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S1112................................................by JUDICIARY AND RULES
PEACE OFFICERS - USE OF DOGS - Amends existing law to clarify that the
state of Idaho, a city or a county, or a peace officer employed by the
state, a city or a county, shall not be civilly or criminally liable for
the use of dogs used in law enforcement activities if certain activities
occur.
02/04 Senate intro - 1st rdg - to printing
02/05 Rpt prt - to Jud
02/18 Rpt out - rec d/p - to 2nd rdg
02/19 2nd rdg - to 3rd rdg
02/25 3rd rdg - PASSED - 30-0-5
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins,
Ingram, Ipsen, Keough, King, Lee, Noh, Richardson, Riggs, Risch,
Sandy, Stegner, Stennett, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Darrington, McLaughlin, Parry, Schroeder,
Sorensen
Floor Sponsor - Bunderson
Title apvd - to House
02/26 House intro - 1st rdg - to Jud
03/18 Rpt out - rec d/p - to 2nd rdg
03/19 2nd rdg - to 3rd rdg
Rules susp - PASSED - 57-0-13
AYES -- Alltus, Barraclough, Bell, Bieter, Black, Boe, 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, Kellogg,
Kempton, Kendell, Lake, Limbaugh, Mader, Marley, McKague,
Meyer(Duncan), Montgomery, Moyle, Pischner, Pomeroy, Reynolds,
Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Smylie, Stevenson,
Stoicheff, Stone, Taylor, Tippets, Watson, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Barrett, Bruneel, Judd, Kunz, Linford,
Loertscher, Mortensen, Smith, Tilman, Trail, Wheeler, Williams, Wood
Floor Sponsor - Field(13)
Title apvd - to Senate
03/22 To enrol - rpt enrol - Pres signed - Sp signed
03/23 To Governor
03/24 Governor signed
Session Law Chapter 312
Effective: 03/24/99
S1112|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1112 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO DOGS USED IN LAW ENFORCEMENT; AMENDING SECTION 25-2808, IDAHO 3 CODE, TO CLARIFY THAT THE STATE OF IDAHO, A CITY OR A COUNTY OR A PEACE 4 OFFICER EMPLOYED BY ANY OF THEM SHALL NOT BE CIVILLY OR CRIMINALLY LIABLE 5 FOR THE USE OF DOGS USED IN LAW ENFORCEMENT ACTIVITIES IF CERTAIN ACTIVI- 6 TIES OCCUR; AND DECLARING AN EMERGENCY. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 25-2808, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 25-2808. DOGS USED IN LAW ENFORCEMENT. Neither the state of Idaho, nor 11 any city or county, nor any peace officer employed by any of them, shall be 12 criminally liable under the provisions of section 25-2805, Idaho Code, 13 or civilly liable in damages for injury committed by a dog when: (1) 14 the dog has been trained to assist in law enforcement; and (2) the injury 15 occurs while the dog is reasonably and carefully being used in the apprehen- 16 sion, arrest or location of a suspected offender or in maintaining or control- 17 ling the public order. 18 SECTION 2. An emergency existing therefor, which emergency is hereby 19 declared to exist, this act shall be in full force and effect on and after its 20 passage and approval.
STATEMENT OF PURPOSE
RS08568C1
I.C. 25-2805, vicious dog law places certain restrictions and
penalty on owners of dogs that are outside a secure enclosure
and bites or otherwise injures a person.
I.C. 25-2808 specifies that a peace officer and government
entity owning dogs used in law enforcement are exempt from
liability if the dog is used for official purposes. However,
such exception does not specifically address the issue in I.C.
25-2805. This legislation corrects this technical defect and
policy question in the law.
FISCAL NOTE
There is no fiscal impact.
CONTACT: Senator Hal Bunderson
332-1000
STATEMENT OF PURPOSE/FISCAL NOTE S1112