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2006 SESSION

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SB 200 Dogs; regulation of those that may be dangerous.

Introduced by: R. Edward Houck | Frederick M. Quayle | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Control of dangerous and vicious dogs; registry; penalty. Requires the control of dangerous dogs within a statewide mandated framework. The bill imposes criminal penalties ranging from a Class 2 misdemeanor to a Class 6 felony for violations that result in injury to a person or death to a cat or dog. The bill expands the authority to petition a court to find a dog dangerous to any law-enforcement officer and makes that petition mandatory. A Virginia Dangerous Dog Registry is created to be maintained by the State Veterinarian; any change in the status of a dangerous dog is to be promptly submitted in writing. Surrender of a dog that is subject of a pending action to animal control shall not be in lieu of prosecution. The bill also (i) narrows the definition of "dangerous dogs" to include dogs that inflict injury to another cat or dog requiring the animal to be euthanized while also broadening safe harbor provisions; (ii) requires that a dog that has been found to be dangerous or vicious shall be spayed or neutered; and (iii) requires liability insurance in the amount of $100,000 to be purchased by the owner of a dangerous dog, or in lieu of the insurance policy, the owner may obtain a surety bond. This bill is identical to HB 340 and HB 1039.

SUMMARY AS INTRODUCED:

Control of dangerous and vicious dogs, penalty:  Requires the control of dangerous dogs statewide with a mandated framework.  The bill provides criminal penalties for the owners by setting out a penalty scheme ranging from a Class 3 misdemeanor to a Class 5 felony for violations that result in serious injury or death. These penalties would be applicable from the first bite and have stronger penalties once a dog has been adjudicated as dangerous.  The authority to petition a court to find a dog dangerous is expanded to any law enforcement officer and makes that petition mandatory. Any citizen may initiate a complaint with a law enforcement officer or animal control officer.  A Virginia Dangerous Dog Register is created and shall be maintained by the State Veterinarian and published in an accessible website. Owners are required to notify in writing the local animal control officer of any change in the status of their dangerous dog. The bill prohibits the transfer of ownership of any dog declared dangerous, except for surrender to the local animal control, including  the sale, adoption, transfer or foster of dangerous dogs by any animal control officer, pound, shelter, foster care provider or home, dealer, home based rescue or other releasing agency.  The surrender of a dog that is the subject of a pending action to animal control shall not bar prosecution nor be in lieu of prosecution.  The definition of "dangerous dogs" is expanded to include dogs that inflict injury to a companion animal requiring the animal to be euthanized.  A dog that has been found to be dangerous or vicious shall be so considered throughout the Commonwealth. No dog found to be dangerous or vicious shall be imported into the Commonwealth.  The bill requires insurance be maintained for a dangerous dog and raise the policy limit requirement to $300,000 and allows for a surety bond in lieu of an insurance policy.  The leash length for a dangerous dog is limited to not longer than six feet.