SB 238

Under current law, no person may do any of the following to any animal that is used by a law enforcement agency or fire department to perform agency or department functions or duties: frighten, intimidate, threaten, abuse or harass the animal; strike, shove, kick or otherwise subject the animal to physical contact; or strike the animal by using a dangerous weapon. Under current law, any person who does any of those actions is subject to a Class B forfeiture, or, if the person knows the animal is a police or fire dog, is guilty of a Class A misdemeanor. Any person who intentionally does any of those actions and causes injury to the animal is guilty of a Class I felony, and any person who intentionally does any of those actions and causes death of the animal is guilty of a Class H felony. Additionally, for such a violation, a sentencing court must require a criminal violator to pay restitution, including veterinary care expenses or the value of a replacement animal.

This bill expands this prohibition to include search and rescue dogs in addition to animals that are used by a law enforcement agency or fire department to perform agency or department functions or duties. Under the bill, “search and rescue dog” means a dog that has been trained or is being trained by a state or nationally recognized search and rescue agency to locate lost or missing individuals and victims of disasters in search and rescue activities.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.