2004 Legislation
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HOUSE BILL NO. 666 – Dogs, vicious, destroyed

HOUSE BILL NO. 666

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN 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 is livestock, 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,
 35    tThe 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.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                                     Moved 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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN 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 is livestock, 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 / Fiscal Impact


                      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