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2004 Legislation
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HOUSE BILL NO. 666
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Bill Status
H0666aa..............................by JUDICIARY, RULES AND ADMINISTRATION
DOGS - VICIOUS - Amends existing law to provide that a dog that injures any
livestock, poultry, domesticated animals or animals kept in captivity for
commercial purposes that are not trespassing is vicious; and to provide
that the court may order that a vicious dog be destroyed upon a first
violation.
02/12 House intro - 1st rdg - to printing
02/13 Rpt prt - to Jud
02/26 Rpt out - to Gen Ord
03/08 Rpt out amen - to engros
03/09 Rpt engros - 1st rdg - to 2nd rdg as amen
03/10 2nd rdg - to 3rd rdg as amen
03/11 3rd rdg as amen - Ret'd to Jud
Bill Text
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 666
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO DOGS; AMENDING SECTION 25-2805, IDAHO CODE, TO PROVIDE THAT A DOG
3 THAT INJURES ANY LIVESTOCK, POULTRY, DOMESTICATED ANIMALS OR ANIMALS KEPT
4 IN CAPTIVITY FOR COMMERCIAL PURPOSES THAT ARE NOT TRESPASSING IS VICIOUS,
5 TO EXCLUDE WORKING DOGS AND TO PROVIDE THAT THE COURT MAY ORDER THAT A
6 VICIOUS DOG BE DESTROYED UPON A FIRST VIOLATION.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 25-2805, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 25-2805. DOGS RUNNING AT LARGE -- VICIOUS DOGS -- PENALTY. (1) Any per-
11 son, who, after complaint has been made by any person to the 
sheriff
, who
12 shall serve a copy of said notice upon such person complained of, willfully or
13 negligently permits any dog owned or possessed or harbored by him to be, or
14 run, at large without a competent and responsible attendant or master, within
15 the limits of any city, town, or village or in the vicinity of any farm, pas-
16 ture, ranch, dwelling house, or cultivated lands of another, or who willfully
17 or negligently fails, neglects or refuses to keep any such dog securely con-
18 fined within the limits of his own premises when not under the immediate care
19 and control of a competent and responsible attendant or master, shall be
20 guilty of an infraction punishable as provided in section 18-113A, Idaho Code.
21 (2) Any dog which, when not physically provoked, physically attacks,
22 wounds, bites or otherwise injures any person, who is livestock, poultry,
23 domesticated animals or animals kept in captivity for commercial purposes that
24 are not trespassing, is vicious. Working dogs including, but not limited to,
25 guard dogs, police dogs and stock dogs, are exempt from this classification
26 while performing their specified duties. It shall be unlawful for the owner or
27 for the owner of premises on which a vicious dog is present to harbor a
28 vicious dog outside a secure enclosure. A secure enclosure is one from which
29 the animal cannot escape and for which exit and entry is controlled by the
30 owner of the premises or owner of the animal. Any vicious dog removed from the
31 secure enclosure must be restrained by a chain sufficient to control the
32 vicious dog. Persons guilty of a violation of this subsection, and in addition
33 to any liability as provided in section 25-2806, Idaho Code, shall be guilty
34 of a misdemeanor. For a second or subsequent violation of this subsection,
35 tThe court may, in the interest of public safety, order the owner to have the
36 vicious dog destroyed or may direct the appropriate authorities to destroy the
37 dog.
Amendment
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
Moved by Kulczyk
Seconded by Eskridge
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 666
1 AMENDMENT TO SECTION 1
2 On page 1 of the printed bill, delete lines 24 through 26 and insert: "are
3 not trespassing, is vicious. It shall be unlawful for the owner or".
4 AMENDMENT TO THE BILL
5 On page 1, following line 37, insert:
6 "SECTION 2. An emergency existing therefor, which emergency is hereby
7 declared to exist, this act shall be in full force and effect on and after its
8 passage and approval.".
9 CORRECTIONS TO TITLE
10 On page 1, in line 4, delete "VICIOUS," and insert: "VICIOUS"; in line 5,
11 delete "TO EXCLUDE WORKING DOGS"; and in line 6, following "VIOLATION" insert:
12 "; AND DECLARING AN EMERGENCY".
Engrossed Bill (Original Bill with Amendment(s) Incorporated)
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 666, As Amended
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO DOGS; AMENDING SECTION 25-2805, IDAHO CODE, TO PROVIDE THAT A DOG
3 THAT INJURES ANY LIVESTOCK, POULTRY, DOMESTICATED ANIMALS OR ANIMALS KEPT
4 IN CAPTIVITY FOR COMMERCIAL PURPOSES THAT ARE NOT TRESPASSING IS VICIOUS
5 AND TO PROVIDE THAT THE COURT MAY ORDER THAT A VICIOUS DOG BE DESTROYED
6 UPON A FIRST VIOLATION; AND DECLARING AN EMERGENCY.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 25-2805, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 25-2805. DOGS RUNNING AT LARGE -- VICIOUS DOGS -- PENALTY. (1) Any per-
11 son, who, after complaint has been made by any person to the
sheriff, who
12 shall serve a copy of said notice upon such person complained of, willfully or
13 negligently permits any dog owned or possessed or harbored by him to be, or
14 run, at large without a competent and responsible attendant or master, within
15 the limits of any city, town, or village or in the vicinity of any farm, pas-
16 ture, ranch, dwelling house, or cultivated lands of another, or who willfully
17 or negligently fails, neglects or refuses to keep any such dog securely con-
18 fined within the limits of his own premises when not under the immediate care
19 and control of a competent and responsible attendant or master, shall be
20 guilty of an infraction punishable as provided in section 18-113A, Idaho Code.
21 (2) Any dog which, when not physically provoked, physically attacks,
22 wounds, bites or otherwise injures any person, who is livestock, poultry,
23 domesticated animals or animals kept in captivity for commercial purposes that
24 are not trespassing, is vicious. It shall be unlawful for the owner or for the
25 owner of premises on which a vicious dog is present to harbor a vicious dog
26 outside a secure enclosure. A secure enclosure is one from which the animal
27 cannot escape and for which exit and entry is controlled by the owner of the
28 premises or owner of the animal. Any vicious dog removed from the secure
29 enclosure must be restrained by a chain sufficient to control the vicious dog.
30 Persons guilty of a violation of this subsection, and in addition to any lia-
31 bility as provided in section 25-2806, Idaho Code, shall be guilty of a misde-
32 meanor. For a second or subsequent violation of this subsection, tThe court
33 may, in the interest of public safety, order the owner to have the vicious dog
34 destroyed or may direct the appropriate authorities to destroy the dog.
35 SECTION 2. An emergency existing therefor, which emergency is hereby
36 declared to exist, this act shall be in full force and effect on and after its
37 passage and approval.
Statement of Purpose / Fiscal Impact
STATEMENT OF PURPOSE
RS 13900
The purpose of this legislation is to expand application of Idaho Code
relating to vicious dogs and to allow for the destruction of vicious
dogs on a first violation should the court deem it necessary.
FISCAL IMPACT
There is no fiscal impact to the state general fund.
County budgets
might be impacted minimally for costs of destruction of vicious dogs on
a first offense.
Contact :Boundary
County
Commissioners
Commissioner Ron Smith (208)267-7723
Sen. Shawn Keough 332-1000
Rep. George Eskridge 332-1000
Rep. John Campbell 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 666