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H0666aa..............................by JUDICIARY, RULES AND ADMINISTRATION DOGS - VICIOUS - Amends existing law to provide that a dog that injures any livestock, poultry, domesticated animals or animals kept in captivity for commercial purposes that are not trespassing is vicious; and to provide that the court may order that a vicious dog be destroyed upon a first violation. 02/12 House intro - 1st rdg - to printing 02/13 Rpt prt - to Jud 02/26 Rpt out - to Gen Ord 03/08 Rpt out amen - to engros 03/09 Rpt engros - 1st rdg - to 2nd rdg as amen 03/10 2nd rdg - to 3rd rdg as amen 03/11 3rd rdg as amen - Ret'd to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 666 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO DOGS; AMENDING SECTION 25-2805, IDAHO CODE, TO PROVIDE THAT A DOG 3 THAT INJURES ANY LIVESTOCK, POULTRY, DOMESTICATED ANIMALS OR ANIMALS KEPT 4 IN CAPTIVITY FOR COMMERCIAL PURPOSES THAT ARE NOT TRESPASSING IS VICIOUS, 5 TO EXCLUDE WORKING DOGS AND TO PROVIDE THAT THE COURT MAY ORDER THAT A 6 VICIOUS DOG BE DESTROYED UPON A FIRST VIOLATION. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 25-2805, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 25-2805. DOGS RUNNING AT LARGE -- VICIOUS DOGS -- PENALTY. (1) Any per- 11 son, who, after complaint has been made by any person to the sheriff, who 12 shall serve a copy of said notice upon such person complained of, willfully or 13 negligently permits any dog owned or possessed or harbored by him to be, or 14 run, at large without a competent and responsible attendant or master, within 15 the limits of any city, town, or village or in the vicinity of any farm, pas- 16 ture, ranch, dwelling house, or cultivated lands of another, or who willfully 17 or negligently fails, neglects or refuses to keep any such dog securely con- 18 fined within the limits of his own premises when not under the immediate care 19 and control of a competent and responsible attendant or master, shall be 20 guilty of an infraction punishable as provided in section 18-113A, Idaho Code. 21 (2) Any dog which, when not physically provoked, physically attacks, 22 wounds, bites or otherwise injures any person,who islivestock, poultry, 23 domesticated animals or animals kept in captivity for commercial purposes that 24 are not trespassing, is vicious. Working dogs including, but not limited to, 25 guard dogs, police dogs and stock dogs, are exempt from this classification 26 while performing their specified duties. It shall be unlawful for the owner or 27 for the owner of premises on which a vicious dog is present to harbor a 28 vicious dog outside a secure enclosure. A secure enclosure is one from which 29 the animal cannot escape and for which exit and entry is controlled by the 30 owner of the premises or owner of the animal. Any vicious dog removed from the 31 secure enclosure must be restrained by a chain sufficient to control the 32 vicious dog. Persons guilty of a violation of this subsection, and in addition 33 to any liability as provided in section 25-2806, Idaho Code, shall be guilty 34 of a misdemeanor.For a second or subsequent violation of this subsection,35tThe court may, in the interest of public safety, order the owner to have the 36 vicious dog destroyed or may direct the appropriate authorities to destroy the 37 dog.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004Moved by Kulczyk Seconded by Eskridge IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 666 1 AMENDMENT TO SECTION 1 2 On page 1 of the printed bill, delete lines 24 through 26 and insert: "are 3 not trespassing, is vicious. It shall be unlawful for the owner or". 4 AMENDMENT TO THE BILL 5 On page 1, following line 37, insert: 6 "SECTION 2. An emergency existing therefor, which emergency is hereby 7 declared to exist, this act shall be in full force and effect on and after its 8 passage and approval.". 9 CORRECTIONS TO TITLE 10 On page 1, in line 4, delete "VICIOUS," and insert: "VICIOUS"; in line 5, 11 delete "TO EXCLUDE WORKING DOGS"; and in line 6, following "VIOLATION" insert: 12 "; AND DECLARING AN EMERGENCY".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 666, As Amended BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO DOGS; AMENDING SECTION 25-2805, IDAHO CODE, TO PROVIDE THAT A DOG 3 THAT INJURES ANY LIVESTOCK, POULTRY, DOMESTICATED ANIMALS OR ANIMALS KEPT 4 IN CAPTIVITY FOR COMMERCIAL PURPOSES THAT ARE NOT TRESPASSING IS VICIOUS 5 AND TO PROVIDE THAT THE COURT MAY ORDER THAT A VICIOUS DOG BE DESTROYED 6 UPON A FIRST VIOLATION; AND DECLARING AN EMERGENCY. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 25-2805, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 25-2805. DOGS RUNNING AT LARGE -- VICIOUS DOGS -- PENALTY. (1) Any per- 11 son, who, after complaint has been made by any person to the sheriff, who 12 shall serve a copy of said notice upon such person complained of, willfully or 13 negligently permits any dog owned or possessed or harbored by him to be, or 14 run, at large without a competent and responsible attendant or master, within 15 the limits of any city, town, or village or in the vicinity of any farm, pas- 16 ture, ranch, dwelling house, or cultivated lands of another, or who willfully 17 or negligently fails, neglects or refuses to keep any such dog securely con- 18 fined within the limits of his own premises when not under the immediate care 19 and control of a competent and responsible attendant or master, shall be 20 guilty of an infraction punishable as provided in section 18-113A, Idaho Code. 21 (2) Any dog which, when not physically provoked, physically attacks, 22 wounds, bites or otherwise injures any person,who islivestock, poultry, 23 domesticated animals or animals kept in captivity for commercial purposes that 24 are not trespassing, is vicious. It shall be unlawful for the owner or for the 25 owner of premises on which a vicious dog is present to harbor a vicious dog 26 outside a secure enclosure. A secure enclosure is one from which the animal 27 cannot escape and for which exit and entry is controlled by the owner of the 28 premises or owner of the animal. Any vicious dog removed from the secure 29 enclosure must be restrained by a chain sufficient to control the vicious dog. 30 Persons guilty of a violation of this subsection, and in addition to any lia- 31 bility as provided in section 25-2806, Idaho Code, shall be guilty of a misde- 32 meanor.For a second or subsequent violation of this subsection, tThe court 33 may, in the interest of public safety, order the owner to have the vicious dog 34 destroyed or may direct the appropriate authorities to destroy the dog. 35 SECTION 2. An emergency existing therefor, which emergency is hereby 36 declared to exist, this act shall be in full force and effect on and after its 37 passage and approval.
STATEMENT OF PURPOSE RS 13900 The purpose of this legislation is to expand application of Idaho Code relating to vicious dogs and to allow for the destruction of vicious dogs on a first violation should the court deem it necessary. FISCAL IMPACT There is no fiscal impact to the state general fund. County budgets might be impacted minimally for costs of destruction of vicious dogs on a first offense. Contact :Boundary County Commissioners Commissioner Ron Smith (208)267-7723 Sen. Shawn Keough 332-1000 Rep. George Eskridge 332-1000 Rep. John Campbell 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 666