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2019 SESSION

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HB 2745 Dangerous dog; deferral of proceedings, removal of finding.

Introduced by: Patrick A. Hope | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Dangerous dog; deferral of proceedings. Authorizes a court to defer proceedings in the adjudication of an animal as a dangerous dog. Such authority requires the court to place conditions upon the owner of the animal, the violation of which shall authorize the court to proceed as it otherwise would have. The bill provides that upon the fulfillment of the conditions, the court shall dismiss the proceedings against the animal and the owner.

SUMMARY AS INTRODUCED:

Dangerous dog; deferral of proceedings; removal of finding. Authorizes a court to defer proceedings in the adjudication of an animal as a dangerous dog. Such authority requires the court to place conditions upon the owner of the animal, the violation of which shall authorize the court to proceed as it otherwise would have. The bill provides that upon the fulfillment of the conditions, the court shall dismiss the proceedings against the animal and the owner.

The bill allows the owner of an animal found to be a dangerous dog to petition the court for the removal of such finding after two years. The bill, which directs the court to take into consideration the views of the appropriate animal control officer and the compliance of the owner with the dangerous dog law, authorizes the court to remove the dangerous dog finding upon a determination that the cause for the finding has ceased to exist or that the animal does not otherwise constitute a threat to the safety and welfare of the community. The bill provides that such removal shall not affect the status of the animal as having been previously declared a dangerous dog or relieve the owner of any payment obligation imposed pursuant to the original dangerous dog finding.