Guide Dog Protection Laws for Several States

Note:

If changes or additions to the laws cited are known by any of the readers of this page, please be sure to notify the GDUA webmaster.

Links to States:


Arizona
California
Colorado
Connecticut
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Kentucky
Maine
MASSACHUSETTS
Michigan
Minnesota
New York
New Mexico
Nevada
North Carolina
Oregon
Pennsylvania
Rhode Island
South Carolina
Texas
Utah
Washington

Arizona

HB2036 - Conference Engrossed

State of Arizona
House of Representatives
Forty-fifth Legislature
Second Regular Session
2002

HOUSE BILL 2036
 
AN ACT
AMENDING SECTION 13-2910, ARIZONA REVISED STATUTES; RELATING TO OFFENSES AGAINST
PUBLIC ORDER.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-2910, Arizona Revised Statutes, is amended to read:
13-2910. Cruelty to animals; interference with working or service animal; classification; definitions
A. A person commits cruelty to animals if the person does any of the following:
1. Intentionally, knowingly or recklessly subjects any animal under the person's custody or control to cruel neglect or abandonment.
2. Intentionally, knowingly or recklessly fails to provide medical attention necessary to prevent protracted suffering to any animal under the person's custody or control.
3. Intentionally, knowingly or recklessly inflicts unnecessary physical injury to any animal.
4. Recklessly subjects any animal to cruel mistreatment.
5. Intentionally, knowingly or recklessly kills any animal under the custody or control of another person without either legal privilege or consent of the owner.
6. Recklessly interferes with, kills or harms a working or service animal without either legal privilege or consent of the owner.
7. INTENTIONALLY, KNOWINGLY OR RECKLESSLY LEAVES AN ANIMAL UNATTENDED AND CONFINED IN A MOTOR VEHICLE AND PHYSICAL INJURY TO OR DEATH OF THE ANIMAL IS LIKELY TO RESULT.
8. Intentionally or knowingly subjects any animal under the person's custody or control to cruel neglect or abandonment that results in serious physical injury to the animal.
9. Intentionally or knowingly subjects any animal to cruel mistreatment.
10. Intentionally or knowingly interferes with, kills or harms a working or service animal without either legal privilege or consent of the owner.
11. INTENTIONALLY OR KNOWINGLY ALLOWS ANY DOG THAT IS UNDER THE PERSON'S CUSTODY
OR CONTROL TO INTERFERE WITH, KILL OR CAUSE PHYSICAL INJURY TO A SERVICE ANIMAL.
12. RECKLESSLY ALLOWS ANY DOG THAT IS UNDER THE PERSON'S CUSTODY OR CONTROL TO
INTERFERE WITH, KILL OR CAUSE PHYSICAL INJURY TO A SERVICE ANIMAL.
13. INTENTIONALLY OR KNOWINGLY OBTAINS OR EXERTS UNAUTHORIZED CONTROL OVER A
SERVICE ANIMAL WITH THE INTENT TO DEPRIVE THE SERVICE ANIMAL HANDLER OF THE SERVICE ANIMAL.
B. It is a defense to subsection A of this section if:
1. Any person exposes poison to be taken by a dog which THAT has killed or wounded livestock or poison to be taken by predatory animals on premises owned, leased or controlled by the person for the purpose of protecting the person or the person's livestock or poultry, and the treated property is kept posted by the person who authorized or performed the treatment until the poison has been removed, and the poison is removed by the person exposing the poison after the threat to the person, or the person's livestock or poultry has ceased to exist.
The posting required shall provide adequate warning to persons who enter the property by the point or points of normal entry. The warning notice which THAT is posted shall be readable at a distance of fifty feet, shall contain a poison statement and symbol and shall state the word "danger" or "warning".
2. Any person uses poisons in and immediately around buildings owned, leased or controlled by the person for the purpose of controlling wild and domestic rodents as otherwise allowed by the laws of the state, excluding any fur-bearing animals as defined in section 17-101.
C. This section does not prohibit or restrict:
1. The taking of wildlife or other activities permitted by or pursuant to title 17.
2. Activities permitted by or pursuant to title 3.
3. Activities regulated by the Arizona game and fish department or the Arizona department of agriculture.
D. A PEACE OFFICER, ANIMAL CONTROL ENFORCEMENT AGENT OR ANIMAL CONTROL ENFORCEMENT DEPUTY MAY USE REASONABLE FORCE TO OPEN A VEHICLE TO RESCUE AN
ANIMAL IF THE ANIMAL IS LEFT IN THE VEHICLE AS PRESCRIBED IN SUBSECTION A, PARAGRAPH 7 OF THIS SECTION.
E. A person who is convicted of a violation of subsection A, paragraph 6 or 9 10 OF THIS SECTION is liable as follows:
1. If the working or service animal was killed or disabled, to the owner or agency that owns the working or service animal and that employs the handler or to the owner or handler for the replacement and training costs of the working or service animal and for any veterinary bills.
2. To the owner or agency that owns a working or service animal for the salary of the handler for the period of time that the handler's services are lost to the owner or agency.
3. To the owner for the owner's contractual losses with the agency.
F. An incorporated city or town or a county may adopt an ordinance with misdemeanor provisions at least as stringent as the misdemeanor provisions of this section.
G. A person who violates subsection A, paragraph 1, through 2, 3, 4, 5, 6, 7 OR 12 OF THIS SECTION is guilty of a class 1 misdemeanor. A person who violates subsection A, paragraph 7 through 8, 9, 10, 11 OR 13 OF THIS SECTION is guilty of a class 6 felony.
H. For the purposes of this section:
1. "Animal" means a mammal, bird, reptile or amphibian.
2. "Cruel mistreatment" means to torture or otherwise inflict unnecessary serious physical injury upon an animal or to kill an animal in a manner that causes protracted suffering to the animal.
3. "Cruel neglect" means to fail to provide an animal with necessary food, water or shelter.
4. "Handler" means a law enforcement officer or any other person who has successfully completed a course of training prescribed by the person's agency or the service animal owner and who used a specially trained animal under the direction of the person's agency or the service animal owner.
5. "Service animal" means an animal that has completed a formal training program, that assists its owner in one or more daily living tasks that are associated with a productive life-style LIFESTYLE and that is trained to not
pose a danger to the health and safety of the general public.
6. "Working animal" means a horse or dog that is used by a law enforcement agency, that is specially trained for law enforcement work and that is under the control of a handler.

Colorado

COLORADO DANGEROUS DOG LAW

Colorado Revised Statutes
18-9-204.5 - Unlawful ownership of dangerous dog.

(1) The general assembly hereby finds, determines, and declares that dangerous dogs are a
serious and widespread threat to the safety and welfare of citizens throughout the state
because of the number and serious nature of attacks by such dogs.

(2) As used in this section, unless the context otherwise requires:
   (a) "Bodily injury" means any physical injury that results in severe bruising, muscle tears, or
skin lacerations requiring professional medical treatment or any physical injury that requires
corrective or cosmetic surgery.
   (b) "Dangerous dog" means any dog that:
      (I) Has inflicted bodily or serious bodily injury upon or has caused the death of a person or
domestic animal; or
      (II) Has demonstrated tendencies that would cause a reasonable person to believe that the
dog may inflict injury upon or cause the death of any person or domestic animal; or
      (III) Has engaged in or been trained for animal fighting as described and prohibited in
section 18-9-204.
   (c) "Dog" means any domesticated animal related to the fox, wolf, coyote, or jackal.
   (d) "Domestic animal" means any dog, cat, or livestock.
   (e) "Owner" or "owns" means any person, firm, corporation, or organization owning,
possessing, harboring, keeping, having financial or property interest in, or having control or
custody of a domestic animal, as the term is defined in paragraph (d) of this subsection (2),
including a dangerous dog as the term is defined in paragraph (b) of this subsection (2).
   (f) "Serious bodily injury" has the same meaning as such term is defined in section 18-1-901

(3) (p).

(3)(a) A person commits ownership of a dangerous dog if such person owns, possesses,
harbors, keeps, has a financial or property interest in, or has custody or control over a
dangerous dog.
   (b) Any owner who violates paragraph (a) of this subsection (3) whose dog inflicts bodily
injury upon any person commits a class 3 misdemeanor. Any owner involved in a second or
subsequent violation under this paragraph (b) commits a class 2 misdemeanor.
   (c) Any owner who violates paragraph (a) of this subsection (3) whose dog inflicts serious
bodily injury to a person commits a class 1 misdemeanor. Any owner involved in a second or
subsequent violation under this paragraph (c) commits a class 6 felony.
   (d) Any owner who violates paragraph (a) of this subsection (3) whose dog causes the death
of a person commits a class 5 felony.
   (e)(I) Any owner who violates paragraph (a) of this subsection (3) whose dog injures or
destroys any domestic animal commits a class 3 misdemeanor.
      (II) Any owner involved in a second or subsequent violation under this paragraph (e)
commits a class 2 misdemeanor. The minimum fine specified in section 18-1-106 for a class 2
misdemeanor shall be mandatory.
      (III)(A) The court shall order the convicted owner and any owner who enters into a deferred
judgment or deferred prosecution to make restitution to the injured or dead domestic animal's
owner pursuant to applicable provisions of title 16, C.R.S., governing restitution.
         (B) Restitution shall be equal to the greater of the fair market value or the replacement
cost of the domestic animal on the date, but before the time, the animal was injured or
destroyed plus any reasonable and necessary medical expenses incurred in treating the
animal and any actual costs incurred in replacing the injured or destroyed animal.
         (C) Any owner whose dog destroys property shall make restitution to the owner of such
property in an amount equal to the greater of the fair market value or the replacement cost of
such property before its destruction plus any actual costs incurred in replacing such property.
   (e.5) The court shall order any owner of a dangerous dog who has been convicted of a
violation of this section to confine such dangerous dog in a building or enclosure designed to
be escape-proof and, whenever such dog is outside of such building or enclosure, keep the
dog under such owner's control by use of a leash. In addition, if the conviction is for a second
or subsequent offense, such dangerous dog shall also be muzzled whenever it is outside of
the building or enclosure.
   (f) In addition to any other penalty set forth in this subsection (3), upon an owner's entry of a
guilty plea or the return of a verdict of guilty by a judge or jury or a deferred judgment or
deferred prosecution for a violation that results in bodily injury, serious bodily injury, or death to
a person, the court, pursuant to applicable provisions of title 16, C.R.S., governing restitution,
shall order the defendant to make restitution in accordance with said provisions.
   (g) In addition to the penalties set forth in paragraphs (b) to (e) of this subsection (3), upon
an owner's entry of a guilty plea or the return of a verdict of guilty by a judge or jury or a
deferred judgment or deferred prosecution for a violation that results in serious bodily injury to
a person or death to a person or domestic animal or for a second or subsequent violation of
said paragraph (b) or (e) resulting in a conviction or a deferred judgment or a deferred
prosecution involving the same dog of the same owner, the court may order that the
dangerous dog be immediately confiscated and placed in a public animal shelter and shall
order that, upon exhaustion of any right an owner has to appeal a conviction based on a
violation of this subsection (3), the owner's dangerous dog be destroyed by lethal injection
administered by a licensed veterinarian.
   (h) (I) An affirmative defense to the violation of this subsection (3) shall be:
         (A) That, at the time of the attack by the dangerous dog which causes injury to or the
death of a domestic animal, the domestic animal was at large, was an estray, and entered
upon the property of the owner and the attack began, but did not necessarily end, upon such
property;
         (B) That, at the time of the attack by the dangerous dog which causes injury to or the
death of a domestic animal, said animal was biting or otherwise attacking the dangerous dog
or its owner;
         (C) That, at the time of the attack by the dangerous dog which causes injury to or the
death of a person, the victim of the attack was committing or attempting to commit a criminal
offense, other than a petty offense, against the dog's owner, and the attack did not occur on
the owner's property;
         (D) That, at the time of the attack by the dangerous dog which causes injury to or the
death of a person, the victim of the attack was committing or attempting to commit a criminal
offense, other than a petty offense, against a person on the owner's property or the property
itself and the attack began, but did not necessarily end, upon such property; or
         (E) That the person who was the victim of the attack by the dangerous dog tormented,
provoked, abused, or inflicted injury upon the dog in such an extreme manner which resulted in
the attack.
      (II) The affirmative defenses set forth in subparagraph (I) of this paragraph (h) shall not
apply to any dog that has engaged in or been trained for animal fighting as said term is
described in section 18-9-204.

(4) Upon taking an owner into custody for an alleged violation of this section or the issuing of a
summons and complaint to the owner, pursuant to the Colorado rules of criminal procedure
and part 1 of article 4 of title 16, C.R.S., the owner's dangerous dog shall be taken into custody
and placed in a public animal shelter, at the owner's expense, pending final disposition of the
charge against the owner. In addition, in the event the court, pursuant to the Colorado rules of
criminal procedure and part 1 of article 4 of title 16, C.R.S., sets bail for an owner's release
from custody pending final disposition, the court shall require, as a condition of bond, that the
owner's dangerous dog be placed at the owner's expense in a public animal shelter, licensed
boarding facility, or veterinarian's clinic of the owner's choosing, pending final disposition of the
alleged violation of this section. The owner shall be liable for the total cost of board and care
for a dog placed pursuant to this subsection (4).

(5) (a) Nothing in this section shall be construed to prohibit a municipality from adopting any
rule or law for the control of dangerous dogs.
   (b) Nothing in this section shall be construed to abrogate a county's authority under part 1 of
article 15 of title 30, C.R.S., to adopt dog control and licensing resolutions and to impose the
penalties set forth in section 30-15-102, C.R.S.

(6) The provisions of this section shall not apply to the following:
   (a) To any dog that is used by a peace officer while the officer is engaged in the performance
of peace officer duties;
   (b) To any dog that inflicts bodily or serious bodily injury to any veterinary health care worker,
dog groomer, humane agency personnel, professional dog handler, trainer, or dog show judge
each acting in the performance of his or her respective duties; or
   (c) To any dog that inflicts injury upon or causes the death of a domestic animal while the
dog was working as a hunting dog, herding dog, or predator control dog on the property of or
under the control of the dog's owner and the injury or death was to a domestic animal naturally
associated with the work of such dog.

Source: L.91: Entire section added, p. 413, § 1, effective July 1. L.99: (2)(a) amended, p. 797,
§ 10, effective July 1; (3)(e) amended and (3)(e.5) added, p. 274, § 1, effective July 1.

California

CALIFORNIA GUIDE DOG PROTECTION LAW
(PROTECTION FROM INTERFERENCE)

CA PENAL CODE SECTION 365.6 [January 1, 1994]
[a] Any person who, with no legal justification, intentionally interferes with the use of a guide dog by obstructing or intimidating the guide dog user or his or her guide dog, is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding six months, or by a fine of not less than $1,500 nor more than $2,500, or both.

[b] As used in this section, "guide dog" means any guide dog or seeing-eye dog which was trained by a person licensed under Chapter 9.5 (commencing with Section 7200) of Division 3 of the Business and Professions Code or as defined in the regulations implementing Title III of the American with Disabilities Act of 1990 (public Law 101-336), or trained by a school recognized in another state to train guide or seeing-eye dogs.

[c] Nothing in this section is intended to affect any civil remedies available for violation of this section. Leg.H. 1993 ch. 1149.

Delaware

Delaware Guide Dog Protection Law
(source: http://www.delcode.state.de.us/title7/chapter17.htm)

Delaware Code
TITLE 7
Conservation
PART I
Game, Wildlife and Dogs
CHAPTER 17. DOGS
Subchapter I. General Provisions

§ 1717. Unauthorized acts against a service, guide or seeing eye dog; penalties.
(a) No person shall intentionally interfere with the use of a service, guide or seeing eye dog by obstructing, intimidating or otherwise jeopardizing the safety of the user or animal.  Whoever violates this subsection shall be guilty of a class B misdemeanor.
(b) No person shall intentionally injure or disable a service, guide or seeing eye dog being used by its owner.  Whoever violates this subsection shall be guilty of a class A misdemeanor.
(c) No person shall intentionally kill a service, guide or seeing eye dog owned by a private person or agency.  Whoever violates this subsection shall be guilty of a class D felony.  This subsection, however, does not apply to a law enforcement officer as defined by § 222 of Title 11 that is forced to take such action pursuant to the lawful performance of the officer's duties.
(d) No person shall intentionally steal, take or wrongfully obtain a service, guide or seeing eye dog owned by a private person or agency.  Whoever violates this subsection shall be guilty of a class E felony.
(e) In any case where a person is convicted under subsection (a), (b), (c) or (d), that person shall also be ordered to make full restitution for all damages, including incidental and consequential expenses incurred by the service, guide or seeing eye dog owner and the dog which arise out of or are related to the criminal offense. (66 Del. Laws, c. 296, § 1; 68 Del. Laws, c. 116, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 302, § 1.)

Florida

The 2002 Florida Statutes
Title XXX Social Welfare
Chapter 413 Vocational Rehabilitation
413.081  Interference with or injury to guide dog or service animal; penalties; restitution.--
(1) Any person who, with reckless disregard, interferes, or permits a dog that he or she owns or is in the immediate control of to interfere, with the use of a guide dog or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the animal or its user is guilty of a misdemeanor of the second degree for the first offense and a misdemeanor of the first degree for each subsequent offense, punishable as provided in s. 775.082 or s. 775.083.
(2) Any person who, with reckless disregard, injures or kills, or permits a dog that he or she owns or is in the immediate control of to injure or kill, a guide dog or service animal is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(3) Any person who intentionally injures or kills, or permits a dog that he or she owns or is in the immediate control of to injure or kill, a guide dog or service animal is guilty of a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.
(4)(a) A person who is convicted of a violation of this section, in addition to any other penalty, must make full restitution for all damages that arise out of or are related to the offense, including incidental and consequential damages incurred by the guide dog or service animal's user.
(b) Restitution includes the value of the animal; replacement and training or retraining expenses for the animal and the user; veterinary and other medical and boarding expenses for the animal; medical expenses for the user; and lost wages or income incurred by the user during any period that the user is without the services of such an animal.
(5) As used in this section, the term:
(a) "Guide dog" means a dog that is trained for the purpose of guiding blind persons or a dog trained for the purpose of assisting hearing impaired persons.
(b) "Service animal" means an animal that is trained for the purposes of assisting or accommodating a disabled person's sensory, mental, or physical disability.
History.--s. 2, ch. 2002-176.

Georgia

Georgia Guide Dog Protection Law
(source: http://www.legis.state.ga.us/legis/2003_04/gacode/30-1-6.html)

Georgia General Assembly
Unannotated Code

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.

Hawaii

2002 Hawaii Revised Statutes
Volume 14  - Division 5. Crimes and Criminal Proceedings
Title 37. Hawaii Penal Code
Chapter 711 - Offenses Against Public Order

§711-1100 Definitions of terms in this chapter. In this chapter, unless a different meaning plainly is required:
"Animal" includes every living creature, except a human being.
"Cruelty", "torture" or "torment" includes every act, omission, or neglect whereby unjustifiable physical pain, suffering, or death is caused or permitted.
"Facsimile" means a document produced by a receiver of signals transmitted over telecommunication lines, after translating the signals, to produce a duplicate of an original document.
"Necessary sustenance" means care sufficient to preserve the health and well-being of a pet animal, except for emergencies or circumstances beyond the reasonable control of the owner or caretaker of the pet animal, and includes but is not limited to the following requirements:
(1) Food of sufficient quantity and quality to allow for normal growth or maintenance of body weight;
(2) Open or adequate access to water in sufficient quantity and quality to satisfy the animal's needs;
(3) Access to protection from wind, rain, or sun; and
(4) An area of confinement that has adequate space necessary for the health of the animal and is kept reasonably clean and free from excess waste or other contaminants that could affect the animal's health.
"Obstructs" means renders impassable without unreasonable inconvenience or hazard.
"Pet animal" means a dog, cat, rabbit, guinea pig, domestic rat or mouse, or caged birds (passeriformes, piciformes, and psittaciformes only).
"Private place" means a place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance, but does not include a place to which the public or a substantial group thereof has access.
"Public" means affecting or likely to affect a substantial number of persons.
"Public place" means a place to which the public or a substantial group of persons has access and includes highways, transportation facilities, schools, places of amusement or business, parks, playgrounds, prisons, and hallways, lobbies, and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence. [L 1972, c 9, pt of §1; am L 1986, c 192, §3; am L 1987, c 176, §4; am L 1992, c 292, §3; am L 1998, c 173, §1]

§711-1109.4 Causing injury or death to a guide dog, signal dog, or service animal. (1) A person commits the offense of causing injury or death to a guide dog, signal dog, or service animal if:
(a) The person recklessly causes injury to or the death of any guide dog, signal dog, or service animal, while the dog is in the discharge of its duties; or
(b) The person is the owner of a dog and recklessly permits that dog to attack a guide dog, signal dog, or service animal while that dog is in the discharge of its duties, resulting in the injury or death of the guide dog, signal dog, or service animal.
(2) Any person who commits the offense of causing injury or death to a guide dog, signal dog, or service animal shall be punished as follows:
(a) For a first offense by a fine of not more than $2,000, imprisonment of not more than thirty days, or both; and
(b) For a second or subsequent offense by a fine of not more than $5,000, imprisonment of not more than thirty days, or both.
(3) Any person who is convicted of a violation of this section shall be ordered to make restitution to:
(a) The person with a disability who has custody or ownership of the guide dog, signal dog, or service animal, for any veterinary bills and out-of-pocket costs incurred as a result of the injury to the dog; and
(b) The person or organization that incurs the cost of retraining or replacing the animal, for the cost of retraining or replacing the animal if it is disabled or killed.
(4) As used in this section, "guide dog", "signal dog", and "service animal" shall have the same meaning as in section 515-3(8). [L 2002, c 259, pt of §1]

§711-1109.5 Intentional interference with the use of a guide dog, signal dog, or service animal. (1) A person commits the offense of intentional interference with the use of a guide dog, signal dog, or service animal if the person, with no legal justification, intentionally or knowingly:
(a) Harms a guide dog, signal dog, or service animal; or
(b) Strikes or kicks a guide dog, signal dog, or service animal;
while the guide dog, signal dog, or service animal is in the discharge of its duties.
(2) Intentional interference with the use of a guide dog, signal dog, or service animal is a misdemeanor.
(3) Nothing in this section is intended to affect any civil remedies available for a violation of this section.
(4) As used in this section, "guide dog", "signal dog", and "service animal" shall have the same meaning as in section 515-3(8). [L 2002, c 259, pt of §1]

Idaho

IDAHO GUIDE DOG PROTECTION LAWS

IDAHO STATUTES
TITLE 56 PUBLIC ASSISTANCE AND WELFARE
CHAPTER 7 RIGHTS OF BLIND AND PHYSICALLY HANDICAPPED PERSONS
56-701A. DEFINITIONS. As used in this chapter and chapter 58, title 18, Idaho Code
(1) "Assistance device" means a cane or walking stick, predominantly white or metallic in color,
with or without red tip, or a manual or motorized wheelchair or similar scooter, or other similar
devices that enhance the safety or mobility of a disabled person.
(2) "Assistance dog" means a dog that has been trained as a guide dog for a blind or visually
impaired person, a hearing dog for a hearing impaired person, or a service dog for a physically
disabled person.
(3) "Disabled person" means a hearing, visually or physically impaired person.
(4) "Dog-in-training" means a dog being specifically trained to develop social, environmental
and other skills needed for admission to a training school or other program for assistance
dogs. Dogs-in-training shall wear a jacket, collar, scarf or other similar article identifying it as a
dog-in-training.
(5) "Guide dog" means a dog that has been specially trained to aid a particular blind or
visually impaired person.
(6) "Hearing dog" means a dog that has been specially trained to aid a particular hearing
impaired person.
(7) "Hearing impaired person" means a person who has a hearing impairment manifested by a
speech discrimination score of forty percent (40%) or more in the better ear with appropriate
correction as certified by a licensed otologist, licensed audiologist, or the Idaho division of
vocational rehabilitation.
(8) "Physically impaired person" means any person with any substantial physical disability
which prevents normal participation in community or life activities as are available and
participated in by persons with no such afflictions or conditions of the same age and sex.
(9) "Service dog" means a dog that has been specially trained to aid a particular physically
disabled person with a physical disability other than sight or hearing impairment.
(10) "Visually impaired person" means any person who meets the definition provided in section
39-3202(3), Idaho Code.

IDAHO STATUTES
TITLE 18 CRIMES AND PUNISHMENTS
CHAPTER 58 PUBLIC HEALTH AND SAFETY
18-5811. ACTION REQUIRED TO AVOID ACCIDENT OR INJURY TO DISABLED PERSON -
- PROHIBITED INTENTIONAL ACTIONS -- PENALTIES.
(1) Any person, whether a pedestrian, operating a vehicle or otherwise, who approaches an
individual appearing to be a disabled person or lawfully using an assistance device or
assistance dog, and who
    (a) Intentionally fails to stop, change course, speak or take such other action as is
necessary to avoid any accident or injury to the disabled person, the assistance device or dog,
is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding six (6)
months, or by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars
($1,000), or by both.
    (b) Intentionally startles or frightens such person's dog, is guilty of a misdemeanor,
punishable by imprisonment in the county jail not exceeding six (6) months, or by a fine of not
less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000), or by both.
(2) Any person who, without justification, intentionally interferes with the use of an assistance
dog or assistance device by obstructing, battering or intimidating the user or the dog, is guilty
of a misdemeanor punishable by imprisonment in the county jail not exceeding six (6) months,
or by a fine of not less than fifty dollars ($50.00) nor more than one thousand five hundred
dollars ($1,500), or by both.

TITLE 18 CRIMES AND PUNISHMENTS
CHAPTER 58 PUBLIC HEALTH AND SAFETY
18-5812. BATTERY TO DISABLED PERSONS AND ASSISTANCE DOGS -- PENALTIES.
(1) Any person who
    (a) Permits any animal which is owned, harbored or controlled by him to cause injury to or
the death of any assistance dog or dog-in-training, is guilty of a misdemeanor.
    (b) Intentionally causes injury to or the death of any assistance dog or dog-in-training is
guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding one (1)
year, or by a fine not exceeding five thousand dollars ($5,000), or by both.
(2) In addition to any other criminal or civil penalties provided for violation of this section, any
person convicted under this section, regardless of the form of judgment, shall be ordered to
make full restitution to the owner or custodian of such dog for all veterinary bills, replacement
and other costs resulting from the injury or death of the dog.

IDAHO STATUTES
TITLE 56 PUBLIC ASSISTANCE AND WELFARE
CHAPTER 7 RIGHTS OF BLIND AND PHYSICALLY HANDICAPPED PERSONS
56-705. CIVIL LIABILITY FOR INTENTIONAL VIOLATION OF STATUTES PROTECTING
DISABLED PERSONS. Civil action may be brought against any person intentionally violating
the provisions of section 18-5811, 18-5811A, 18-5812 or 18-5812A, Idaho Code, with
judgment awarded upon proof of the elements to a preponderance of the evidence. As a part
of any such civil judgment, a successful plaintiff shall be awarded punitive damages in an
amount equal to all other damages suffered by the plaintiff, but in no event less than five
hundred dollars ($500). The failure of a disabled person to use an assistance device or
assistance dog shall not be held to constitute nor be evidence of contributory negligence in any
civil action.

Illinois

ILLINOIS GUIDE DOG PROTECTION LAW
(Protection from taunting, tormenting, teasing, beating, striking, torturing, mutilating, injuring, disabling, poisoning, or killing of or administering or subjecting any desensitizing drugs, chemicals or substance to a guide dog by a person;

[Excerpts from the Humane Care for Animals Act pertinent to guide dogs:]

Illinois Compiled Statutes
Animals
Humane Care for Animals Act
510 ILCS 70/

Sec. 2.01d. Service animal. "Service animal" means any guide dog, signal dog, or other animal trained to do work or to perform tasks for the benefit of an individual with a disability, including, but not limited to, animals guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders, providing minimal rescue or protection work, pulling a wheelchair, or fetching dropped items.

Sec. 4.03. Teasing, striking or tampering with police animals, service animals, or search and rescue dogs prohibited. It shall be unlawful for any person to willfully and maliciously taunt, torment, tease, beat, strike, or administer or subject any desensitizing drugs, chemicals or substance to (i) any animal used by a law enforcement officer in the performance of his or her functions or duties, or when placed in confinement off duty, (ii) any service animal, (iii) any search and rescue dog, or (iv) any police, service, or search and rescue animal in training. It is unlawful for any person to interfere or meddle with (i) any animal used by a law enforcement department or agency or any handler thereof in the performance of the functions or duties of the department or agency, (ii) any service animal, (iii) any search and rescue animal in or (iv) any law enforcement, service, or search and rescue animal in training.

Sec. 4.04. Injuring or killing police animals, service animals, or search and rescue dogs prohibited. It shall be unlawful for any person to willfully or maliciously torture, mutilate, injure, disable, poison, or kill (i) any animal used by a law enforcement department or agency in the performance of the functions or duties of the department or agency or when placed in confinement off duty, (ii) any service animal, (iii) any search and rescue dog, or (iv) any law enforcement, service, or search and rescue animal in training. However, a police officer or veterinarian may perform euthanasia in emergency situations when delay would cause the animal undue suffering and pain.

Sec. 16. Violations; punishment; injunctions.
(c) (1) This subsection (c) applies exclusively where the only animals involved in the violation are dogs.
(7) Any person convicted of violating Section 4.03 for the first time is guilty of a Class A misdemeanor. A second or subsequent violation is a Class 4 felony.
(8) Any person convicted of violating Section 4.04 is guilty of a Class A misdemeanor where the animal is not killed or totally disabled, but if the animal is killed or totally disabled such person shall be guilty of a Class 4 felony.

Sec. 20. Civil actions. Any person who has a right of ownership in an animal that is subjected to an act of abuse or neglect in violation of this Act may bring a civil action to recover the damages sustained by that owner. Damages may include, but are not limited to, the monetary value of the animal, veterinary expenses incurred on behalf of the animal, any other expenses incurred by the owner in rectifying the effects of the cruelty, pain, and suffering of the animal, and emotional distress suffered by the owner. In addition to damages that may be proven, the owner is also entitled to punitive or exemplary damages of not less than $500 but not more than $25,000 for each act of abuse or neglect to which the animal was subjected. In addition, the court must award reasonable attorney's fees and costs actually incurred by the owner in the prosecution of any action under this Section. The remedies provided in this Section are in addition to any other remedies allowed by law.

In an action under this Section, the court may enter any injunctive orders reasonably necessary to protect animals from any further acts of abuse, neglect, or harassment by a defendant. Trespass is not a defense to any action under this Section.

The statute of limitations for cruelty to animals is 2 years.

Section 99. Effective date. This Act takes effect on January 1, 2002.

Indiana

Indiana Guide Dog Protection Law
IC 35-46-3-11.5
(Source: http://www.ai.org/legislative/ic/code/title35/ar46/ch3.html#IC35-46-3-11)

Indiana Code
TITLE 35. CRIMINAL LAW AND PROCEDURE
ARTICLE 46. MISCELLANEOUS OFFENSES
CHAPTER 3. OFFENSES RELATING TO ANIMALS
SECT. 11.5 Interference with or mistreatment of service animal; defenses

Interference with or mistreatment of service animal; defenses
Sec. 11.5. (a) As used in this section, "service animal" means an animal that a person who is impaired by:
(1) blindness or any other visual impairment;
(2) deafness or any other aural impairment;
(3) a physical disability; or
(4) a medical condition;
relies on for navigation, assistance in performing daily activities, or alert signals regarding the onset of the person's medical condition.

(b) A person who knowingly or intentionally:
(1) interferes with the actions of a service animal; or
(2) strikes, torments, injures, or otherwise mistreats a service animal;
while the service animal is engaged in assisting an impaired person described in subsection (a) commits a Class A infraction.

(c) It is a defense that the accused person:
(1) engaged in a reasonable act of training, handling, or disciplining the service animal; or
(2) reasonably believed the conduct was necessary to prevent injury to the accused person or another person.
As added by P.L.143-1996, SEC.2.

Kentucky

KENTUCKY GUIDE DOG PROTECTION LAWS

(Relevant excerpts from:)
Kentucky Revised Statutes
Title L - Kentucky Penal Code
Chapter 525 Riot, Disorderly Conduct, and Related Offenses

525.010 Definitions for chapter.
The following definitions apply in this chapter unless the context otherwise requires:
(6) "Service animal" includes a:
(h) "Guide dog," which means any dog that is trained to meet the requirements of KRS
258.500;
Effective: July 15, 1998

525.200 Assault on a service animal in the first degree.
(1) A person is guilty of assault on a service animal in the first degree when he intentionally
and without legal justification or lawful authority kills or causes physical injury to a service
animal to the extent that a service animal becomes physically incapable of ever returning to
service.
(2) Assault on a service animal in the first degree is a Class D felony.
Effective: July 15, 1998
History: Created 1998 Ky. Acts ch. 419, sec. 2, effective July 15, 1998.

525.205 Assault on a service animal in the second degree.
(1) A person is guilty of assault on a service animal in the second degree when he intentionally
and without legal justification or lawful authority causes physical injury to a service animal.
(2) Assault on a service animal in the second degree is a Class B misdemeanor.
Effective: July 15, 1998
History: Created 1998 Ky. Acts ch. 419, sec. 3, effective July 15, 1998.

525.210 Duty status of service animal not a factor in application of KRS 525.200 and 525.205.
KRS 525.200 and 525.205 shall apply whether or not the service animal is on duty or off duty.
Effective: July 15, 1998
History: Created 1998 Ky. Acts ch. 419, sec. 4, effective July 15, 1998.

525.215 Defendant's liability for damages upon conviction of assault on a service animal.
In any case in which a defendant is convicted of a violation of the provisions of KRS 525.200
or 525.205, the defendant may be ordered to make restitution to the person or agency owning
the animal for any veterinary bills, replacement costs of the animal if it is disabled or killed, and
the salary of the animal handler for the period of time his services are lost to the agency or
self-employment.
Effective: July 15, 1998
History: Created 1998 Ky. Acts ch. 419, sec. 5, effective July 15, 1998.

525.220 Bars and defenses to conviction of assault on a service animal.
No person shall be convicted of assault on a service animal when:
(1) He has also been convicted of a violation of KRS 525.125, 525.130, 512.020, 512.030, or
512.040 arising out of the same incident; or
(2) He has destroyed or treated a service animal that is injured, diseased, or suffering or that
constitutes a hazard to public safety if not destroyed; or
(3) He has used physical force against the service animal in protection of himself or a third
person; or
(4) He has used physical force without knowledge that the animal was a service animal.
Effective: July 15, 1998
History: Created 1998 Ky. Acts ch. 419, sec. 6, effective July 15, 1998.

Maine

MAINE GUIDE DOG PROTECTION LAW

CHAPTER 220
S.P. 189 - L.D. 661
An Act to Make an Owner Responsible for Injuries Caused by a Dog

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 7 MRSA 3961, as amended by PL 1999, c. 254, 8, is repealed and the following enacted in its place:

3961. Reimbursement for damage done by animals

1. Injuries and damages by animal. When an animal damages a person or that person's property due to negligence of the animal's owner or keeper, the owner or keeper of that animal is liable in a civil action to the person injured for the amount of damage done if the damage was not occasioned through the fault of the person injured.

2. Injuries by dog. Notwithstanding subsection 1, when a dog injures a person who is not on the owner's or keeper's premises at the time of the injury, the owner or keeper of the dog is liable in a civil action to the person injured for the amount of the damages. Any fault on the part of the person injured may not reduce the damages recovered for physical injury to that person unless the court determines that the fault of the person injured exceeded the fault of the dog's keeper or owner.

Sec. 2. 7 MRSA 3961-A is enacted to read:

3961-A. Attack on service dog

A person who owns or keeps a dog that attacks, injures or kills a service dog while the service dog is in discharge of its duties commits a civil violation for which a forfeiture of not more than $1,000 may be adjudged.

When a person is adjudicated of a violation of this section, the court shall order the person to make restitution to the owner of the service dog for any veterinary bills and necessary retraining costs or replacement costs of the dog if it is disabled or killed.

For the purposes of this section, "service dog" means a guide dog for the visually impaired, a hearing dog trained to alert a person with impaired hearing or a personal care dog as defined in Title 17, section 1312, subsection 7.

See title page for effective date.

Michigan

MICHIGAN GUIDE DOG PROTECTION LAW

(Excerpt of:)
THE MICHIGAN PENAL CODE
Act 328 of 1931

750.50a Guide or leader dog ; prohibited conduct by individual; violation as misdemeanor;
rebuttable presumption that conduct initiated or continued maliciously; conviction or sentence
under other applicable law; definitions. [M.S.A. 28.245(a) ]

Sec. 50a. (1) An individual shall not do either of the following:
(a) 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.
(b) 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.

(2) An individual who violates subsection (1) is guilty of a misdemeanor punishable by
imprisonment for not more than 90 days or a fine of not more than $500.00, or both.

(3) In a prosecution for a violation of subsection (1), evidence that the defendant initiated or
continued conduct directed toward a dog described in subsection (1) 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.

(4) A conviction and imposition of a sentence under this section does not prevent a conviction
and imposition of a sentence under any other applicable provision of law.

(5) As used in this section:
(a) "Audibly impaired" means the inability to hear air conduction thresholds at an average of 40
decibels or greater in the individual's better ear.
(b) "Blind" means having a visual acuity of 20/200 or less in the individual's better eye with
correction, or having a limitation of the individual's field of vision such that the widest diameter
of the visual field subtends an angular distance not greater than 20 degrees.
(c) "Deaf" means the individual's hearing is totally impaired or the individual's hearing, with or
without amplification, is so seriously impaired that the primary means of receiving spoken
language is through other sensory input, including, but not limited to, lip reading, sign
language, finger spelling, or reading.
(d) "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, audibly impaired, or physically limited individual being served or
assisted by the dog in danger of injury.
(e) "Injure" means to cause any physical injury to a dog described in subsection (1).
(f) "Maliciously" means any of the following:
(i) With intent to assault, beat, harass or injure a dog described in subsection (1).
(ii) With intent to impede or interfere with duties performed by a dog described in subsection
(1).
(iii) With intent to disturb, endanger, or cause emotional distress to a blind, deaf, audibly
impaired, or physically limited individual being served or assisted by a dog described in
subsection (1).
(iv) With knowledge that the individual's conduct will, or is likely to harass or injure a dog
described in subsection (1).
(v) With knowledge that the individual's conduct will, or is likely to impede or interfere with
duties performed by a dog described in subsection (1).
(vi) With knowledge that the individual's conduct will, or is likely to disturb, endanger, or cause
emotional distress to a blind, deaf, audibly impaired, or physically limited individual being
served or assisted by a dog described in subsection (1).
(g) "Physically limited" means having limited ambulatory abilities and includes but is not limited
to having a temporary or permanent impairment or condition that does 1 or more of the
following:
(i) Causes the individual to use a wheelchair or walk with difficulty or insecurity.
(ii) Affects sight or hearing to the extent that an individual is insecure or exposed to danger.
(iii) Causes faulty coordination.
(iv) Reduces mobility, flexibility, coordination, or perceptiveness.

History: Add. 1994, Act 42, Eff. June 1, 1994 .

Minnesota

MINNESOTA PREVENTION OF CRUELTY TO ANIMALS LAW

(Excerpts from:)
Minnesota Statutes
Chapter Title: PREVENTION OF CRUELTY TO ANIMALS

Section: 343.20 Definitions.
Subd. 7. Service animal. "Service animal" means an animal trained to assist a person with a
disability.
Subd. 8. Substantial bodily harm. "Substantial bodily harm" means bodily injury which involves
a temporary but substantial disfigurement, or which causes a temporary but substantial loss or
impairment of the function of any bodily member or organ, or which causes a fracture of any
bodily member to a service animal or a pet or companion animal.
Subd. 9. Great bodily harm. "Great bodily harm" means bodily injury which creates a high
probability of death, or which causes serious permanent disfigurement, or which causes a
permanent or protracted loss or impairment of the function of any bodily member or organ, or
other serious bodily harm to a service animal or a pet or companion animal.
HIST: (10442) RL s 5151; 1981 c 53 s 1; 1989 c 37 s 1; 1Sp2001 c 8 art 8 s 5-8

Section: 343.21 Overworking or mistreating animals; penalty.
Subd. 8a. Harming a service animal. No person shall intentionally and without justification
cause bodily harm to a service animal while it is providing service or while it is in the custody of
the person it serves.
Subd. 9. Penalty. (a) Except as otherwise provided in this subdivision, a person who fails to
comply with any provision of this section is guilty of a misdemeanor. A person convicted of a
second or subsequent violation of subdivision 1 or 7 within five years of a previous violation of
subdivision 1 or 7 is guilty of a gross misdemeanor.
(b) A person who intentionally violates subdivision 1 or 7 where the violation results in
substantial bodily harm to a pet or companion animal may be sentenced to imprisonment for
not more than one year or to payment of a fine of not more than $3,000, or both.
(c) A person convicted of violating paragraph (b) within five years of a previous gross
misdemeanor or felony conviction for violating this section may be sentenced to imprisonment
for not more than two years or to payment of a fine of not more than $5,000, or both.
(d) A person who intentionally violates subdivision 1 or 7 where the violation results in death or
great bodily harm to a pet or companion animal may be sentenced to imprisonment for not
more than two years or to payment of a fine of not more than $5,000, or both.
(e) A person who violates subdivision 8a where the violation results in substantial bodily harm
to a service animal may be sentenced to imprisonment for not more than two years or to
payment of a fine of not more than $5,000, or both.
(f) A person who intentionally violates subdivision 1 or 7 where the violation results in
substantial bodily harm to a pet or companion animal, and the act is done to threaten,
intimidate, or terrorize another person, may be sentenced to imprisonment for not more than
two years or to payment of a fine of not more than $5,000, or both.
(g) A person who violates subdivision 8a where the violation results in death or great bodily
harm to a service animal may be sentenced to imprisonment for not more than four
years or to payment of a fine of not more than $10,000, or both.
(h) A person who intentionally violates subdivision 1 or 7 where the violation results in death or
great bodily harm to a pet or companion animal, and the act is done to threaten, intimidate, or
terrorize another person, may be sentenced to imprisonment for not more than four years or to
payment of a fine of not more than $10,000, or both.
Subd. 10. Restrictions. If a person is convicted of violating this section, the court shall require
that pet or companion animals that have not been seized by a peace officer or agent and are in
the custody or control of the person must be turned over to a peace officer or other appropriate
officer or agent unless the court determines that the person is able and fit to provide
adequately for an animal. If the evidence indicates lack of proper and reasonable care of an
animal, the burden is on the person to affirmatively demonstrate by clear and convincing
evidence that the person is able and fit to have custody of and provide adequately for an
animal. The court may limit the person's further possession or custody of pet or companion
animals, and may impose other conditions the court considers appropriate, including, but not
limited to:
(1) imposing a probation period during which the person may not have ownership, custody, or
control of a pet or companion animal;
(2) requiring periodic visits of the person by an animal control officer or agent appointed
pursuant to section 343.01, subdivision 1;
(3) requiring performance by the person of community service; and
(4) requiring the person to receive psychological, behavioral, or other counseling.
HIST: (10443) RL s 5152; 1959 c 571 s 1-2; 1974 c 3 s 2; 1981 c 53 s 2; 1986 c 386 art 4 s 24;
1986 c 444; 1990 c 387 s 1; 1990 c 612 s 2; 1993 c 326 art 4 s 10,11; 1Sp2001 c 8 art 8 s 9-
11

New York

New York State Consolidated Laws
Agriculture & Markets
ARTICLE 7
LICENSING, IDENTIFICATION AND CONTROL OF DOGS

Section 108. Definitions. As used in this article, unless otherwise expressly stated or unless the context or subject matter requires otherwise:
9.  "Guide dog" means any dog that is trained to aid a person who is blind and is actually used for such purpose, or any dog owned by a recognized guide dog training center located within the state during the period such dog is being trained or bred for such purpose.

Section 119.   Violations.
1. It shall be a violation, punishable as provided in subdivision two of this section, for:
(h)  the owner or custodian of any dog to fail to exercise due diligence in handling his or her dog if the handling results in harm to another dog that is a guide, hearing or service dog.
2. It shall be the duty of the dog control officer of any municipality to bring an action against any person who has committed within such municipality any violation set forth in subdivision one of this section.  Any municipality may elect either to prosecute such action as a violation under the penal law or to commence an action to recover a
civil penalty.
A violation of this section shall be punishable, subject  to such an election, either:
(a)  where prosecuted pursuant to the penal law, by a fine of not more than twenty-five dollars, except that (i) where the person was found to have violated this section or former article seven of this chapter within the preceding five years, the fine may be not more than fifty dollars, and (ii) where the person was found to have  committed two or more such violations within the preceding five years, it shall be punishable by a fine of not more than one hundred dollars or imprisonment for not more than fifteen days, or both; or
(b) where prosecuted as an action to recover a civil penalty, by a civil penalty of not more than twenty-five dollars, except that (i) when the person was found to have violated this section or former article seven of this chapter within the preceding five years, the civil penalty may be not more than fifty dollars, and (ii) where the person was found to have committed two or more such violations within the preceding five years, the civil penalty may be not more than one hundred dollars.

Section 121.  Dangerous dogs.
2. (b)  If any dog shall attack and injure any service dog, guide dog or hearing dog, any person witnessing the attack may for the purpose of preventing the killing or injury of such service dog, guide dog or hearing dog, destroy such attacking dog and no liability in damages or otherwise shall be incurred on account of such destruction.
7.  The  owner of a dog who, through any act or omission, negligently permits his or her dog to bite a person, service dog, guide dog or hearing dog causing physical injury shall be subject to a civil penalty not to exceed four hundred dollars in addition to any other applicable penalties.

>

New Mexico

NEW MEXICO ASSISTANCE DOG LAW

Statutory Chapters in New Mexico Statutes Annotated 1978
CHAPTER 28 HUMAN RIGHTS
ARTICLE 11 HEARING EAR AID DOGS
28-11-5. Findings and purpose; interference with assistance dog prohibited; criminal and civil
penalties.
A. The legislature finds that unrestrained dogs constitute a danger to assistance dogs and
public safety. The purpose of this section is to protect persons with disabilities and assistance
dogs from attack by unrestrained dogs.
B. As used in this section, "assistance dog" means a dog that has been or is being trained for
persons with a hearing, sight or other physical disability or impairment.
C. It is unlawful for any person, with no legal justification, to:
(1) intentionally interfere with the use of a service dog by harassing or obstructing the service
dog user or the service dog; or
(2) intentionally fail or refuse to control his animal, and the animal interferes with or obstructs
the service dog user or the service dog.
D. The provisions of this section shall not apply to animals on private property not open to the
public.
E. A person who violates the provisions of this section is guilty of a misdemeanor and upon
conviction shall be punished pursuant to Section 31-19-1 NMSA 1978. A person convicted
under this section may be ordered to pay restitution, including the cost of veterinary bills and
replacement and training costs of the service animal, if required as a result of the violation.
F. Nothing in this section shall be construed to preclude any other remedies otherwise
available pursuant to common law or the NMSA 1978.
G. As used in this section, "assistance animal" includes an animal recognized as a service
animal pursuant to the Americans with Disabilities Act of 1990.

History: Laws 1999, ch. 113, § 1

Nevada

NEVADA GUIDE DOG PROTECTION LAWS

NRS 426.041 "Blind person" defined. "Blind person" means any person whose visual
acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision
in the better eye is restricted to a field which subtends an angle of not greater than 20?.
(Added to NRS by 1981, 1916)

NRS 426.075 "Guide dog" defined. "Guide dog" means a dog which has been or is
being specially trained by or in conjunction with a school for guide dogs to lead in
harness and serve as an aid to the mobility of a particular blind person.
(Added to NRS by 1981, 1916; A 1987, 823)

NRS 426.085 "School for guide dogs" defined. "School for guide dogs" means a
school which trains dogs to be guide dogs and which is approved by the division.
(Added to NRS by 1981, 1916)

NRS 426.790 Interfering with, beating, harassing, intimidating or killing guide dog
or other service animal unlawful; penalty.
1. A person shall not willfully and maliciously:
(a) Interfere with;
(b) Beat, harass or intimidate; or
(c) Kill,
a guide dog, hearing dog, helping dog or other service animal.
2. Any person who violates:
(a) Paragraph (a) of subsection 1 is guilty of a misdemeanor.
(b) Paragraph (b) of subsection 1 is guilty of a gross misdemeanor.
(c) Paragraph (c) of subsection 1 is guilty of a category E felony and shall be punished
as provided in NRS 193.130.
(Added to NRS by 1981, 1916; A 1987, 824; 1995, 1993; 1999, 2516)

NRS 193.130 Categories and punishment of felonies.
1. Except when a person is convicted of a category A felony, and except as otherwise
provided by specific statute, a person convicted of a felony shall be sentenced to a
minimum term and a maximum term of imprisonment which must be within the limits
prescribed by the applicable statute, unless the statute in force at the time of
commission of the felony prescribed a different penalty. The minimum term of
imprisonment that may be imposed must not exceed 40 percent of the maximum term
imposed.
2. Except as otherwise provided by specific statute, for each felony committed on or
after July 1, 1995:
(a) A category A felony is a felony for which a sentence of death or imprisonment in the
state prison for life with or without the possibility of parole may be imposed, as provided
by specific statute.
(b) A category B felony is a felony for which the minimum term of imprisonment in the
state prison that may be imposed is not less than 1 year and the maximum term of
imprisonment that may be imposed is not more than 20 years, as provided by specific
statute.
(c) A category C felony is a felony for which a court shall sentence a convicted person
to imprisonment in the state prison for a minimum term of not less than 1 year and a
maximum term of not more than 5 years. In addition to any other penalty, the court may
impose a fine of not more than $10,000, unless a greater fine is authorized or required
by statute.
(d) A category D felony is a felony for which a court shall sentence a convicted person
to imprisonment in the state prison for a minimum term of not less than 1 year and a
maximum term of not more than 4 years. In addition to any other penalty, the court may
impose a fine of not more than $5,000, unless a greater fine is authorized or required by
statute.
(e) A category E felony is a felony for which a court shall sentence a convicted person
to imprisonment in the state prison for a minimum term of not less than 1 year and a
maximum term of not more than 4 years. Except as otherwise provided in paragraph (b)
of subsection 1 of NRS 176A.100, upon sentencing a person who is found guilty of a
category E felony, the court shall suspend the execution of the sentence and grant
probation to the person upon such conditions as the court deems appropriate. Such
conditions of probation may include, but are not limited to, requiring the person to serve
a term of confinement of not more than 1 year in the county jail. In addition to any other
penalty, the court may impose a fine of not more than $5,000, unless a greater penalty
is authorized or required by statute.
[1911 C&P § 18; RL § 6283; NCL § 9967]—(NRS A 1967, 458; 1995, 1167; 1997, 1177;
1999, 1186)

North Carolina

North Carolina's "Harm or Hinder Law or Assistance Animals"
(source:  <http://www.ncga.state.nc.us/Statutes/GeneralStatutes/HTML/BySection/Chapter_14/GS_14-163.1.html>)

North Carolina General Statutes
Chapter 14 - Criminal Law
Article 23 - Trespasses to Personal Property
§ 14-163.1.  Assaulting a law enforcement agency animal or an assistance animal.

(a)The following definitions apply in this section:
(1)  Assistance animal. - An animal that is trained and may be used to assist a "handicapped person" as defined in G.S. 168-1.  The term "assistance animal" is not limited to a dog and includes any animal trained to assist a handicapped person as provided in Article 1 of Chapter 168 of the General Statutes.
(2)  Law enforcement agency animal. - An animal that is trained and may be used to assist a law enforcement officer in the performance of the officer's official duties.
(3)  Physical harm. - Any injury, illness, or other physiological impairment.
(4)  Serious physical harm. - Physical harm that does any of the following:
a.   Creates a substantial risk of death.
b.   Causes maiming or causes substantial loss or impairment of bodily function.
c.   Causes acute pain of a duration that results in substantial suffering.

(b) Any person who knows or has reason to know that an animal is a law enforcement agency animal or an assistance animal and who willfully causes or attempts to cause serious physical harm to the animal is guilty of a Class I felony.

(c) Unless the conduct is covered under some other provision of law providing greater punishment, any person who knows or has reason to know that an animal is a law enforcement agency animal or an assistance animal and who willfully causes or attempts to cause physical harm to the animal is guilty of a Class 1 misdemeanor.

(d) Unless the conduct is covered under some other provision of law providing greater punishment, any person who knows or has reason to know that an animal is a law enforcement agency animal or an assistance animal and who willfully taunts, teases, harasses, delays, obstructs, or attempts to delay or obstruct the animal in the performance of its duty as a law enforcement agency animal or assistance animal is guilty of a Class 2 misdemeanor.

(e) This section shall not apply to a licensed veterinarian whose conduct is in accordance with Article 11 of Chapter 90 of the General Statutes.

(f) Self-defense is an affirmative defense to a violation of this section. (1983, c. 646, s. 1; 1993, c. 539, s. 108; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 258, s. 1; 2001-411, s. 1.)

(This act became effective December 1, 2001, and applies to offenses committed on or after that date.)

South Carolina

South Carolina Guide Dog Protection Bill S36 Final Version
2003 Legislative Session 115

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO TITLE 47 SO AS TO PROVIDE FOR THE PROTECTION OF GUIDE DOGS AND SERVICE ANIMALS, TO DEFINE CERTAIN TERMS, AND TO PROVIDE PENALTIES.

Be it enacted by the General Assembly of the State of South Carolina:

Protection of guide dogs

SECTION 1. Title 47 of the 1976 Code is amended by adding:

"Article 15 Protection of Guide Dogs Section 47-3-910.

This article may be cited as 'Layla's Law'.

Section 47-3-920. For purposes of this article:

(1) 'Guide dog' means a dog that is trained for the purpose of guiding blind persons or a dog trained for the purpose of assisting hearing impaired persons.

(2) 'Humane euthanasia' means the termination of a terminally ill or critically injured guide dog or service animal's life by a means that produces a rapid and minimally painful death as provided in Section 47-3-420.

(3) 'Notice' means an actual verbal or written warning prescribing the behavior of another person and a request that the person stop the behavior.

(4) 'Service animal' means an animal that is trained for the purposes of assisting or accommodating the sensory, mental, or physical disability of a disabled person.

(5) 'Value' means the value to the guide dog or service animal user and does not refer to the cost or fair market value.

Section 47-3-930.
(A) It is unlawful for a person who has received notice that his behavior is interfering with the use of a guide dog or service animal to continue with reckless disregard to interfere with the use of a guide dog or service animal by obstructing, intimidating, or jeopardizing the safety of the guide dog or service animal or its user.
(B) It is unlawful for a person with reckless disregard to allow his dog that is not contained by a fence, a leash, or another containment system to interfere with the use of a guide dog or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the guide dog or service animal or its user.
(C) A person who violates subsection (A) or (B) is guilty of a misdemeanor triable in magistrate's court and, upon conviction, is subject to the maximum fines and terms of imprisonment in magistrate's court.

Section 47-3-940.
(A) It is unlawful for a person with reckless disregard to injure, disable, or cause the death of a guide dog or service animal.
(B) It is unlawful for a person with reckless disregard to allow his dog to injure, disable, or cause the death of a guide dog or service animal.
(C) A person who violates subsection (A) or (B) is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned not more than six months, or both.

Section 47-3-950.
(A)  It is unlawful for a person to wrongfully obtain or exert unauthorized control over a guide dog or service animal with the intent to deprive the guide dog or service animal user of his guide dog or service animal.
(B)  A person who violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars or imprisoned not less than one year, or both.

Section 47-3-960.
(A) It is unlawful for a person to intentionally injure, disable, or cause the death of a guide dog or service animal, except in the case of self-defense or humane euthanasia.
(B)    A person who violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years, or both.

Section 47-3-970.
(A) A defendant convicted of a violation of this article may be ordered to make full restitution for damages including incidental and consequential expenses incurred by the guide dog or service animal and its user, which arise out of or are related to the criminal offense.
(B) Restitution for a conviction under this article includes, but is not limited to:
(1) the value of the replacement of an incapacitated or deceased guide dog or service animal, the training of a replacement guide dog or service animal, or retraining of the affected guide dog or service animal and related veterinary and care expenses; and
(2) medical expenses of the guide dog or service animal user, training of the guide dog or service animal user, and compensation for wages or earned income lost by the guide dog or service animal user.
(C) This article does not affect civil remedies available for conduct punishable under this article. Restitution paid pursuant to this article must be set off against damages awarded in a civil action arising out of the same conduct that resulted in the restitution payment."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Ratified the 28th day of May, 2003.
Approved the 2nd day of June, 2003.

Oregon

OREGON GUIDE DOG PROTECTION LAW
(Source: http://www.leg.state.or.us/ors/346.html)

Pertinent sections excerpted from:

Oregon Revised Statutes
Chapter 346
1999 EDITION
Programs for Blind or Deaf Persons

346.610 Definitions for ORS 346.610 to 346.630. As used in ORS 346.610 to 346.630:
(1) "Blind person" means a person who has vision of 20/200 or less with the best correction or has a visual field of 20 degrees or less.
(2) "Dog guide" means a dog that is wearing a dog guide harness and is trained to lead or guide a blind person.
(3) "Dog guide trainee" means a dog undergoing training to lead or guide a blind person.
(4) "Trainer" means a person who trains dogs to lead or guide blind persons.
(5) "Mode of transportation" means any mode of public transportation operating within this state except for parlor, lounge, or club car of a common carrier by railroad.
(6) "Public accommodation" means a place of public accommodation as defined in ORS 30.675. [1967 c.259 s.1; 1971 c.87 s.1; 1973 c.714 s.12; 1981 c.771 s.1]

346.680 Definitions for ORS 346.680 to 346.690. As used in ORS 346.680 to 346.690:
(1) "Assistance animal" means any animal trained to assist a physically impaired person in one or more daily life activities, including but not limited to:
(a) Dog guides, as defined in ORS 346.610;
(b) Hearing ear dogs, as defined in ORS 346.640;
(c) An animal trained to pull a wheelchair;
(d) An animal trained to fetch dropped items; and
(e) An animal trained to perform balance work.
(2) "Assistance animal trainee" means any animal undergoing training to assist a physically impaired person.
(3) "Daily life activity" includes but is not limited to:
(a) Self-care;
(b) Ambulation;
(c) Communication; or
(d) Transportation.
(4) "Mode of transportation" means any mode of transportation operating within this state.
(5) "Physically impaired person" means any person who is permanently physically impaired, whose physical impairment limits one or more of daily life activities and who has a record of impairment and is regarded by health care practitioners as having such an impairment, requiring the use of an assistance animal including but not limited to blindness, deafness and complete or partial paralysis.
(6) "Public accommodation" means a place of public accommodation as defined in ORS 30.675 including but not limited to educational institutions, airlines and restaurants. The exception stated in ORS 30.675 (2) is not an exception under ORS 90.390 and 346.680 to 346.690. [1989 c.336 s.1; 1993 c.369 s.37; 1995 c.79 s.189]

346.687 Damages recoverable for harm or theft of assistance animal. (1) In addition to and not in lieu of any other penalty provided by state law, a physically impaired person who uses an assistance animal or the owner of an assistance animal may bring an action for economic and noneconomic damages against any person who steals or, without provocation, attacks the assistance animal. The physically impaired person or owner may also bring an action for such damages against the owner of any animal that, without provocation, attacks an assistance animal. The action authorized by this subsection may be brought by the physically impaired person or owner even if the assistance animal was in the custody or under the supervision of another person when the theft or attack occurred.
(2) If the theft of or unprovoked attack on an assistance animal described in subsection (1) of this section results in the death of the animal or the animal is not returned or if injuries sustained in the theft or attack prevent the animal from returning to service as an assistance animal, the measure of economic damages shall include, but need not be limited to, the replacement value of an equally trained assistance animal, without any differentiation for the age or the experience of the animal. In addition, the physically impaired person or owner may recover any other costs and expenses, including, but not limited to, costs of temporary replacement assistance services, whether provided by another assistance animal or a person, incurred as a result of the theft of or injury to the animal.
(3) If the theft of or unprovoked attack on an assistance animal described in subsection (1) of this section results in injuries from which the animal recovers and returns to service, or if the animal is stolen but is recovered and returns to service, the measure of economic damages shall include, but need not be limited to, the veterinary medical expenses, costs of temporary replacement assistance services, whether provided by another assistance animal or a person, and any other costs and expenses incurred by the physically impaired person or owner as a result of the theft of or injury to the animal.
(4) No cause of action arises under this section if the physically impaired person, owner or the person having custody or supervision of the assistance animal was committing a criminal or civil trespass at the time of the theft of or attack on the assistance animal.
(5) The court shall award reasonable attorney fees to the prevailing plaintiff in an action under this section. The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails in the action if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no objectively reasonable basis for appealing an adverse decision of a trial court. [1993 c.312 s.2; 1995 c.618 s.68]

346.991 Penalties. (1) Violation of ORS 346.167 is punishable, upon conviction, by a fine of not more than $1,000 or by imprisonment in the county jail for not more than 60 days, or both.
(2) Violation of ORS 346.620 (1) or (2) is a Class C misdemeanor.
(3) Violation of ORS 346.650 or 346.660 is a Class C misdemeanor.
(4) Violations of ORS 90.390 and 346.680 to 346.690 are subject to the penalties provided in subsections (1) to (3) of this section. [Subsection (1) enacted as 1971 c.312 s.6; subsection (2) derived from 346.620; 1981 c.771 s.2; subsection (3) enacted as 1981 c.771 s.6; subsection (4) enacted as 1989 c.336 s.5; 1993 c.369 s.38]

Pennsylvania

PENNSYLVANIA GUIDE DOG PROTECTION LAW

(Excepts from:)
PENNSYLVANIA CONSOLIDATED STATUTES
TITLE 18. CRIMES AND OFFENSES
PART II. DEFINITION OF SPECIFIC OFFENSES
ARTICLE F. OFFENSES AGAINST PUBLIC ORDER AND DECENCY
CHAPTER 55. RIOT, DISORDERLY CONDUCT AND RELATED OFFENSES
§ 5511. Cruelty to animals

(a) Killing, maiming or poisoning domestic animals or zoo animals, etc.--
(1) A person commits a misdemeanor of the second degree if he willfully and
maliciously:
(iii) Harasses, annoys, injures, attempts to injure, molests or interferes with a dog guide
for an individual who is blind, a hearing dog for an individual who is deaf or audibly
impaired or a service dog for an individual who is physically limited.
Any person convicted of violating the provisions of this paragraph shall be sentenced to
pay a fine of not less than $500.

(q) Definitions.--As used in this section, the following words and phrases shall have the
meanings given to them in this subsection:
"Audibly impaired."
The inability to hear air conduction thresholds at an average of 40 decibels or greater in
the better ear.
"Blind."
Having a visual acuity of 20/200 or less in the better eye with correction or having a
limitation of the field of vision such that the widest diameter of the visual field subtends
an angular distance not greater than 20 degrees.
"Deaf."
Totally impaired hearing or hearing with or without amplification which is so seriously
impaired that the primary means of receiving spoken language is through other sensory
input, including, but not limited to, lip reading, sign language, finger spelling or reading.
"Physically limited."
Having limited ambulation, including, but not limited to, a temporary or permanent
impairment or condition that causes an individual to use a wheelchair or walk with
difficulty or insecurity, affects sight or hearing to the extent that an individual is insecure
or exposed to danger, causes faulty coordination or reduces mobility, flexibility,
coordination or perceptiveness.

Footnotes
FN1 3 P.S. § 328.1 et seq.
FN2 34 P.S. § 1311.1 et seq. (repealed)
FN3 3 P.S. § 459-101 et seq.

Rhode Island

RHODE ISLAND GUIDE DOG PROTECTION LAW

State of Rhode Island General Laws
TITLE 4 Animals and Animal Husbandry
CHAPTER 4-13 Dogs
SECTION 4-13-16.1
§ 4-13-16.1 Injury to seeing-eye dogs or persons who are visually impaired– Damages.
– If any dog kills, wounds, or worries, or assists in killing, wounding, or worrying, any seeing-
eye dog certified for use as a guide-dog for a person who is blind or visually impaired,
belonging to or in the possession of any person who is blind or visually impaired and under
harness or engaged in the act of guiding its owner, or if any dog assaults, bites, or otherwise
injures any person who is blind or visually impaired while traveling the highway or out of the
enclosure of the owner or keeper of that dog, the owner or keeper of the dog shall be liable to
the person who is blind or visually impaired aggrieved for double all damages sustained, to be
recovered in a civil action, with costs of suit. If afterwards this damage is done by that dog, the
owner or keeper of the dog shall pay to the party aggrieved treble damages, to be recovered in
the same manner, and an order shall be made by the court before whom the second recovery
is made, for killing the dog. The order shall be executed by the officer charged with the
execution of the order and it shall not be necessary, in order to sustain this action, to prove
that the owner or keeper of this dog knew that the dog was accustomed to causing these
damages.

Texas

Texas Guide Dog Protection Bill H.B. No. 2881
First Regular Session 2003
Final Version

AN ACT relating to prohibiting an attack on an assistance animal; creating an offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1.  Section 121.003(j), Human Resources Code, is amended to read as follows:
(j)  A person may not assault, harass, interfere with, kill,or injure in any way, or attempt to assault, harass, interfere with, kill, or injure in any way, an assistance animal.

SECTION 2.  Chapter 42, Penal Code, is amended by adding Section 42.091 to read as follows:
Sec. 42.091.  ATTACK ON ASSISTANCE ANIMAL.
(a)  A person commits an offense if the person intentionally, knowingly, or recklessly attacks, injures, or kills an assistance animal
(b)  A person commits an offense if the person intentionally, knowingly, or recklessly incites or permits an animal owned by or otherwise in the custody of the actor to attack, injure, or kill an
assistance animal and, as a result of the person's conduct, the assistance animal is attacked, injured, or killed.
(c)  An offense under this section is a:
(1)  Class A misdemeanor if the actor or an animal owned by or otherwise in the custody of the actor attacks an assistance animal;
(2)  state jail felony if the actor or an animal owned by or otherwise in the custody of the actor injures an assistance animal; or
(3)  felony of the third degree if the actor or an animal owned by or otherwise in the custody of the actor kills an assistance animal.
(d)  A court shall order a defendant convicted of an offense under Subsection (a) to make restitution to the owner of the assistance animal for:
(1)  related veterinary or medical bills;
(2)  the cost of:
(A)  replacing the assistance animal; or
(B)  retraining an injured assistance animal by an organization generally recognized by agencies involved in the rehabilitation of persons with disabilities as reputable and competent to provide special equipment for or special training to an animal to help a person with a disability; and
(3)  any other expense reasonably incurred as a result of the offense.
(e)  In this section:
(1)  "Assistance animal" has the meaning assigned by Section 121.002, Human Resources Code.
(2)  "Custody" has the meaning assigned by Section 42.09.

SECTION 3.  This Act takes effect September 1, 2003.

I certify that H.B. No. 2881 was passed by the House on May 2, 2003, by a non-record vote; and that the House concurred in Senate amendments to H.B. No. 2881 on May 30, 2003, by a non-record vote.

Utah

UTAH GUIDE DOG PROTECTION LAW
(Protection of guide dogs from being chased, harassed, injured or killed by a person or their animal)

Utah Code and Constitution
Title 76 -- Utah Criminal Code
Chapter 09 -- Offenses Against Public Order and Decency
76-9-307.Injury to service animals -- Penalties.

(1) As used in this section:
(a) "Assistance animal" means an animal that is trained or is in training to:
(i) lead or guide a person who is blind or has a visual disability;
(ii) assist a person who has a physical disability, including hearing impairment or deafness; or
(iii) assist a person who has a mental disability.
(b) "Person with a disability" means a person who is blind, visually impaired, deaf, hearing impaired, or otherwise has a physical or mental disability.
(2) It is a class A misdemeanor for a person to knowingly, intentionally, or recklessly cause substantial bodily injury or death to an assistance animal.
(3) It is a class A misdemeanor for a person who owns, keeps, harbors, or exercises control over an animal to knowingly, intentionally, or recklessly fail to exercise sufficient control over the animal to prevent it from causing:
(a) any substantial bodily injury or the death of an assistance animal; or
(b) the assistance animal's subsequent inability to function as an assistance animal as a result of the animal's attacking, chasing, or harassing the assistance animal.
(4) It is a class B misdemeanor for a person to chase or harass an assistance animal.
(5) It is a class B misdemeanor for a person who owns, keeps, harbors, or exercises control over an animal to knowingly, intentionally, or recklessly fail to exercise sufficient control over the animal to prevent it from chasing or harassing an assistance animal while it is carrying out its functions as an assistance animal, to the extent that the animal temporarily interferes with the assistance animal's ability to carry out its functions.
(6) (a) An assistance animal is exempt from quarantine or other animal control ordinances if it bites any person while it is subject to an offense under Subsection (2), (3), (4), or (5).
(b) The owner of the assistance animal or the person with a disability whom the assistance animal serves shall make the animal available for examination at any reasonable time and shall notify the local health officer if the animal exhibits any abnormal behavior.
(7) In addition to any other penalty, a person convicted of any violation of this section is liable for restitution to the owner of the assistance animal or the person with disabilities whom the assistance animal serves for the replacement, training, and veterinary costs incurred as a result of the violation of this section.
(8) If the act committed under this section amounts to an offense subject to a greater penalty under another provision of Title 76, Utah Criminal Code, than is provided under this section, this section does not prohibit prosecution and sentencing for the more serious offense.

Washington

WASHINGTON GUIDE DOG PROTECTION LAW
(Protection from interference, injury, disability, death by a person or their dog; protection from theft or unauthorized control by a person)

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. This act may be known and cited as Layla's Law.
Sec. 2. A new section is added to chapter 9.91 RCW to read as follows:
(1)(a) Any person who has received notice that his or her behavior is interfering with the use of a dog guide or service animal who continues with reckless disregard to interfere with the use of a dog guide or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the dog guide or service animal user or his or her dog guide or service animal is guilty of a misdemeanor punishable according to chapter 9A.20 RCW, except that for a second or subsequent offense it is a gross misdemeanor.
(b) Any person who, with reckless disregard, allows his or her dog to interfere with the use of a dog guide or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the dog guide or service animal user or his or her dog guide or service animal is guilty of a misdemeanor punishable according to chapter 9A.20 RCW, except that for a second or subsequent offense it is a gross misdemeanor.
(2)(a) Any person who, with reckless disregard, injures, disables, or causes the death of a dog guide or service animal is guilty of a gross misdemeanor punishable according to chapter 9A.20 RCW.
(b) Any person who, with reckless disregard, allows his or her dog to injure, disable, or cause the death of a dog guide or service animal is guilty of a gross misdemeanor punishable according to chapter 9A.20 RCW.
(3) Any person who intentionally injures, disables, or causes the death of a dog guide or service animal is guilty of a class C felony.
(4) Any person who wrongfully obtains or exerts unauthorized control over a dog guide or service animal with the intent to deprive the dog guide or service animal user of his or her dog guide or service animal is guilty of theft in the first degree, RCW 9A.56.030.
(5)(a) In any case in which the defendant is convicted of a violation of this section, he or she shall also be ordered to make full restitution for all damages, including incidental and consequential expenses incurred by the dog guide or service animal user and the dog guide or service animal which arise out of or are related to the criminal offense.
(b) Restitution for a conviction under this section shall include, but is not limited to:
(i) The value of the replacement of an incapacitated or deceased dog guide or service animal, the training of a replacement dog guide or service animal, or retraining of the affected dog guide or service animal and all related veterinary and care expenses; and (ii) Medical expenses of the dog guide or service animal user, training of the dog guide or service animal user, and compensation for wages or earned income lost by the dog guide or service animal user.
(6) Nothing in this section shall affect any civil remedies available for violation of this section.
(7) For purposes of this section, the following definitions apply:
(a) "Dog guide" means a dog that is trained for the purpose of guiding blind persons or a dog trained for the purpose of assisting hearing impaired persons.
(b) "Service animal" means an animal that is trained for the purposes of assisting or accommodating a disabled person's sensory, mental, or physical disability.
(c) "Notice" means a verbal or otherwise communicated warning prescribing the behavior of another person and a request that the person stop their behavior.
(d) "Value" means the value to the dog guide or service animal user and does not refer to cost or fair market value.
Passed the Senate March 12, 2001.
Passed the House April 5, 2001.
Approved by the Governor April 25, 2001.
Effective law date: July 22, 2001

Connecticut

CONNECTICUT GUIDE DOG PROTECTION LAW

STATE OF CONNECTICUT
Substitute Bill No. 604
Page 1 LCO No.
General Assembly February Session, A.D., 1998
AN ACT CONCERNING ATTACKS ON GUIDE DOGS OF BLIND OR DISABLED PERSONS AND THE EVICTION OF PERSONAL CARE ASSISTANTS EMPLOYED BY BLIND OR DISABLED PERSONS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 22-364b of the general statutes is repealed and the following is substituted in lieu thereof: The owner or keeper of a dog shall restrain and control such dog on a leash when such dog is not on the property of its owner or keeper and is in proximity to a blind, deaf or mobility impaired person accompanied by his guide dog, provided the guide dog is in the direct custody of such blind, deaf or mobility impaired person, is wearing a harness or an orange-colored leash and collar which makes it readily-identifiable as a guide dog and is licensed in accordance with section 22-345. [Any person who violates the provisions of this section shall have committed an infraction.] IF AN OWNER OR KEEPER OF A DOG VIOLATES THE PROVISIONS OF THIS SECTION AND, AS A RESULT OF SUCH VIOLATION, SUCH DOG ATTACKS AND INJURES THE GUIDE DOG, SUCH OWNER OR KEEPER SHALL BE FINED NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS AND SHALL BE LIABLE, AS PROVIDED IN SECTION 22-357, FOR ANY DAMAGE DONE TO SUCH GUIDE DOG, AND SUCH LIABILITY SHALL INCLUDE LIABILITY FOR ANY COSTS INCURRED BY SUCH BLIND, DEAF OR MOBILITY-IMPAIRED PERSON FOR THE VETERINARY CARE, REHABILITATION OR REPLACEMENT OF THE INJURED GUIDE DOG.

Sec. 2. Subsection (a) of section 47a-2 of the general statutes is repealed and the following is substituted in lieu thereof: (a) Unless created to avoid the application of this chapter and sections 47a-21, 47a-23 to 47a-23b, inclusive, AS AMENDED, 47a-26 to 47a-26g, inclusive, 47a-35 to 47a-35b, inclusive, 47a-41a, 47a-43 and 47a-46, the following arrangements are not governed by this chapter and sections 47a-21, 47a-23 to 47a-23b, inclusive, AS AMENDED, 47a-26 to 47a-26g, inclusive, 47a-35 to 47a-35b, inclusive, 47a-41a, 47a-43 and 47a-46: (1) Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious service or any similar service; (2) occupancy under a contract of sale of a dwelling unit or the property of which such unit is a part, if the occupant is the purchaser or a person who succeeds to his interest; (3) occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of such organization; (4) transient occupancy in a hotel or motel or similar lodging; [and] (5) occupancy by an owner of a condominium unit; AND (6) OCCUPANCY BY A PERSONAL CARE ASSISTANT OR OTHER PERSON WHO IS EMPLOYED BY A PERSON WITH A DISABILITY TO ASSIST AND SUPPORT SUCH DISABLED PERSON WITH DAILY LIVING ACTIVITIES OR HOUSEKEEPING CHORES AND IS PROVIDED DWELLING SPACE IN THE PERSONAL RESIDENCE OF SUCH DISABLED PERSON AS A BENEFIT OR CONDITION OF SUCH EMPLOYMENT. JUD COMMITTEE VOTE: YEA 39 NAY 0 JFS

MASSACHUSETTS

GENERAL LAWS OF MASSACHUSETTS
PART I. ADMINISTRATION OF THE GOVERNMENT.
TITLE XIV. PUBLIC WAYS AND WORKS.
CHAPTER 90. MOTOR VEHICLES AND AIRCRAFT.

Chapter 90: Section 14A. Protection of blind pedestrians crossing or attempting to cross ways.

Section 14A. Whenever a totally or partially blind pedestrian, guided by a guide dog or carrying in a raised or extended position a cane or walking stick which is white in color or white tipped with red, crosses or attempts to cross a way, the driver of every vehicle approaching the place where such pedestrian is crossing or attempting to cross shall bring his vehicle to a full stop, and before proceeding shall take such precautions as may be necessary to avoid injuring such pedestrian. A person who owns an animal shall restrain and control such animal on a leash when in proximity to a guide dog that is on a public or private way. Nothing contained in this section shall be construed to deprive any totally or partially blind person, not carrying such a cane or walking stick or not being guided by a dog, of the rights and privileges conferred by law upon pedestrians crossing ways, nor shall the failure of such blind person to carry a cane or walking stick or to be guided by a guide dog while on the ways of this commonwealth be held to constitute or be evidence of contributory negligence. Whoever violates any provision of this section shall be punished by a fine of no less than one hundred nor more than five hundred dollars.


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