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Minnesota Legislature

Office of the Revisor of Statutes

SF 2990

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 03/23/2010 05:28pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

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A bill for an act
relating to public safety; providing a criminal penalty for intentionally rendering
a service animal unable to perform its duties; requiring that offenders who
are convicted of harming service animals pay restitution; clarifying that civil
remedies are not precluded by the criminal penalty for harming service animals;
prohibiting possession of certain devices or substances that enhance an animal's
ability to fight; amending Minnesota Statutes 2008, sections 343.21, subdivisions
8a, 9, by adding a subdivision; 343.31, subdivision 1.

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

Section 1.

Minnesota Statutes 2008, section 343.21, subdivision 8a, is amended to read:


Subd. 8a.

Harming a service animal.

No person shall intentionally and without
justification deleted text begincause bodily harmdeleted text end new text begindo either of the following new text endto a service animal while it is
providing service or while it is in the custody of the person it servesnew text begin: (1) cause bodily
harm to the animal; or (2) otherwise render the animal unable to perform its duties
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2008, section 343.21, subdivision 9, is amended to read:


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) new text beginA person who violates subdivision 8a where the violation renders the service
animal unable to perform its duties is guilty of a gross misdemeanor.
new text end

new text begin (f) new text endA 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.

deleted text begin (f)deleted text end new text begin(g) new text endA 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.

deleted text begin (g)deleted text end new text begin(h) new text endA 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.

deleted text begin (h)deleted text end new text begin(i) new text endA 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2008, section 343.21, is amended by adding a subdivision
to read:


new text begin Subd. 9a. new text end

new text begin Harm to service animals; mandatory restitution and civil remedies.
new text end

new text begin (a) The court shall order a person convicted of violating subdivision 8a to pay restitution
for the costs and expenses resulting from the crime. Costs and expenses include, but are
not limited to, the service animal user's loss of income, veterinary expenses, transportation
costs, and other expenses of temporary replacement assistance services, and service
animal replacement or retraining costs incurred by a school, agency, or individual. 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.
new text end

new text begin (b) This section does not preclude a person from seeking any available civil remedies
for an act that violates subdivision 8a.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2008, section 343.31, subdivision 1, is amended to read:


Subdivision 1.

Penalty for animal fighting; attending animal fight.

(a) Whoever
does any of the following is guilty of a felony:

(1) promotes, engages in, or is employed in the activity of cockfighting, dogfighting,
or violent pitting of one pet or companion animal as defined in section 346.36, subdivision
6, against another of the same or a different kind;

(2) receives money for the admission of a person to a place used, or about to be
used, for that activity;

(3) willfully permits a person to enter or use for that activity premises of which the
permitter is the owner, agent, or occupant; or

(4) uses, trains, or possesses a dog or other animal for the purpose of participating
in, engaging in, or promoting that activity.

(b) Whoever purchases a ticket of admission or otherwise gains admission to the
activity of cockfighting, dogfighting, or violent pitting of one pet or companion animal as
defined in section 346.36, subdivision 6, against another of the same or a different kind is
guilty of a gross misdemeanor.

(c) new text beginWhoever possesses any device or substance with intent to use or permit the
use of the device or substance to enhance an animal's ability to fight is guilty of a gross
misdemeanor.
new text end

new text begin (d) new text endThis subdivision shall not apply to the taking of a wild animal by hunting.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010, and applies to crimes
committed on or after that date.
new text end