SB 405 Dangerous Dogs (Sen. Wentworth)
- This bill does not eliminate Sec. 822 Subchapter A regarding an attack by a dog that causes serious bodily injury or death. This bill addresses those cases falling short of that which cause injury only and mandates death for any dog causing any sort of injury. This could even include a dog that jumps on someone. The bill uses the word “attack” but does not define it. “Injury” is also not defined. The bill is not breed specific.
- The bills’ author only addresses Subchapter D which addresses dogs that cause injury but not serious injury or death. I suspicion the author may have wanted to criminalize any sort of injury a dog inflicts but the other parts of the statute are left intact (Sec. 822, Subchapter A).
- This bill deletes the references to “Dangerous” when referring to dogs, thereby purporting to address all dogs. It deletes the current two-part definition of a dangerous dog (Sec. 822.041 (2)(B))as a dog that makes an unprovoked attack causing injury, or a dog that commits an unprovoked act causing the person to reasonably believe the dog will attack and cause bodily injury. Deleting declaring a dog dangerous for an “unprovoked act” is very desirable because it is too subjective. All a person has to say currently is that a dog did something which made the person believe that the dog was going to attack and cause injury. This bill requires actual injury even though it might be slight. Unfortunately, this bill has many other problems which make it untenable as written.
- The bill keeps intact all sections regarding declaring a dog dangerous, but then makes it an offense for any dog that causes any sort of injury no matter how slight. This bill would apply to dogs that have never been deemed dangerous and who cause injury for the first time. The offense is a Class C misdemeanor unless there is serious injury or death, then it would be a Class A misdemeanor. Those are the punishments currently for someone who is the owner of a dog already declared dangerous.
- Since “injury” is not defined, it could be very minor and is subjective.
- Injury could include being accidentally tripped by an exuberant or happy dog because this bill applies to any injury without limitation and/or definition. It also includes injury like a scratch from a dog this is over zealous in greeting someone and jumps up.
- This bill mandates the killing of any dog that causes any sort of injury. The injury can occur anywhere including in the owner’s own yard or home, but does provide that the attack must be “unprovoked.”
- The bill creates conflict because it leaves intact those sections on how to declare a dog dangerous. Under this bill, all dogs causing any sort of injury even for the first time would be killed, so there is no need for provisions on how to declare a dog dangerous if they are going to be killed after the first incident. There are no second chances even if injury is slight or from a non-threatening dog.
- This bill has glaring contradictions. Currently, the laws are broken down into two sections: those dealing with dogs causing serious bodily injury or death (Subchapter A) and those causing injury only (Subchapter D). Subchapter D also addresses laws concerning dogs already declared dangerous. It appears the author wanted to simplify matters and criminalize all injuries from dogs which trigger a death sentence, but failed to eliminate other sections in conflict with this end, but this cannot be said for sure.
- The bill provides for leash and enclosure requirement but does not apply to unincorporated areas. It requires that dogs in incorporated areas be restrained by a leash or be in a secure enclosure. Therefore, the bill outlaws chaining in incorporated areas by reference. There are exceptions made for dog parks and competitions involving dogs off leash
In a Nutshell:
- Makes any injury caused by a person’s dog a crime including slight injury even if it is the first incident, and can occur anywhere including the person’s own property or house but is not breed specific
- An offense is a Class C misdemeanor unless the attack causes serious bodily injury or death which is a Class A misdemeanor
- Refers to attacks that are unprovoked, so makes an exception for the provoked dog
- Makes it mandatory that any dog that causes injury no matter how slight and even if it is the first time will be destroyed
- Does away with the definition of a dangerous dog that causes injury which is less than serious injury or death because there will not be any dangerous dog declarations since all dogs causing any injury would be destroyed
- Requires dogs in incorporated areas to be leashed or in secure enclosures, so outlaws chaining
- Has many contradictions with current law because it does not eliminate provisions in conflict with proposals (only addresses Subchapter D and does not address Subchapter A)
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