"We ate the old lady and we're sorry. Can we have Daddy back?"
Posted on 04/25/2007 5:23:55 AM PDT by devane617
Dogs in Texas are presumed safe until proven dangerous.
But maybe not for long.
Under a bill that got unanimous approval in the state House on Tuesday, dog owners could be sent to jail for up to 20 years after a first-time mauling, representing a sea change in canine jurisprudence.
Prosecutors in Texas operate under the "first bite is free" principle: Until a dog is proven dangerous as determined by a documented attack or an official court order, their owners generally can't be held criminally liable.
House Bill 1355 would establish felony penalties for the owners of dogs that seriously maul, maim or kill on the first attack.
It is now expected to go to the Senate.
But some pet activists are howling in protest.
"Potentially, any time anybody's dog gets out and bites or breaks the skin, they could go prosecute you," said Jeff Shaver, spokesman for the Responsible Pet Owners Alliance of Texas. "You're placing dog owners, even if it's an accident, on the same level as felonies such as manslaughter, rape and sexual assault."
Shaver said he supports efforts to make pet owners more responsible but would rather see laws that require dogs to be on leashes or in enclosed areas.
Under the measure approved Tuesday, the owner of a dog that causes serious injury after an unprovoked attack could face a second-degree felony, punishable by up to 10 years in prison. A fatal attack could put the owner behind bars for up to 20 years. Both offenses carry fines of up to $10,000.
The legislation, known informally as Lillian's Law, was inspired by the case of Lillian Stiles of Milam County. In 2005, the 76-year-old woman was mauled to death in her yard by a pack of dogs. Without a previous determination that the dogs were dangerous, a jury found their owner not guilty of criminal negligence.
The sponsor of the legislation, Rep. Dan Gattis, R-Georgetown, said his bill has enough safeguards in it to ensure that little Fluffy and Fido don't get on the doggy Most Wanted list for something as innocent as an errant nip or a playful bite.
Gattis' bill applies only to attacks that cause serious bodily injury and that occur outside a pet owner's property. Negligence or prior knowledge of aggression would also count.
"I didn't want to criminalize every dog bite," Gattis said. "We're wanting to deal with these truly dangerous animals that people have failed to take responsibility for and are basically wreaking havoc in our communities."
Under current law, owners can be charged with a Class C misdemeanor, which carries a maximum fine of $500, when a dangerous dog makes an unprovoked attack that causes bodily injury.
The penalty rises to a Class A misdemeanor, which carries a maximum fine of $4,000 and up to a year in jail, when a dangerous dog causes serious bodily injury -- bad enough to require medical attention -- in an unprovoked attack.
Animal control authorities have the power to euthanize dangerous pets, but there's little provision in the law now to sanction the owner of a dog that has not been declared a threat.
Rep. Tony Goolsby, R-Dallas, said he supports the Gattis bill, but only after seeking assurances that average pet lovers, particularly the owners of small lap dogs, would not have to fear being sent up the river for a little unruly canine behavior now and then. He calls his cocker spaniel, Honey, the "First Dog of District 102."
"I had a slew of calls and e-mails come in from people concerned about their little Fifi," he said. "The fear was, are they going to be subject to prison and a fine."
That’s what I thought...What happens to Doodle?
Like most laws passed with good intentions, I see the potential for serious abuse; particularly by those empowered to enforce it.
It would be inhumane to leave Doodle without an owner to love and care for him/her. So, we’ll douse Doodle in lighter fluid, I guess you can still by that stuff, and use him/her to start the fire that burns down the home. A good conservative tries to avoid waste at all cost, and of course is compassionate and want’s not pet left alone.
Little-Lucy’s guardian, since she’s a minor.
This is about mauling.
Sold to the highest bidder in Chinatown?
And this is bad because?
A Felony?
I see the march to make every citizen a convicted felon, unable to vote or own a firearm, continues unabated...
Lunch!!!
It's not bad at all---it's long overdue.
I'm a responsible gun owner, and I'm a responsible dog owner. I fully support this law.
Thanks for the suggestion.
I agree. According to whose statistics you believe there are somewhere between 400,000 and 885,000 dog bits annually that are serious enough to require emergency room treatment.
Not me. This is ridiculous overkill.
When everything’s important...
Nothing is.
TC
Really? I support harsh punishment for those whose irresponsible behavior causes seriously injury to others.
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