Bill Text: MN HF141 | 2011-2012 | 87th Legislature | Chaptered

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Bill Title: Public safety dog injury penalty increased.

Spectrum: Slight Partisan Bill (Democrat 7-3)

Status: (Passed) 2011-03-24 - Secretary of State Chapter 9 03/22/11 [HF141 Detail]

Download: Minnesota-2011-HF141-Chaptered.html

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CHAPTER 9--H.F.No. 141

An act

relating to public safety; increasing penalties for injuring public safety
dogs;amending Minnesota Statutes 2010, section 609.596.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

    Section 1. Minnesota Statutes 2010, section 609.596, is amended to read:
609.596 KILLING OR HARMING PUBLIC SAFETY DOG.
    Subdivision 1. Felony. It is a felony for any person to intentionally and without
justification cause the death of or great or substantial bodily harm to a police dog, a search
and rescue dog, or an arson dog when the dog is involved in law enforcement, fire, or
correctional investigation or apprehension, search and rescue duties, or the dog is in
the custody of or under the control of a peace officer, a trained handler, or an employee
of a correctional facility. A person convicted under this subdivision 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. In lieu of a fine, the court may order the defendant to pay restitution to the
owner to replace the police dog, search and rescue dog, or arson dog, in an amount not
to exceed $5,000.
    Subd. 2. Gross misdemeanor. It is a gross misdemeanor for any person to
intentionally and without justification cause substantial or great demonstrable bodily harm
to a police dog, search and rescue dog, or an arson dog when the dog is involved in law
enforcement, fire, or correctional investigation or apprehension, search and rescue duties,
or the dog is in the custody of or under the control of a peace officer, a trained handler,
or an employee of a correctional facility.
    Subd. 2a. Misdemeanor. It is a misdemeanor for any person to intentionally and
without justification assault a police dog, search and rescue dog, or an arson dog when the
dog is involved in law enforcement, fire, or correctional investigation or apprehension,
search and rescue duties, or the dog is in the custody of or under the control of a peace
officer, a trained handler, or an employee of a correctional facility.
    Subd. 2b. Mandatory restitution. The court shall order a person convicted of
violating this section to pay restitution for the costs and expenses resulting from the
crime. Costs and expenses include, but are not limited to, the purchase and training of
a replacement dog and veterinary services for the injured dog. If the court finds that
the convicted person is indigent, the court may reduce the amount of restitution to a
reasonable level or order it paid in installments.
    Subd. 3. Definitions. As used in this section:
(1) "arson dog" means a dog that has been certified as an arson dog by a state fire
or police agency or by an independent testing laboratory;
(2) "correctional facility" has the meaning given in section 241.021, subdivision 1,
paragraph (f);
(3) "peace officer" has the meaning given in section 626.84, subdivision 1, paragraph
(c); and
(4) "search and rescue dog" means a dog that is trained to locate lost or missing
persons, victims of natural or other disasters, and human bodies.
EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
committed on or after that date.
Presented to the governor March 18, 2011
Signed by the governor March 22, 2011, 2:31 p.m.