SB 88

Current law prohibits a person from possessing a firearm if he or she is a felony

offender. A person is a felony offender if any of the following applies: 1) he or she

has been found guilty of a felony; 2) he or she has been adjudicated delinquent as a

juvenile for an act that would have been a felony if it had been committed by an adult;

or 3) he or she has been found not guilty of a felony by reason of mental disease,

defect, or illness. If a felony offender violates the prohibition against possessing a

firearm, he or she may be fined not more than $25,000 or imprisoned for not more

than ten years, or both.

This bill prohibits, for a specified period of time, certain felony offenders from

possessing, controlling, or residing with a vicious dog, as determined by a humane

officer or a law enforcement officer, and from possessing a dog that does not have an

identification microchip implanted in it. These prohibitions apply to persons whose

status as felony offenders is based on the commission of an act that is classified under

the bill as a serious felony (serious felony offenders). A serious felony offender who

violates any of the prohibitions may be fined up to $10,000 or imprisoned for up to

nine months, or both. If a serious felony offender violates the prohibition against

possessing, controlling, or residing with a vicious dog and a person or an animal

suffers great bodily harm or death due to the violation, the serious felony offender

may be fined up to $10,000 or imprisoned for up to three years and six months, or

both. If a serious felony offender violates the prohibition against possessing,

controlling, or residing with a vicious dog and a person suffers great bodily harm or

death due to the violation and the person knowingly allowed the dog to run loose or

failed to take steps to control the dog, the serious felony offender may be fined up to

$10,000 or imprisoned for up to six years, or both.

Unless the serious felony offender is on extended supervision or another

supervised status (extended supervision), these prohibitions apply to the serious

felony offender for a period of ten years following: 1) any period of incarceration for

the serious felony; 2) the conviction for the serious felony if the sentence does not

include a period of incarceration; 3) the delinquency adjudication for the serious

felony; or 4) the finding of not guilty of the serious felony by reason of insanity or

mental disease, defect, or illness. If the serious felony offender is on extended

supervision, the prohibition period applies until he or she is no longer on extended

supervision.

Under this bill, a serious felony offender may request an exemption from the

prohibitions if the exemption is reasonably needed to earn a livelihood or as a

condition of employment and will not endanger public safety. A serious felony

offender seeking an exemption must file a motion in the circuit court for the county

in which he or she will possess, control, or reside with the vicious dog or possess a dog

without an identification microchip. The serious felony offender must provide a copy

of the motion to the district attorney for that county, who must in turn make a