Introduced Version




SENATE BILL No. 190

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 15-5-12-1 ; IC 15-5-12-3 .

Synopsis: Dog attacks. Specifies that a dog owner may be held civilly liable if the owner's dog attacks someone, even if the attack occurs on the dog owner's property. Provides that the owner of a dog that attacks another person may be criminally liable for failing to reasonably restrain the dog, even if the dog attack occurs on the dog owner's property.

Effective: July 1, 2003.



Simpson


    January 7, 2003, read first time and referred to Committee on Criminal, Civil and Public Policy.




Introduced

First Regular Session 113th General Assembly (2003)


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SENATE BILL No. 190


    A BILL FOR AN ACT to amend the Indiana Code concerning agriculture and animals.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 15-5-12-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1. If a dog, without provocation, bites any person who is acting peaceably conducting himself in any place where he the person:
        (1) has the right to be; or
        (2) may be required to go for the purpose of discharging any duty imposed upon him by the laws or Constitution of this state or by the State of Indiana, the laws or Constitution of the United States, or postal regulations of the United States of America;
the owner of such dog may be held civilly liable for any damages suffered by the person bitten, regardless of the former viciousness of such dog, or the owner's knowledge of such viciousness, or the fact that the bite occurred on the dog owner's property.
    SECTION 2. IC 15-5-12-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 3. (a) Except as provided in subsection (b), an owner of a dog commits a Class C

misdemeanor if the owner recklessly, knowingly, or intentionally fails to take reasonable steps to restrain the dog and,
        (1) the dog enters property other than the property of the dog's owner; and
        (2) as the result of the failure to restrain the dog, the dog bites or attacks another person resulting in unprovoked bodily injury to the other person.
except as provided in subsection (b).
    (b) The offense under subsection (a) is:
        (1) a Class B misdemeanor if the person has been convicted of one (1) previous unrelated violation of this section;
        (2) a Class A misdemeanor if:
            (A) the person has been convicted of more than one (1) previous unrelated violation of this section; or
            (B) the violation results in serious bodily injury to a person;
        (3) a Class D felony if the owner recklessly violates this section and the violation results in the death of a person; and
        (4) a Class C felony if the owner intentionally or knowingly violates this section and the violation results in the death of a person.
     (c) It is not a defense to an offense under subsection (a) that the dog bite or attack occurred on the dog owner's property if:
        (1) the victim was required to enter the dog owner's property for the purpose of discharging any duty imposed upon the victim by the laws or Constitution of the State of Indiana, the laws or Constitution of the United States, or postal regulations of the United States of America; or
        (2) the victim reasonably believed that the victim was permitted to enter the dog owner's property.
    SECTION 3. [EFFECTIVE JULY 1, 2003] (a) IC 15-5-12-1 , as amended by this act, applies only to causes of action arising after June 30, 2003.
    (b) IC 15-5-12-3 , as amended by this act, applies to offenses committed after June 30, 2003.