Bill Text: DE HB173 | 2017-2018 | 149th General Assembly | Draft
Bill Title: An Act To Amend Title 11, 16 And 29 Of The Delaware Code Related To Dangerous Animals And Animal Welfare Laws.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Passed) 2017-07-21 - Signed by Governor [HB173 Detail]
Download: Delaware-2017-HB173-Draft.html
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SPONSOR: |
Rep. Jaques & Sen. Henry |
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Reps. Viola, Wilson; Sen. Marshall |
HOUSE OF REPRESENTATIVES
149th GENERAL ASSEMBLY
HOUSE BILL NO. 173
AN ACT TO AMEND TITLE 11, 16 AND 29 OF THE DELAWARE CODE RELATED TO DANGEROUS ANIMALS AND ANIMAL WELFARE LAWS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend §§ 3031F – 3035F, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:
(b) Any animal welfare officer having probable cause to believe a violation of § 3044F of this title has or is taking place may enter upon the premises of the owner or custodian of any dog subject to such violation for purposes of investigating whether a violation of § 3044F of this title has occurred, provided that the investigation can be conducted without the animal welfare officer having to enter a dwelling house or other structure used in connection therewith. An animal welfare officer may enter into a dwelling house or other structure only under either of the following circumstances:
(1) With the permission of the owner or occupant of the dwelling house or other structure.
(2) Pursuant to a legally obtained search warrant
.
and while accompanied by a police officer. The animal welfare officer is not required to be accompanied by a police officer under this subsection if the animal welfare office is also a police officer as that term is defined in § 1911 of Title 11.
Section 3. Amend §3073F, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:
§ 3073F. Seizure and impoundment of dangerous or potentially dangerous dogs; notification of dog owner; hearing procedures.
(a) An animal welfare officer shall seize and impound a dog suspected of being dangerous or potentially dangerous when the officer has reasonable cause to believe that the dog has engaged in 1 or more of the following:
(1) Killed or inflicted physical injury or serious physical injury upon a human being.
(2) Killed or inflicted serious physical injury upon a domestic animal, provided the domestic animal was on the property of its owner or under the immediate control of its owner.
(3) Chased or pursued a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack on 2 separate occasions within a 12-month period.
(4)
[Repealed.]
Caused physical injury to a domestic animal, provided the domestic animal was on the property of its owner or under the control of its owner, on more than one occasion in a 12 month period.
(b) Any dog seized pursuant to this section shall be impounded until a final disposition as to whether the dog is dangerous or potentially dangerous. The Department shall take all reasonable action to determine the identity of the owner of the impounded dog. If the owner cannot be identified within 5 days of the dog's impoundment, unless earlier disposal is recommended by a doctor of veterinary services, the Department may dispose of the dog in accordance with this subchapter.
(c) The owner of any seized and impounded dog has a right to a hearing to determine whether the dog is dangerous or potentially dangerous.
(1) The Justice of the Peace Court is the Court of original and exclusive jurisdiction for hearings under this subsection.
(2)
Unless the owner agrees to the proposed conditions, the
The
Department shall file a civil action with the Justice of the Peace Court within
72 hours
5 business days after impoundment of the dog and
of the
identification of the dog's owner and notice to the owner
.
Unless the owner agrees to proposed conditions.
Section 4. Amend §§3076F – 3081F, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:
Section 5. Amend §1327, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:
§ 1327. Maintaining a dangerous animal; class E felony; class F felony; class A misdemeanor.
(b) For the purposes of this section, "dangerous animal" means any dog or other animal which:
(1) Had been declared dangerous or potentially dangerous by the
Dog Control Panel
Justice of the Peace Court
pursuant to subchapter
III
V
of Chapter
17
30F
of Title
7
16
;
(2) Had been trained for animal fighting, or that has been used primarily or occasionally for animal fighting;
(3) Had been intentionally trained so as to increase its viciousness, dangerousness or potential for unprovoked attacks upon human beings or other animals; or
(4) Has an individualized and known propensity, tendency or disposition, specific to the individual dog, for viciousness, dangerousness or unprovoked attacks upon human beings or other animals.
Section 6. Amend §5916, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:
§ 5916. Uniform pay plan; hazardous duty pay.
SYNOPSIS
This bill brings animal control laws up to date with the office of animal welfare authority. The bill updates the dangerous dog law to allow for more thorough investigation prior to civil filings, add provisions for dogs that repeatedly attack or threaten to attack people and animals in the community, and establishes a deadline for filing appeals after dangerous dog rulings. Finally, the bill recognizes enforcement actions of animal welfare officers within the law pertaining to Hazard Pay.
