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Petitions                                                                                                                                               Alert!

Senator Houck is crafting legislation, known as the Dorothy Sullivan Memorial Bill, that includes the following changes to Section 3.1-796.93:1of the Virginia Code relating to the control of dangerous and vicious dogs. These changes will further protect the citizens of the Commonwealth from dangerous dogs as well as create punitive consequences for owners who do not take the steps necessary to prevent their dogs from injuring others.

1.) Require the control of dangerous dogs statewide with a mandated framework.

2.) Provided criminal penalties for the owners by setting out a penalty scheme ranging from a Class 3 misdemeanor to a Class 5 felony for violations that result in serious injury or death. These penalties would be applicable from the first bite and have stronger penalties once a dog has been adjudicated as dangerous.

3.) Expand the authority to petition a court to find a dog dangerous to any law enforcement officer and make that petition mandatory. Allow any citizen to initiate a complaint with a law enforcement officer or animal control officer.

4.) Create a Virginia Dangerous Dog Register maintained by the State Veterinarian and published in an accessible website. Require that a change in the status of dangerous dog be submitted to the local animal control officer in writing.

5.) Prohibit the transfer of ownership of any dog declared dangerous, except for surrender to the local animal control. Prohibit the sale, adoption, transfer or foster of dangerous dogs by any animal control officer, pound, shelter, foster care provider or home, dealer, home based rescue or other releasing agency. Surrender of dog that is subject of a pending action to animal control shall not bar prosecution nor be in lieu of prosecution

6.) Expand definition of "dangerous dogs to include dogs that inflict injury to a companion animal requiring the animal to be euthanized.

7.) A dog that has been found to be dangerous or vicious shall be so considered throughout the Commonwealth.

8.) Dogs found to be dangerous or vicious shall be prohibited from importation into the Commonwealth.

9.) Require insurance be maintained for a dangerous dog and raise the policy limit requirement to $300,000, allow for a surety bond in lieu of an insurance policy.

10.) Limit the leash length for a dangerous dog to not longer than six feet.

Senator Houck has also included the Crime Commission's recommendation for Section 3.1-796.93:1 that a law enforcement officer that has obtained a summons relay the pertinent facts to the local animal control officer.

Also reflected in Senator Houck's bill is the recommendation of the Crime Commission that certain conduct with an animal be punishable as a felony: Adding a section numbered 18.2-36.2, relating to punishment for vicious dogs attacks;
§ 18.2-36.2. Certain conduct with animals punishable as felony.
A. Any owner or custodian whose willful act or omission in the care, control or containment of a dog or other animal is so gross, wanton and culpable as to show a reckless disregard for human life, and is the proximate cause of such dog or other animal attacking and severely injuring any person, shall be guilty of a Class 6 felony. The fact that such dog or other animal has previously inflicted serious bodily injury or death on a person, and at the time of the attack was roaming at large unsupervised, shall be prima facie evidence of the owner or custodian's reckless disregard for human life.
B. The provisions of this section shall not apply when the victim of the attack was: (i) committing, at the time, a crime other than trespass upon the premises occupied by the animal's owner or custodian; (ii) an adult and was committing, at the time, a willful trespass or other tort upon the premises occupied by the animal's owner or custodian; or (iii) provoking, tormenting, or physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times. However, in the event the animal responsible for the death was a dog that had previously been declared dangerous or vicious, pursuant to an ordinance enacted in accordance with § 3.1-796.93:1, the provisions set forth in subdivisions (i), (ii), and (iii) of this subsection shall not apply unless, at the time of the attack, the dog was securely confined indoors in a manner consistent with § 3.1-796.93:1(4)(i) and (5).
C. The provisions of this section shall not apply when the animal was a police dog which was engaged in the performance of its duties at the time of the attack.


 

 
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