) is reduced from a flat misdemeanor of the fourth degree to a minor misdemeanor on a first offense and a misdemeanor of the fourth degree on subsequent offenses.
Mandatory euthanasia orders now require that serious injury to a person results in substantial risk of death, permanent incapacity, serious permanent disfigurement, or acute pain causing substantial suffering. Previously any 'serious injury' triggered mandatory destruction.
Discretionary euthanasia orders (division E) are now limited to cases where the dog committed a vicious dog act, dangerous dog act, injured another dog, or attempted to bite a person resulting in injury. Previously the court had broader discretion.
A new division (H) in section 955.23 allows courts to order destruction of a nuisance dog if it injured another dog or attempted to bite a person resulting in injury.
The cross-reference in section 955.22(A) is expanded to include sections 955.11 and 955.24 in addition to 955.23, broadening where the definitions apply.
