[ SHOWGSD-L ] (Fwd) Will HB340 Make You a Criminal? Very Possibly.
- From: RihadinK9@xxxxxxx
- To: showgsd-l@xxxxxxxxxxxxx
- Date: Mon, 30 Jan 2006 00:08:03 EST
(From VHDOA)
Dear Virginia Dog Owners,
Does Virginia need more and tougher dangerous dog laws? Or do other=20
changes make more sense? The emotional reaction to elderly Mrs. Dorothy=20
Sullivan's tragic pit bull mauling last year in Spotsylvania remains very=20
strong. Also extremely disturbing were the children in Orange and Suffolk=20
that were killed by their families' pit bull and Rottweiler in 2005. There=20
were 32 dog killings nationwide last year and three of them happened in=20
Virginia. A few weeks ago, another child, this time in Spotsylvania again,=20
was critically mauled by its next door neighbor's Rottweiler, when he =20
apparently climbed into a fenced yard. The owner of the pits that killed =20
Mrs. Sullivan was tried and found guilty of involuntary manslaughter. She =20
will serve a state prison sentence. The Suffolk Commonwealth's Attorney =20
has announced that he is pursuing second-degree murder charges against =20
the parents in that case. In other states, similar or lesser incidents have=20=
=20
been prosecuted as child abuse or child endangerment felonies. =20
HB340 Control of dangerous or vicious dogs; registry; penalty - is on the=20
General Assembly's House AG Committee agenda for February 1, 2006. If =20
this bill is reported (passes) on Wednesday, it's very likely to become =20
state=20
law. HB340 was introduced by Delegate Orrock from Spotsylavania. A very=20
similar bill, SB200, from Sen. Houck who also represents Spotsylvania =20
County, has already passed the Senate. =20
What few people understand and even fewer are talking about is that if=20
Virginia's current law and Spotsylvania's ordinances had been enforced,=20
the pit pulls that killed Mrs. Sullivan would have earlier been confined or=
=20
euthansized. In the haste to write new law, that's of little consequence=20
today and has been totally ignored. In the press frenzied and emotion-
driven effort to pass additional criminal punishments for the owners of=20
dogs attacking humans, a few legislators have proposed bills that criminall=
y=20
penalize the owners of any dog injuring anyone or anything. The vast=20
majority of the General Assembly won't or haven't even read the bills'=20
language before voting on them. Here is what HB340 includes, for the first=20
dog bite of a human or a "companion animal." =20
=A7 3.1-796.93:1. Control of dangerous or vicious dogs; registry; penalty.=20
"G. Any owner or custodian of a canine or canine crossbreed convicted of=20
owning a dangerous or vicious dog may be subject to the following=20
penalties: a. A Class 4 misdemeanor (maximum penalty of a $250 fine) if=20
such conviction is pursuant to the canine or canine crossbreed having i)=20
injured a companion animal, other than a dog or cat, and such companion=20
animal belongs to another person, ii) killed a companion animal, other than=
=20
a=20
dog or cat, and such companion animal belongs to another person, or iii)=20
having caused bodily injury that results in euthanasia of a companion=20
animal,=20
other than a dog or cat, and such companion animal belongs to another=20
person. Such euthanasia shall be based on the recommendation of a licensed=20
veterinarian upon determination that such euthanasia was necessary due to=20
the condition of the animal; =20
b. A Class 3 misdemeanor (maximum penalty of a $500 fine) if such bite or=20
attack causes bodily injury to a dog or cat, and such dog or cat belongs to=
=20
another person. =20
c. A Class 2 misdemeanor (maximum penalty of 6 months in jail and/or a=20
$1000 fine) (if such bite or attack causes i) bodily injury to a human bein=
g=20
or ii) the death or euthanasia of a dog or cat, and such dog or cat belongs=
=20
to another person. Such euthanasia shall be based on the recommendation of=20
a licensed veterinarian upon determination that such euthanasia was=20
necessary due to the condition of the animal; =20
d. A Class 1 misdemeanor (maximum penalty of 1 year in jail and/or a $2500=20
fine) if such bite or attack causes disfigurement, impairment of health, or=
=20
serious impairment of bodily function to a human being." =20
A ruling that a dog is "dangerous" is virtually preordained, if a complaint=
=20
is=20
filed and pursued. Here are the judicial standards and exceptions under=20
both current and proposed law, =20
"No animal shall be found to be a dangerous dog or vicious dog if the=20
threat, injury or damage was sustained by a person who was (i) committing,=20
at the time, a crime upon the premises occupied by the animal's owner or=20
custodian, (ii) committing, at the time, a willful trespass or other tort=20
upon=20
the premises occupied by the animal's owner or custodian, or (iii)=20
provoking,=20
tormenting, or physically abusing the animal, or can be shown to have=20
repeatedly provoked, tormented, abused, or assaulted the animal at other=20
times. No police dog that was engaged in the performance of its duties as=20
such at the time of the acts complained of shall be found to be a dangerous=
=20
dog or a vicious dog. No animal that, at the time of the acts complained of=
,=20
was responding to pain or injury, or was protecting itself, its kennel, its=
=20
offspring, or its owner or owner's property, shall be found to be a=20
dangerous dog or a vicious dog." =20
Suffice it to say that under current law if a dog is ruled to be "dangerous=
"=20
for attacking a person or a "companion animal," today's requirements for =20
confinement, special licenses and fees and $100,000 dog attack liability =20
insurance coverage will cause an owner to put the dog down, in literally =20
every case. Of course, current law is rarely enforced. The Spotsylvania pit=20=
=20
bulls had previously killed at least one other dog and a cat and were the =20
subjects of repeated neighborhood complaints, including one filed by Mrs. =20
Sullivan herself, before they killed her and her dog. Spotsylvania, Fairfax=20=
=20
and other counties today maintain "dangerous dog lists," similar to those =20
proposed to be kept statewide by the State Vet's Office. But none of the =20
counties are believed to require documentation that the dog is covered by =20
the specific liability insurance required by statute and their own =20
ordinances. Such insurance isn't available in Virginia, except at an =20
astronomical premium. =20
Delegate Orrock's HB340, actively supported by the Virginia animal rights=20
groups and the Virginia Federation of Dog Clubs and Breeders, creates new,=20
first incident dog owner criminal penalties for any animal that injures=20
someone or something. Previously such an owner could only be sued for civil=
=20
damages, which of course is still the case. The bill also piles on more dog=
=20
related penalties, such as a $300,000 dog attack insurance rider or surety=20
bond and full time leashing, further ensuring the animal will be immediatel=
y=20
destroyed, if the law's enforced. After the deaths of Mrs. Sullivan and two=
=20
children kill by their families' dogs last year, dog bite law enforcement i=
s=20
certain to be enhanced. The question is which law? =20
What are the chances of HB340 making you a criminal and personally=20
subject to jailing and/or heavy fines? =20
Probably better than you think. My dogs will kill a groundhog or a cat in a=
n=20
eye-blink. The first's not illegal, but if the second is reported, even if=20
it's a=20
feral cat on my own property, it could cost me six months in jail and a=20
$1000 fine. It will also mean my dog's life, if current or proposed Virgini=
a=20
law is applied as written. Injuring other dogs, cats, pet rabbits, hamsters=
=20
and snakes entail lesser punishments for me, but not my dog. =20
No dog should never injure a human. That just can't be tolerated under any=20
circumstances and is irresponsible owner behavior, even when young dogs=20
are involved. Unfortunately, there are far too many instances of dog bite=20
injuries today. The vast majority of biting dogs (77%) belong to the=20
victim's=20
family or a friend. Many bites involve young children. What's the situation=
=20
in Virginia? Does the fact that three of the fatal 32 nationwide deaths in=20
2005 occurred here justify new, emotion-driven dangerous dog laws, or do=20
those devastating and tragic deaths demand better, more consistent=20
enforcement of existing laws? Another area that literally cries out for=20
attention is intensified dog owner training, especially for those owners of=
=20
the two or three breeds almost exclusively associated with the killing,=20
crippling and disfiguring of humans. =20
2001 statistics published by the Federal Center for Disease Control,=20
updated for 2005 national dog populations and prorated for Virginia's 2.2%=20
dog share, indicate that our state may have had 115,000 human dog bite=20
incidents last year, nearly 20,000 of which required some level of medical=20
care. Are our legislators, animal control officers and judges prepared to=20
jail 115,000, or even 20,000 dog owners annually? HB340, currently before=20
the General Assembly's House Agriculture Committee, would leave them=20
little choice. Are you likely to be ruled a criminal under any part of=20
HB340?=20
HB1039, which is limited to truly reckless dog owner behavior, creates a=20
single new Class 6 animal attack felony punishment and is the better=20
written, more focused and responsible bill. =20
=A7 18.2-54.3. Certain conduct with animals punishable as felony.=20
"A. Any owner or custodian whose willful act or omission in the care,=20
control, or containment of a dog or other animal is so gross, wanton, and=20
culpable as to show a reckless disregard for human life, and is the=20
proximate cause of such dog or other animal attacking and severely injuring=
=20
any person, shall be guilty of a Class 6 felony. The fact that such dog or=20
other animal has previously inflicted serious bodily injury or death on a=20
person, and at the time of the attack was roaming at large unsupervised,=20
shall be prima facie evidence of the owner's or custodian's reckless=20
disregard for human life. =20
B. The provisions of this section shall not apply when the victim of the=20
attack was: (i) committing, at the time, a crime other than trespass upon=20
the=20
premises occupied by the animal's owner or custodian; (ii) an adult and was=
=20
committing, at the time, a willful trespass or other tort upon the premises=
=20
occupied by the animal's owner or custodian; or (iii) provoking, tormenting=
,=20
or physically abusing the animal, or can be shown to have repeatedly=20
provoked, tormented, abused, or assaulted the animal at other times.=20
However, in the event the animal responsible for the death is a dog that ha=
s=20
previously been declared dangerous or vicious, pursuant to an ordinance=20
enacted in accordance with =A7 3.1-796.93:1, the provisions set forth in=20
subdivisions (i), (ii), and (iii) of this subsection shall not apply unless=
,=20
at the=20
time of the attack, the dog is securely confined indoors in a manner=20
consistent with subdivisions 4 and 5 of subsection B of =A7 3.1-796.93:1."=20=
=20
Please urge the House Agriculture Committee to *Vote NO on HB340* and to=20
support HB1039. Contact information may be found at =20
http://vhdoa.uplandbirddog.com/VA.AG.Ctmes.html=20
HB340 and its possible owner criminal penalties for normal dog behavior=20
lives or dies on February 1, 2006. =20
Forwarding and cross posts encouraged. Thank you.
Sincerely,
Bob Kane, President
Virginia Hunting Dog Owners' Association
http://vhdoa.uplandbirddog.com/
Ginger Cleary, Rome, GA
"One of the greatest delusions of the world is the HOPE that the EVILS of
this world are to be CURED BY LEGISLATION." Thomas B. Reed 1886
http://www.rihadin.com =20
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