SF 3818

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; imposing criminal 
  1.3             penalties for killing or harming animals trained to 
  1.4             assist persons with disabilities; requiring the 
  1.5             payment of restitution by these offenders; proposing 
  1.6             coding for new law in Minnesota Statutes, chapter 609. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [609.5965] [KILLING OR HARMING AN ANIMAL 
  1.9   TRAINED TO ASSIST PERSONS WITH DISABILITIES.] 
  1.10     Subdivision 1.  [CRIME DESCRIBED.] It is a crime for a 
  1.11  person to intentionally and without justification cause harm or 
  1.12  death to an animal trained to assist a person with a disability 
  1.13  while the animal is involved in that purpose or in the custody 
  1.14  of the disabled person.  A person who violates this subdivision 
  1.15  may be sentenced as provided in subdivisions 2 and 3. 
  1.16     Subd. 2.  [CRIMINAL PENALTY.] (a) If the animal suffers 
  1.17  death, the person is guilty of a felony and may be sentenced to 
  1.18  imprisonment for not more than two years or to payment of a fine 
  1.19  of not more than $4,000, or both. 
  1.20     (b) If the animal suffers great bodily harm, the person is 
  1.21  guilty of a felony and may be sentenced to imprisonment for not 
  1.22  more than a year and a day or to payment of a fine of not more 
  1.23  than $3,000, or both. 
  1.24     (c) If the animal suffers substantial bodily harm, the 
  1.25  person is guilty of a gross misdemeanor. 
  1.26     (d) If the animal suffers demonstrable bodily harm, the 
  2.1   person is guilty of a misdemeanor. 
  2.2      Subd. 3.  [MANDATORY RESTITUTION.] In addition to any other 
  2.3   sentence, the court shall order a person convicted of violating 
  2.4   this section to pay restitution to the person the animal was 
  2.5   trained to assist. 
  2.6      Sec. 2.  [EFFECTIVE DATE.] 
  2.7      Section 1 is effective August 1, 2000, and applies to 
  2.8   crimes committed on or after that date.