Georgia House of Representatives - 1995/1996 Sessions

HB 655 - Accelerant detection dog; penalty for destroying or injuring

Page Numbers - 1/ 2

Code Sections - 16-11-107

1. Watson  139th


House Comm: SJudy      /                Senate Comm: S Judy     /                                   
House Vote: Yeas 143   Nays 0           Senate Vote: Yeas 50  Nays 0                                
              ----------------------------------------                                              
               House          Action         Senate                                                 
              ----------------------------------------                                              
              2/9/95   Read 1st Time         3/1/95                                                 
              2/10/95  Read 2nd Time         3/10/95                                                
              2/22/95  Favorably Reported    3/9/95*                                                
                       Recommitted           1/8/96                                                 
              2/28/95  Read 3rd Time         1/8/96                                                 
              2/28/95  Passed/Adopted        3/13/96                                                
              3/19/96  Sent to Governor                                                             
              4/1/96   Signed by Governor                                                           
              657      Act/Veto Number                                                              
              7/1/96   Effective Date                                                               
              ----------------------------------------                                              
Favorably Reported 2/9/96                                                                           
                                                                                                    
Code Sections amended: 16-11-107                                                                    


HB 655                                            LC 10 1166






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Part 1 of Article 4 of Chapter 11 of Title 16 of
  1- 2  the Official Code of Georgia Annotated, relating to general
  1- 3  provisions concerning offenses involving dangerous
  1- 4  instrumentalities and practices, so as to change the
  1- 5  definition of the offense of destroying or injuring a police
  1- 6  dog; to make it unlawful to knowingly and intentionally
  1- 7  destroy or cause serious or debilitating physical injury to
  1- 8  an accelerant detection dog; to provide penalties; to repeal
  1- 9  conflicting laws; and for other purposes.

  1-10       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-11  Part 1 of Article 4 of Chapter 11 of Title 16 of the
  1-12  Official Code of Georgia Annotated, relating to general
  1-13  provisions concerning offenses involving dangerous
  1-14  instrumentalities and practices, is amended by striking in
  1-15  its entirety Code Section 16-11-107, relating to the offense
  1-16  of destroying or injuring a police dog, and inserting in
  1-17  lieu thereof a new Code Section 16-11-107 to read as
  1-18  follows:

  1-19    "16-11-107. (Index)

  1-20    (a) As used in this Code section, the term:

  1-21      (1) 'Accelerant detection dog' means a dog trained to
  1-22      detect hydrocarbon substances.

  1-23      (1)(2) 'Bomb detection dog" means a dog trained to
  1-24      locate bombs or explosives by scent.

  1-25      (2)(3) 'Firearms detection dog' means a dog trained to
  1-26      locate firearms by scent.

  1-27      (3)(4) 'Narcotic detection dog' means a dog trained to
  1-28      locate narcotics by scent.

  1-29      (4)(5) 'Narcotics' means any controlled substance as
  1-30      defined in paragraph (4) of Code Section 16-13-21 and



                                 -1- (Index)

                                                  LC 10 1166

  2- 1      shall include marijuana as defined by paragraph (16) of
  2- 2      Code Section 16-13-21.

  2- 3      (5)(6) 'Patrol dog' means a dog trained to protect a
  2- 4      peace officer and to apprehend or hold without excessive
  2- 5      force a person in violation of the criminal statutes of
  2- 6      this state.

  2- 7      (6)(7) 'Police dog' means a bomb detection dog, a
  2- 8      firearms detection dog, a narcotic detection dog, a
  2- 9      patrol dog, an accelerant detection dog, or a tracking
  2-10      dog used by a law enforcement agency.

  2-11      (7)(8) 'Tracking dog' means a dog trained to track and
  2-12      find a missing person, escaped inmate, or fleeing felon.

  2-13    (b) Any person who knowingly and intentionally destroys or
  2-14    causes serious or debilitating physical injury to a police
  2-15    dog, knowing said dog to be a police dog, shall be guilty
  2-16    of a felony and, upon conviction thereof, shall be
  2-17    punished by imprisonment for not less than one nor more
  2-18    than five years, or a fine not to exceed $10,000.00, or
  2-19    both.  This subsection shall not apply to the destruction
  2-20    of a police dog for humane purposes."

                         SECTION 2.

  2-21  All laws and parts of laws in conflict with this Act are
  2-22  repealed.






















                                 -2- (Index)