language to be deleted (2) new language
CHAPTER 159-S.F.No. 1614 An act relating to animals; criminalizing certain harm caused to a service animal by a dog; requiring restitution; clarifying civil liability; imposing a criminal penalty; amending Minnesota Statutes 2002, section 609.226, subdivision 3, by adding a subdivision. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 2002, section 609.226, subdivision 3, is amended to read: Subd. 3. [DEFENSE.] If proven by a preponderance of the evidence, it shall be an affirmative defense to liability under
this sectionsubdivision 1 or 2 that the victim provoked the dog to cause the victim's bodily harm. Sec. 2. Minnesota Statutes 2002, section 609.226, is amended by adding a subdivision to read: Subd. 4. [HARM TO SERVICE ANIMAL CAUSED BY DOG; CRIME, MANDATORY RESTITUTION.] (a) As used in this subdivision, "service animal" means an animal individually trained or being trained to do work or perform tasks for the benefit of an individual with a disability. (b) A person who negligently or intentionally (1) permits the person's dog to run uncontrolled off the person's premises, or (2) fails to keep the person's dog properly confined or controlled; and as a result the dog causes bodily harm to a service animal or otherwise renders a service animal unable to perform its duties, is guilty of a misdemeanor. (c) The court shall order a person convicted of violating this subdivision 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. (d) This subdivision does not preclude a person from seeking any available civil remedies for an act that violates this subdivision. Sec. 3. [EFFECTIVE DATE.] Sections 1 and 2 are effective August 1, 2004, and apply to crimes committed on or after that date. Presented to the governor April 15, 2004 Signed by the governor April 19, 2004, 1:35 p.m.