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H0312................................by JUDICIARY, RULES AND ADMINISTRATION
DOGS - Amends existing law to prescribe infraction penalties for certain
dog at large violations.
02/26 House intro - 1st rdg - to printing
03/01 Rpt prt - to Jud
03/04 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/09 3rd rdg - PASSED - 70-0-0
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
Black, Boe, Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy,
Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh,
Linford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery,
Mortensen, Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Ringo,
Robison, Sali, Schaefer, Sellman, Smith, Smylie, Stevenson,
Stoicheff, Stone, Taylor, Tilman, Tippets, Trail, Watson, Wheeler,
Williams, Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- None
Floor Sponsor - Smith
Title apvd - to Senate
03/10 Senate intro - 1st rdg - to Jud
03/15 Rpt out - rec d/p - to 2nd rdg
03/16 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Parry
Floor Sponsor - Davis
Title apvd - to House
03/18 To enrol
03/19 Rpt enrol - Sp signed - Pres signed
03/23 To Governor
03/24 Governor signed
Session Law Chapter 245
Effective: 07/01/99
H0312|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 312 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO DOGS RUNNING AT LARGE; AMENDING SECTION 25-2803, IDAHO CODE, TO 3 PRESCRIBE AN INFRACTION PENALTY FOR DOGS AT LARGE WITHOUT A COLLAR; AND 4 AMENDING SECTION 25-2805, IDAHO CODE, TO REDUCE THE PENALTY FOR A VIOLA- 5 TION OF SUBSECTION (1) PERTAINING TO DOGS AT LARGE FROM A MISDEMEANOR TO 6 AN INFRACTION AND TO MAKE TECHNICAL CORRECTIONS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 25-2803, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 25-2803. DOGS AT LARGE -- COLLAR AND TAG REQUIRED. No dog shall be per- 11 mitted to go at large within the said county without having a collar about its 12 neck with a license tag or disc attached thereto bearing the number of the 13 license issued by the county as herein set forth, or by some municipality 14 within said county. A violation of this section is an infraction punish- 15 able as provided in section 18-113A, Idaho Code. 16 SECTION 2. That Section 25-2805, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 25-2805. DOGS RUNNING AT LARGE -- VICIOUS DOGS -- PENALTY. (1) Any per- 19 son, who, after complaint has been made by any person to the sheriff, who 20 shall serve a copy of said notice upon such person complained of, wil l 21 fully or negligently permits any dog owned or possessed or harbored by 22 him to be, or run, at large without a competent and responsible attendant or 23 master, within the limits of any city, town, or village or in the vicinity of 24 any farm, pasture, ranch, dwelling house, or cultivated lands of another, or 25 who wil l fully or negligently fails, neglects or refuses to keep 26 any such dog securely confined within the limits of his own premises when not 27 under the immediate care and control of a competent and responsible attendant 28 or master, shall be guilty of a nmisdemeanor29 infraction punishable as provided in section 18-113A, Idaho Code . 30 (2) Any dog which, when not physically provoked, physically attacks, 31 wounds, bites or otherwise injures any person who is not trespassing, is 32 vicious. It shall be unlawful for the owner or for the owner of premises on 33 which a vicious dog is present to harbor a vicious dog outside a secure enclo- 34 sure. A secure enclosure is one from which the animal cannot escape and for 35 which exit and entry is controlled by the owner of the premises or owner of 36 the animal. Any vicious dog removed from the secure enclosure must be 37 restrained by a chain sufficient to control the vicious dog. Persons guilty of 38 a violation of this subsection, and in addition to any liability as provided 39 in section 25-2806, Idaho Code, shall be guilty of a misdemeanor. For a second 40 or subsequent violation of this subsection, the court may, in the interest of 41 public safety, order the owner to have the vicious dog destroyed or may direct 2 1 the appropriate authorities to destroy the dog.
STATEMENT OF PURPOSE
RS 09060
This bill decriminalizes the misdemeanor penalties for
violations of I.C. 25-2803 and 25-2805(1) relating to dogs
running at large, by making these offenses infractions. A
defendant charged with any of these misdemeanor offenses under
25-2803 or 25-2805(1) is entitled to a jury trial to contest
the charge. Jurors have expressed to presiding judges that jury
trials on these charges do not constitute a productive use of a
juror's time.
A person charged with an infraction is not entitled to a
jury trial, but may defend against the charge before a judge in
a court trial. An infraction is a civil public offense which is
punishable by a monetary penalty and does not carry a jail
sentence. In most cases, a defendant cited with an infraction
mails a fine to the clerk of the court without having to appear
before a judge.
This bill does not change the misdemeanor penalty
currently imposed in respect to the vicious dog provisions of
I.C. 25-2805(2).
FISCAL NOTE
This bill will save costly jury trials and court time, and will
have a positive impact on state and local funds.
Contact Person:
Representative Leon Smith
Idaho State Legislature
(208) 332-1000
Statement of Purpose/Fiscal Note H 312