Minnesota Session Laws - 1999, Regular Session

                             CHAPTER 77-H.F.No. 67 
                  An act relating to crime; imposing penalties for 
                  killing or injuring a search and rescue dog; amending 
                  Minnesota Statutes 1998, section 609.596. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 609.596, is 
        amended to read: 
           609.596 [KILLING OR HARMING A POLICE, CORRECTIONS OR 
        ARSON PUBLIC SAFETY DOG.] 
           Subdivision 1.  [FELONY.] Whoever It is a felony for any 
        person to intentionally and without justification causes cause 
        the death of 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, as defined in section 626.84, subdivision 1, 
        paragraph (c), a trained handler, or an employee of a 
        correctional facility, as defined in section 241.021, 
        subdivision 1, clause (5), is guilty of a felony and.  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 a the defendant convicted under this subdivision to 
        pay restitution to the affected agency 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.] Whoever It is a gross 
        misdemeanor for any person to intentionally and without 
        justification causes cause substantial or great 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, as defined in section 241.021, subdivision 1, clause 
        (5), is guilty of a gross misdemeanor. 
           Subd. 3.  [DEFINITION 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, clause (5); 
           (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 man-made 
        disasters, and human bodies. 
           Sec. 2.  [EFFECTIVE DATE.] 
           Section 1 is effective August 1, 1999, and applies to 
        crimes committed on or after that date. 
           Presented to the governor April 16, 1999 
           Signed by the governor April 20, 1999, 9:20 a.m.