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Second Regular Session
Sixty-first General Assembly
LLS NO. 980500.01 JLB
SENATE BILL 98089
STATE OF COLORADO
BY SENATOR Hernandez
A BILL FOR AN ACT
CONCERNING DANGEROUS DOGS, AND, IN CONNECTION THEREWITH,
MAKING AN APPROPRIATION.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
States that the general assembly supports the formation of a private wolfdog hybrid association for the purpose of incorporating the use of a reliable registry of such animals, educating owners and prospective owners, licensing wolfdog hybrid breeders on a voluntary basis, and establishing a code of ethics for wolfdog hybrid breeders.
Requires a court to order a person convicted of owning a dangerous dog to:
Authorizes a judge to also order the owner of a dangerous dog to perform one or more of the following: Attend dangerous dog education classes; attend rehabilitation training classes with the dangerous dog; obtain liability insurance in the amount of $100,000; or perform community service. Makes any violation of a court order punishable as contempt of court. Makes the illegal transfer of a dangerous dog a class III misdemeanor.
Requires an owner to make restitution if the dangerous dog destroys another animal or property by paying the greater of the fair market value or replacement cost plus any expenses incurred is treating the animal and any actual costs incurred in replacing the injured animal or the destroyed animal or property. Upon a second or subsequent violation, requires the owner to pay the minimum mandatory fine for a class 2 misdemeanor.
Makes an appropriation.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 189204.5 (1) and (3) (e), Colorado Revised Statutes, are amended, and the said 189204.5 (3) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:
189204.5. Unlawful ownership of dangerous dog. (1) (a) The general assembly hereby finds, determines, and declares that dangerous dogs are a serious and widespread threat to the safety and welfare of citizens throughout the state because of the number and serious nature of attacks by such dogs.
(b) THE GENERAL ASSEMBLY FURTHER FINDS, DETERMINES, AND DECLARES THAT THE NUMBER OF ANIMALS RESULTING FROM THE BREEDING OF WOLVES WITH DOGS IS INCREASING AND THAT THE REGULATION AND CONTROL OF SUCH WOLFDOG HYBRIDS HAS BEEN HAMPERED BY THE FACT THAT THE IDENTIFICATION OF SUCH ANIMALS IS SCIENTIFICALLY IMPOSSIBLE. THE GENERAL ASSEMBLY THEREFORE FINDS, DETERMINES, AND DECLARES THAT IT SUPPORTS THE FORMATION OF A PRIVATE ORGANIZATION DEDICATED TO ISSUES SURROUNDING WOLFDOG HYBRIDS AND THAT SUCH ORGANIZATION SHALL HAVE THE FOLLOWING GOALS:
(I) TO INCORPORATE THE USE OF A RELIABLE REGISTRY OF WOLFDOG HYBRIDS TO DOCUMENT THE PEDIGREE OF SUCH ANIMALS;
(II) EDUCATING OWNERS AND PROSPECTIVE OWNERS OF WOLFDOG HYBRIDS ABOUT THE SPECIAL NEEDS OF SUCH ANIMALS;
(III) LICENSING WOLFDOG HYBRID BREEDERS, ON A VOLUNTARY BASIS, WHO WILL PARTICIPATE IN THE EDUCATION OF OWNERS AND PROSPECTIVE OWNERS OF WOLFDOG HYBRIDS; AND
(IV) ESTABLISHING A CODE OF ETHICS THAT WILL PROVIDE A VEHICLE FOR DISCIPLINING WOLFDOG HYBRID BREEDERS THAT VIOLATE SUCH CODE OF ETHICS.
(3) (e) (I) Any owner who violates paragraph (a) of this subsection (3) whose dog injures or destroys any domestic animal commits a class 3 misdemeanor.
(II) Any owner involved in a second or subsequent violation under this paragraph (e) commits a class 2 misdemeanor. THE MINIMUM FINE SPECIFIED IN SECTION 181106 FOR A CLASS 2 MISDEMEANOR SHALL BE MANDATORY.
(III) (A) The court shall order the convicted owner and any owner who enters into a deferred judgment or deferred prosecution to make restitution to the injured or dead domestic animal's owner pursuant to applicable provisions of title 16, C.R.S., governing restitution.
(B) Restitution shall be equal to the
GREATER OF THE fair market value OR THE REPLACEMENT COST of the
domestic animal on the date, but before the time, the animal was
injured or destroyed plus any reasonable and necessary medical
expenses incurred in
animal's life TREATING THE ANIMAL
AND ANY ACTUAL COSTS INCURRED IN REPLACING THE INJURED OR DESTROYED
(C) ANY OWNER WHOSE DOG DESTROYS PROPERTY SHALL MAKE RESTITUTION TO THE OWNER OF SUCH PROPERTY IN AN AMOUNT EQUAL TO THE GREATER OF THE FAIR MARKET VALUE OR THE REPLACEMENT COST OF SUCH PROPERTY BEFORE ITS DESTRUCTION PLUS ANY ACTUAL COSTS INCURRED IN REPLACING SUCH PROPERTY.
(e.5) (I) THE COURT SHALL ORDER ANY OWNER OF A DANGEROUS DOG WHO HAS BEEN CONVICTED OF A VIOLATION OF THIS SECTION TO:
(A) CONFINE SUCH DANGEROUS DOG IN AN ESCAPEPROOF BUILDING OR ENCLOSURE AND, WHENEVER SUCH DOG IS OUTSIDE OF SUCH BUILDING OR ENCLOSURE, SUCH OWNER SHALL KEEP THE DOG UNDER SUCH OWNER'S CONTROL BY USE OF A LEASH. IN ADDITION, IF THE CONVICTION IS FOR A SECOND OR SUBSEQUENT OFFENSE, SUCH DANGEROUS DOG SHALL ALSO BE MUZZLED WHENEVER IT IS OUTSIDE OF THE BUILDING OR ENCLOSURE.
(B) OBTAIN PRIOR APPROVAL FROM THE BUREAU BEFORE TRANSFERRING OWNERSHIP OF SUCH DANGEROUS DOG, UNLESS SUCH TRANSFER IS FOR THE PURPOSE OF EUTHANASIA. SUCH APPROVAL SHALL BE BASED UPON FACTORS INCLUDING AN EVALUATION OF THE RISK TO THE SAFETY, HEALTH, AND WELFARE OF THE RESIDENTS, LIVESTOCK, AND OTHER ANIMAL LIFE OF THE STATE.
(C) IMMEDIATELY REPORT TO THE BUREAU ANY CHANGE IN SUCH DOG'S SITUATION, INCLUDING, BUT NOT LIMITED TO, A CHANGE OF ADDRESS, ESCAPE, OR DEATH.
(D) PERMANENTLY IDENTIFY SUCH DANGEROUS DOG THROUGH TATTOOING OR THE IMPLANTATION OF A MICROCHIP BY A LICENSED VETERINARIAN. IF A MICROCHIP IS USED, A VETERINARY RECORD OF THE MICROCHIP TYPE AND PLACEMENT OF SUCH MICROCHIP SHALL BE PROVIDED TO THE BUREAU OF ANIMAL PROTECTION IN THE DEPARTMENT OF AGRICULTURE. SUCH OWNER SHALL REPORT THE METHOD OF IDENTIFICATION TO THE BUREAU AND LOCAL ANIMAL CONTROL AGENCIES WITHIN THIRTY DAYS AFTER SUCH TATTOOING OR IMPLANTATION.
(E) POST A SIGN ON THE PROPERTY WHERE THE DANGEROUS DOG RESIDES THAT STATES "BEWARE! DANGEROUS DOG ON PREMISES!". SUCH SIGN SHALL BE POSTED IN CLEAR VIEW OF THE GENERAL PUBLIC WITHIN SEVEN DAYS AFTER CONVICTION OF THE VIOLATION.
(II) IN ADDITION TO THE SANCTIONS SET FORTH IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (e.5), THE COURT MAY ORDER THAT ANY ONE OR MORE OF THE FOLLOWING BE PERFORMED BY AN OWNER OF A DANGEROUS DOG CONVICTED OF VIOLATING THIS SECTION:
(A) THAT THE OWNER ATTEND DANGEROUS DOG EDUCATION CLASSES PROVIDED BY A CERTIFIED ANIMAL BEHAVIORIST, THAT BOTH THE OWNER AND THE DANGEROUS DOG ATTEND REHABILITATION TRAINING CLASSES, AND THAT THE OWNER BE RESPONSIBLE FOR PAYING THE COSTS INCURRED FOR SUCH EDUCATION AND TRAINING;
(B) THAT THE OWNER OBTAIN AND SHOW THE COURT PROOF OF HAVING OBTAINED LIABILITY INSURANCE IN THE AMOUNT OF ONE HUNDRED THOUSAND DOLLARS TO COVER ANY FUTURE VICTIMS' EXPENSES FOR INJURIES;
(C) THAT THE OWNER PERFORM COMMUNITY SERVICE.
(III) ANY VIOLATION OF SUBPARAGRAPH (I) OF THIS PARAGRAPH (e.5) SHALL BE PUNISHABLE AS CONTEMPT OF COURT; EXCEPT THAT, IF OWNERSHIP OF THE DANGEROUS DOG HAS BEEN ILLEGALLY TRANSFERRED, THE TRANSFEROR SHALL BE GUILTY OF A CLASS III MISDEMEANOR.
SECTION 2. 189204.5, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
189204.5. Unlawful ownership of dangerous dog. (7) FINES COLLECTED PURSUANT TO THIS SECTION SHALL BE DEPOSITED IN THE ANIMAL PROTECTION FUND CREATED IN SECTION 3542113, C.R.S., AND SHALL BE APPROPRIATED IN ACCORDANCE WITH SAID SECTION.
SECTION 3. 189204.5 (2), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
189204.5. Unlawful ownership of dangerous dog. (2) As used in this section, unless the context otherwise requires:
(a.5) "BUREAU" MEANS THE BUREAU OF ANIMAL PROTECTION IN THE DEPARTMENT OF AGRICULTURE.
SECTION 4. 181105 (1) (a) (III) (D), Colorado Revised Statutes, is amended to read:
181105. Felonies classified
presumptive penalties. (1) (a) (III) (D) All
fines collected pursuant to this subparagraph (III) shall be deposited
in the fines collection cash fund, which fund is hereby created;
EXCEPT THAT FINES COLLECTED PURSUANT TO SECTION 189204.5
SHALL BE DEPOSITED IN THE ANIMAL PROTECTION FUND CREATED IN SECTION
3542113, C.R.S. The general assembly shall make annual
appropriations out of
THE FINES COLLECTION CASH fund for administrative and personnel
costs incurred in the collection and administration of said fines.
All unexpended balances shall revert to the general fund at the
end of each fiscal year.
SECTION 5. 3542113 (1), Colorado Revised Statutes, is amended to read:
3542113. Animal protection fund creation. (1) There is hereby created an animal protection fund. Any donations collected for animal protection AND ANY FINES COLLECTED PURSUANT TO SECTION 189204.5, C.R.S., shall be transmitted to the state treasurer who shall credit the same to the animal protection fund. The general assembly shall make annual appropriations from such fund to the department of agriculture to aid in carrying out the purposes of this article; EXCEPT THAT THE GENERAL ASSEMBLY SHALL MAKE ANNUAL APPROPRIATIONS NOT TO EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS TO THE DEPARTMENT OF AGRICULTURE FOR ALLOCATION TO THE BUREAU OF ANIMAL PROTECTION FOR THE IMPLEMENTATION OF SECTION 189204.5 (3), C.R.S. Such appropriations shall not be made for personal services.
SECTION 6. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of agriculture for allocation to the bureau of animal protection, for the fiscal year beginning July 1, 1998, the sum of ten thousand dollars ($10,000), or so much thereof as may be necessary, to be allocated for the development of a videotape to inform prospective buyers of the facility requirements and training needs of wolfdog hybrids.
SECTION 7. Effective date applicability. This act shall take effect July 1, 1998, and shall apply to acts committed on or after said date.
SECTION 8. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.