Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
Judiciary Committee |
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HB 2043
Title: An act relating to dangerous or potentially dangerous dogs.
Brief Description: Changing provisions relating to dangerous dogs.
Sponsors: Representatives Kirby, Campbell and Carrell.
Brief Summary of Bill |
• Provides that a dog's breed is not a determining factor when declaring a dog potentially dangerous or dangerous. |
• Provides that a dog may not be considered potentially dangerous or dangerous based on infliction of injury to a person committing a tort on the owner's premises, tormenting the dog, or committing a crime. |
Hearing Date: 3/3/03
Staff: Aaron Anderson (786-7119), Edie Adams (786-7180).
Background:
Dogs that meet certain behavior standards can be declared "potentially dangerous" or "dangerous" by an animal control authority.
A potentially dangerous dog is one that, when unprovoked: 1) bites a human or domestic animal; 2) chases a person in public or approaches a person in public in a menacing fashion; or 3) has a known propensity to attack, cause injury, or threaten the safety of humans or domestic animals. Potentially dangerous dogs are regulated only on the local level.
A dangerous dog is one that: 1) inflicts severe injury on a human without provocation; 2) kills a domestic animal while off the owner's property; or 3) is already declared a potentially dangerous dog due to injury to a human, and again bites, attacks, or endangers the safety of humans. A dog cannot be declared dangerous for inflicting an injury to a person who was committing a tort on the owner's premises, tormenting the dog, or committing a crime.
The owner of a dangerous dog must register the dog and meet several requirements, including a proper enclosure, a surety bond of at least $250,000 payable to any person injured by the dog, and liability insurance of at least $250,000. Dangerous dogs cannot be taken outside of the dog's enclosure unless the dog is muzzled and restrained.
Summary of Bill:
The breed of a dog cannot be used as a factor to declare a dog potentially dangerous or dangerous.
A dog cannot be declared potentially dangerous or dangerous if a dog threatens or injures a person who, at the time, was: 1) committing a tort upon the premises of the dog's owner; 2) tormenting, abusing, or assaulting the dog, or has done so in the past; or 3) committing or attempting to commit a crime.
Appropriation: None.
Fiscal Note: Not Requested.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.