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04 LC 29 1205S/AP
House Bill 211 (AS PASSED HOUSE
AND SENATE)
By: Representatives Rice of the 64th, Millar of the 52nd, Dix of the 70th, Post 2, Sholar of the 141st, Post 1, and Jenkins of the 93rd
By: Representatives Rice of the 64th, Millar of the 52nd, Dix of the 70th, Post 2, Sholar of the 141st, Post 1, and Jenkins of the 93rd
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Titles 16 and 30 of the Official Code of Georgia
Annotated, relating respectively to crimes and offenses and handicapped persons,
so as to provide enhanced penalties for certain acts related to assistance dogs;
to provide for definitions; to change provisions relating to assaulting,
beating, harassing, or injuring guide or dogs assisting disabled persons; to
provide for limitations; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Title 16 of the Official Code of Georgia Annotated, relating
to crimes and offenses, is amended by adding a new Code section to follow Code
Section 16-11-107, relating to destroying or injuring a police dog or police
horse, to read as
follows:
"16-11-107.1.
(a) As used in this Code section, the term:
(1) 'Assistance dog' means a dog that is or has been trained by a licensed or certified person, organization, or agency to perform physical tasks for a physically challenged person. Assistance dogs include guide or leader dogs that guide individuals who are legally blind; hearing dogs that alert individuals who are deaf or hard of hearing to specific sounds; and service dogs for individuals with disabilities other than blindness or deafness, which are trained to perform a variety of physical tasks, including, but not limited to, pulling a wheelchair, lending balance support, picking up dropped objects, or providing assistance in a medical crisis.
(2) 'Harass' means to engage in any conduct directed toward an assistance dog that is knowingly likely to impede or interfere with the assistance dog´s performance of its duties or that places the blind, deaf, or physically limited person being served or assisted by the dog in danger of injury.
(3) 'Notice' means an oral or otherwise communicated warning proscribing the behavior of another person and a request that the person stop the particular behavior.
(b) Any person who knowingly and intentionally harasses or attempts to harass an assistance dog, knowing the dog to be an assistance dog, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment for not less than 90 days or a fine not to exceed $500.00, or both.
(c) Any person who has received notice that his or her behavior is interfering with the use of an assistance dog who continues to knowingly and intentionally harass an assistance dog, knowing the dog to be an assistance dog, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment for not less than 90 days or a fine not to exceed $500.00, or both, provided that any person who is convicted of a second or subsequent violation of this subsection shall be punished as for a misdemeanor of a high and aggravated nature.
(d) Any person who knowingly and intentionally allows his or her dog to harass an assistance dog, knowing the dog to be an assistance dog, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment for not less than 90 days or a fine not to exceed $500.00, or both, provided that any person who is convicted of a second or subsequent violation of this subsection shall be punished as for a misdemeanor of a high and aggravated nature.
(e) Any person who knowingly and intentionally allows his or her dog to cause death or physical harm to an assistance dog by rendering a part of the assistance dog´s body useless or by seriously disfiguring the assistance dog, knowing the dog to be an assistance dog, shall be punished as for a misdemeanor of a high and aggravated nature."
"16-11-107.1.
(a) As used in this Code section, the term:
(1) 'Assistance dog' means a dog that is or has been trained by a licensed or certified person, organization, or agency to perform physical tasks for a physically challenged person. Assistance dogs include guide or leader dogs that guide individuals who are legally blind; hearing dogs that alert individuals who are deaf or hard of hearing to specific sounds; and service dogs for individuals with disabilities other than blindness or deafness, which are trained to perform a variety of physical tasks, including, but not limited to, pulling a wheelchair, lending balance support, picking up dropped objects, or providing assistance in a medical crisis.
(2) 'Harass' means to engage in any conduct directed toward an assistance dog that is knowingly likely to impede or interfere with the assistance dog´s performance of its duties or that places the blind, deaf, or physically limited person being served or assisted by the dog in danger of injury.
(3) 'Notice' means an oral or otherwise communicated warning proscribing the behavior of another person and a request that the person stop the particular behavior.
(b) Any person who knowingly and intentionally harasses or attempts to harass an assistance dog, knowing the dog to be an assistance dog, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment for not less than 90 days or a fine not to exceed $500.00, or both.
(c) Any person who has received notice that his or her behavior is interfering with the use of an assistance dog who continues to knowingly and intentionally harass an assistance dog, knowing the dog to be an assistance dog, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment for not less than 90 days or a fine not to exceed $500.00, or both, provided that any person who is convicted of a second or subsequent violation of this subsection shall be punished as for a misdemeanor of a high and aggravated nature.
(d) Any person who knowingly and intentionally allows his or her dog to harass an assistance dog, knowing the dog to be an assistance dog, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment for not less than 90 days or a fine not to exceed $500.00, or both, provided that any person who is convicted of a second or subsequent violation of this subsection shall be punished as for a misdemeanor of a high and aggravated nature.
(e) Any person who knowingly and intentionally allows his or her dog to cause death or physical harm to an assistance dog by rendering a part of the assistance dog´s body useless or by seriously disfiguring the assistance dog, knowing the dog to be an assistance dog, shall be punished as for a misdemeanor of a high and aggravated nature."
SECTION 2.
Title 30 of the Official Code of Georgia Annotated, relating
to handicapped persons, is amended by striking Code Section 30-1-6, relating to
assaulting, beating, harassing, or injuring guide or dogs assisting disabled
persons, and inserting in lieu thereof the
following:
"30-1-6.
(a)
It shall be unlawful for any person
to:
(1) Willfully and maliciously
assault, beat, harass, injure, or attempt to assault, beat, harass, or injure a
dog that he or she knows or has reason to believe is a guide or leader dog for a
blind individual, a hearing dog for a deaf or audibly impaired individual, or a
service dog for a physically limited individual;
and
(2) Willfully and maliciously
impede or interfere with, or attempt to impede or interfere with, duties
performed by a dog that he or she knows or has reason to believe is a guide or
leader dog for a blind individual, a hearing dog for a deaf or audibly impaired
individual, or a service dog for a physically limited
individual.
(b) As used in subsection
(a) of this Code section, the term 'harass' means to engage in any conduct
directed toward a guide, leader, hearing, or service dog that is likely to
impede or interfere with the
dog´s
performance of its duties or that places the blind, deaf, or physically limited
person being served or assisted by the dog in danger of
injury.
(c) Any person who violates
subsection (a) of this Code section shall be guilty of a misdemeanor punishable
by imprisonment for not more than 90 days or a fine of not more than $500.00, or
both.
(d) In a prosecution for a
violation of subsection (a) of this Code section, evidence that the defendant
initiated or continued conduct directed toward a dog described in subsection (a)
of this Code section after being requested to avoid or discontinue that conduct
or similar conduct by a blind, deaf, audibly impaired, or physically limited
individual being served or assisted by the dog shall give rise to a rebuttable
presumption that the conduct was initiated or continued
maliciously.
(e) A conviction and
imposition of a sentence under this Code section shall not prevent a conviction
and imposition of a sentence under any other applicable provision of law.
Reserved."
"30-1-6.
SECTION 3.
All laws and parts of laws in conflict with this Act are
repealed.