Minnesota Session Laws - 2011, Regular Session

CHAPTER 9--H.F.No. 141

An act

relating to public safety; increasing penalties for injuring public safety dogs;

amending Minnesota Statutes 2010, section 609.596.

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

Section 1.

Minnesota Statutes 2010, section 609.596, is amended to read:

609.596 KILLING OR HARMING PUBLIC SAFETY DOG.

Subdivision 1.

Felony.

It is a felony for any person to intentionally and without justification cause the death of new text begin or great or substantial bodily harm to new text end 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, a trained handler, or an employee of a correctional facility. 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. deleted text begin In lieu of a fine, the court may order the defendant to pay restitution to the owner to replace the police dog, search and rescue dog, or arson dog, in an amount not to exceed $5,000. deleted text end

Subd. 2.

Gross misdemeanor.

It is a gross misdemeanor for any person to intentionally and without justification cause deleted text begin substantial or great deleted text end new text begin demonstrable new text end 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.

new text begin Subd. 2a. new text end

new text begin Misdemeanor. new text end

new text begin It is a misdemeanor for any person to intentionally and without justification assault 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. new text end

new text begin Subd. 2b. new text end

new text begin Mandatory restitution. new text end

new text begin The court shall order a person convicted of violating this section to pay restitution for the costs and expenses resulting from the crime. Costs and expenses include, but are not limited to, the purchase and training of a replacement dog and veterinary services for the injured dog. 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

Subd. 3.

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, paragraph (f);

(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 other disasters, and human bodies.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to crimes committed on or after that date. new text end

Presented to the governor March 18, 2011

Signed by the governor March 22, 2011, 2:31 p.m.