1.1                          A bill for an act
  1.2             relating to animals; criminalizing certain harm caused 
  1.3             to a service animal by a dog; requiring restitution; 
  1.4             clarifying civil liability; imposing a criminal 
  1.5             penalty; amending Minnesota Statutes 2002, section 
  1.6             609.226, subdivision 3, by adding a subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 609.226, 
  1.9   subdivision 3, is amended to read: 
  1.10     Subd. 3.  [DEFENSE.] If proven by a preponderance of the 
  1.11  evidence, it shall be an affirmative defense to liability under 
  1.12  this section subdivision 1 or 2 that the victim provoked the dog 
  1.13  to cause the victim's bodily harm. 
  1.14     Sec. 2.  Minnesota Statutes 2002, section 609.226, is 
  1.15  amended by adding a subdivision to read: 
  1.16     Subd. 4.  [HARM TO SERVICE ANIMAL CAUSED BY DOG; CRIME, 
  1.17  MANDATORY RESTITUTION.] (a) As used in this subdivision, 
  1.18  "service animal" means an animal individually trained or being 
  1.19  trained to do work or perform tasks for the benefit of an 
  1.20  individual with a disability.  
  1.21     (b) A person who negligently or intentionally (1) permits 
  1.22  the person's dog to run uncontrolled off the person's premises, 
  1.23  or (2) fails to keep the person's dog properly confined or 
  1.24  controlled; and as a result the dog causes bodily harm to a 
  1.25  service animal or otherwise renders a service animal unable to 
  1.26  perform its duties, is guilty of a misdemeanor.  
  2.1      (c) The court shall order a person convicted of violating 
  2.2   this subdivision to pay restitution for the costs and expenses 
  2.3   resulting from the crime.  Costs and expenses include, but are 
  2.4   not limited to, the service animal user's loss of income, 
  2.5   veterinary expenses, transportation costs, and other expenses of 
  2.6   temporary replacement assistance services, and service animal 
  2.7   replacement or retraining costs incurred by a school, agency, or 
  2.8   individual.  If the court finds that the convicted person is 
  2.9   indigent, the court may reduce the amount of restitution to a 
  2.10  reasonable level or order it paid in installments.  
  2.11     (d) This subdivision does not preclude a person from 
  2.12  seeking any available civil remedies for an act that violates 
  2.13  this subdivision. 
  2.14     Sec. 3.  [EFFECTIVE DATE.] 
  2.15     Sections 1 and 2 are effective August 1, 2004, and apply to 
  2.16  crimes committed on or after that date.