HOUSE BILL NO. 1929 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE SCHMIDT.
4198H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 578.024, RSMo, and to enact in lieu thereof one new section relating to the offense of keeping a dangerous dog, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 578.024, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 578.024, to read as follows: 578.024. 1. A person commits the offense of keeping a dangerous dog if he or she 2 owns or possesses a dog that has [previously] bitten a person or a domestic animal without 3 provocation [and that dog bites any person on a subsequent occasion]. 4 2. The offense of keeping a dangerous dog is a class B misdemeanor, unless such 5 attack: 6 (1) Results in serious physical injury, as defined in section 556.061, or serious 7 emotional injury, as defined in section 568.050, to any person, in which case, it is a class A 8 misdemeanor; or 9 (2) Results in serious physical injury, as defined in section 556.061, or serious 10 emotional injury, as defined in section 568.060, to any person and [any previous attack also 11 resulted] the dog has previously attacked a person resulting in serious physical injury [to 12 any person] or serious emotional injury, in which case, it is a class E felony; or 13 (3) Results in the death of any person, in which case, it is a class D felony. 14 3. In addition to the penalty included in subsection 2 of this section, if any dog that 15 has previously bitten a person or a domestic animal without provocation bites any person on a 16 subsequent occasion or if a dog that has not previously bitten a person attacks and causes 17 serious physical injury or serious emotional injury to or the death of any human, the dog
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1929 2
18 shall be seized immediately by an animal control authority or by the county sheriff. The dog 19 shall be impounded and held for ten business days after the owner or possessor is given 20 written notification and thereafter destroyed. 21 4. The owner or possessor of the dog that has been impounded may file a written 22 appeal to the circuit court to contest the impoundment and destruction of such dog. The 23 owner or possessor shall provide notice of the filing of the appeal to the animal control 24 authority or county sheriff who seized the dog. If the owner or possessor files such an appeal 25 and provides proper notice, the dog shall remain impounded and shall not be destroyed while 26 such appeal is pending and until the court issues an order for the destruction of the dog. The 27 court shall hold a disposition hearing within thirty days of the filing of the appeal to 28 determine whether such dog shall be humanely destroyed. The court may order the owner or 29 possessor of the dog to pay the costs associated with the animal's keeping and care during the 30 pending appeal. 31 5. Notwithstanding any provision of sections 273.033 and 273.036, section 578.022 32 and this section to the contrary, if a dog attacks or bites a person who is engaged in or 33 attempting to engage in a criminal activity at the time of the attack, the owner or possessor is 34 not guilty of any crime specified under this section or section 273.036, and is not civilly liable 35 under this section or section 273.036, nor shall such dog be destroyed as provided in 36 subsection 3 of this section, nor shall such person engaged in or attempting to engage in a 37 criminal activity at the time of the attack be entitled to the defenses set forth in section 38 273.033. For purposes of this section "criminal activity" shall not include the act of trespass 39 upon private property under section 569.150 as long as the trespasser does not otherwise 40 engage in, attempt to engage in, or have intent to engage in other criminal activity nor shall it 41 include any trespass upon private property by a person under the age of twelve under section 42 569.140. ✔
Statutes affected: