Bill Text: MN SF121 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Public safety dogs injury penalties increase and mandatory restitution requirement
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2011-03-03 - HF substituted on General Orders HF141 [SF121 Detail]
Download: Minnesota-2011-SF121-Engrossed.html
1.2relating to public safety; increasing penalties for injuring public safety dogs;
1.3amending Minnesota Statutes 2010, section 609.596.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 609.596, is amended to read:
1.6609.596 KILLING OR HARMING PUBLIC SAFETY DOG.
1.7 Subdivision 1. Felony. It is a felony for any person to intentionally and without
1.8justification cause the death of or great or substantial bodily harm to a police dog, a search
1.9and rescue dog, or an arson dog when the dog is involved in law enforcement, fire, or
1.10correctional investigation or apprehension, search and rescue duties, or the dog is in
1.11the custody of or under the control of a peace officer, a trained handler, or an employee
1.12of a correctional facility. A person convicted under this subdivision may be sentenced
1.13to imprisonment for not more than two years or to payment of a fine of not more than
1.14$5,000, or both.In lieu of a fine, the court may order the defendant to pay restitution to the
1.15owner to replace the police dog, search and rescue dog, or arson dog, in an amount not
1.16to exceed $5,000.
1.17 Subd. 2. Gross misdemeanor. It is a gross misdemeanor for any person to
1.18intentionally and without justification causesubstantial or great demonstrable bodily harm
1.19to a police dog, search and rescue dog, or an arson dog when the dog is involved in law
1.20enforcement, fire, or correctional investigation or apprehension, search and rescue duties,
1.21or the dog is in the custody of or under the control of a peace officer, a trained handler,
1.22or an employee of a correctional facility.
1.23 Subd. 2a. Misdemeanor. It is a misdemeanor for any person to intentionally and
1.24without justification assault a police dog, search and rescue dog, or an arson dog when the
2.1dog is involved in law enforcement, fire, or correctional investigation or apprehension,
2.2search and rescue duties, or the dog is in the custody of or under the control of a peace
2.3officer, a trained handler, or an employee of a correctional facility.
2.4 Subd. 2b. Mandatory restitution. The court shall order a person convicted of
2.5violating this section to pay restitution for the costs and expenses resulting from the
2.6crime. Costs and expenses include, but are not limited to, the purchase and training of
2.7a replacement dog and veterinary services for the injured dog. If the court finds that
2.8the convicted person is indigent, the court may reduce the amount of restitution to a
2.9reasonable level or order it paid in installments.
2.10 Subd. 3. Definitions. As used in this section:
2.11(1) "arson dog" means a dog that has been certified as an arson dog by a state fire
2.12or police agency or by an independent testing laboratory;
2.13(2) "correctional facility" has the meaning given in section241.021, subdivision 1 ,
2.14paragraph (f);
2.15(3) "peace officer" has the meaning given in section626.84, subdivision 1 , paragraph
2.16(c); and
2.17(4) "search and rescue dog" means a dog that is trained to locate lost or missing
2.18persons, victims of natural or other disasters, and human bodies.
2.19EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
2.20committed on or after that date.
1.3amending Minnesota Statutes 2010, section 609.596.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 609.596, is amended to read:
1.6609.596 KILLING OR HARMING PUBLIC SAFETY DOG.
1.7 Subdivision 1. Felony. It is a felony for any person to intentionally and without
1.8justification cause the death of or great or substantial bodily harm to a police dog, a search
1.9and rescue dog, or an arson dog when the dog is involved in law enforcement, fire, or
1.10correctional investigation or apprehension, search and rescue duties, or the dog is in
1.11the custody of or under the control of a peace officer, a trained handler, or an employee
1.12of a correctional facility. A person convicted under this subdivision may be sentenced
1.13to imprisonment for not more than two years or to payment of a fine of not more than
1.14$5,000, or both.
1.15
1.16
1.17 Subd. 2. Gross misdemeanor. It is a gross misdemeanor for any person to
1.18intentionally and without justification cause
1.19to a police dog, search and rescue dog, or an arson dog when the dog is involved in law
1.20enforcement, fire, or correctional investigation or apprehension, search and rescue duties,
1.21or the dog is in the custody of or under the control of a peace officer, a trained handler,
1.22or an employee of a correctional facility.
1.23 Subd. 2a. Misdemeanor. It is a misdemeanor for any person to intentionally and
1.24without justification assault a police dog, search and rescue dog, or an arson dog when the
2.1dog is involved in law enforcement, fire, or correctional investigation or apprehension,
2.2search and rescue duties, or the dog is in the custody of or under the control of a peace
2.3officer, a trained handler, or an employee of a correctional facility.
2.4 Subd. 2b. Mandatory restitution. The court shall order a person convicted of
2.5violating this section to pay restitution for the costs and expenses resulting from the
2.6crime. Costs and expenses include, but are not limited to, the purchase and training of
2.7a replacement dog and veterinary services for the injured dog. If the court finds that
2.8the convicted person is indigent, the court may reduce the amount of restitution to a
2.9reasonable level or order it paid in installments.
2.10 Subd. 3. Definitions. As used in this section:
2.11(1) "arson dog" means a dog that has been certified as an arson dog by a state fire
2.12or police agency or by an independent testing laboratory;
2.13(2) "correctional facility" has the meaning given in section
2.14paragraph (f);
2.15(3) "peace officer" has the meaning given in section
2.16(c); and
2.17(4) "search and rescue dog" means a dog that is trained to locate lost or missing
2.18persons, victims of natural or other disasters, and human bodies.
2.19EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
2.20committed on or after that date.
