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First Substitute S.B. 70
Senator D. Edgar Allen proposes to substitute the following bill:
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DAMAGES FOR HARM TO OR THEFT OF AN
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ASSISTANCE ANIMAL
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: D. Edgar Allen
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AN ACT RELATING TO THE JUDICIAL CODE AND THE CRIMINAL CODE; PROVIDING
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A CAUSE OF ACTION REGARDING INJURY, DEATH, OR THEFT OF A SERVICE
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ANIMAL; AND CREATING A CRIMINAL OFFENSE AND PENALTY FOR HARASSING OR
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CAUSING THE INJURY OR DEATH OF A SERVICE ANIMAL.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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18-1-3, as last amended by Chapter 27, Laws of Utah 1973
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ENACTS:
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76-9-307, Utah Code Annotated 1953
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78-47-101, Utah Code Annotated 1953
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78-47-102, Utah Code Annotated 1953
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78-47-103, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
18-1-3
is amended to read:
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18-1-3. Dogs attacking domestic animals, assistance animals, hoofed protected
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wildlife, or domestic fowls.
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Any person may injure or kill a dog while it is attacking, chasing, or worrying any domestic
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animal having a commercial value, any assistance animal as defined in Section
78-47-101
, or any
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species of hoofed protected wildlife, while attacking domestic fowls, or while [such] the dog is
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being pursued thereafter.
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Section 2.
Section
76-9-307
is enacted to read:
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76-9-307. Injury to service animals -- Penalties.
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(1) As used in this section:
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(a) "Assistance animal" means an animal that is trained or is in training to:
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(i) lead or guide person who is blind or has a visual disability;
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(ii) assist a person who has a physical disability, including hearing impairment or deafness;
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or
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(iii) assist a person who has a mental disability.
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(b) "Person with a disability" means a person who is blind, visually impaired, deaf, hearing
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impaired, or otherwise has a physical or mental disability.
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(2) It is a class A misdemeanor for a person to knowingly, intentionally, or recklessly cause
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bodily injury or death to an assistance animal.
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(3) It is a class A misdemeanor for a person who owns, keeps, harbors, or exercises control
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over an animal to knowingly, intentionally, or recklessly fail to exercise sufficient control over the
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animal to prevent it from causing:
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(a) any injury or the death of an assistance animal; or
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(b) the assistance animal's subsequent inability to function as an assistance animal as a
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result of the animal's attacking, chasing, or harassing the assistance animal.
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(4) It is a class B misdemeanor for a person who owns, keeps, harbors, or exercises control
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over an animal to knowingly, intentionally, or recklessly fail to exercise sufficient control over the
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animal to prevent it from chasing or harassing an assistance animal while it is carrying out its
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functions as an assistance animal.
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(5) (a) An assistance animal is exempt from quarantine or other animal control ordinances
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if it bites any person while it is subject to an offense under Subsection (2), (3), or (4).
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(b) The owner of the assistance animal or the person with a disability whom the assistance
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animal serves shall make the animal available for examination at any reasonable time and shall
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notify the local health officer if the animal exhibits any abnormal behavior.
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(6) In addition to any other penalty, a person convicted of any violation of this section is
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liable for restitution to the owner of the assistance animal or the person with disabilities whom the
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assistance animal serves for the replacement, training, and veterinary costs incurred as a result of
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the violation of this section.
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(7) If the act committed under this section amounts to an offense subject to a greater
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penalty under another provision of Title 76, Utah Criminal Code, than is provided under this
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section, this section does not prohibit prosecution and sentencing for the more serious offense.
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Section 3.
Section
78-47-101
is enacted to read:
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CHAPTER 47. DAMAGES REGARDING INJURY TO OR THEFT
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OF ASSISTANCE ANIMAL
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78-47-101. Definitions.
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As used in this section:
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(1) "Assistance animal" means an animal that is trained or is in training to:
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(a) lead or guide person who is blind or has a visual disability;
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(b) assist a person who has a physical disability, including hearing impairment or deafness;
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or
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(c) assist a person who has a mental disability.
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(2) "Person with a disability" means a person who is blind, visually impaired, deaf, hearing
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impaired, or otherwise has a physical or mental disability.
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Section 4.
Section
78-47-102
is enacted to read:
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78-47-102. Damages recoverable for harm to or theft of assistance animal.
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(1) A person with a disability who uses an assistance animal, or the owner of an assistance
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animal has a cause of action for economic and non-economic damages against:
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(a) any person who steals, or without provocation, attacks the assistance animal; and
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(b) the owner or keeper of any animal that, without provocation, attacks an assistance
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animal.
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(2) The action authorized by this section maybe brought by a person with a disability who
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uses the assistance animal, or the owner of the animal.
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(3) The measure of economic damages in an action brought under Subsection (1) regarding
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an assistance animal that is not returned or is killed or injured due to an unprovoked attack so that
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the animal is unable again function as a service animal includes:
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(a) the replacement value of an equally trained assistance animal, without any
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differentiation for the age or experience of the animal;
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(b) costs and expenses incurred by the person with a disability or the owner, including:
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(i) costs of temporary replacement assistance services, whether provided by another
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assistance animal or by a person;
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(ii) reasonable costs incurred in efforts to recover a stolen service animal; and
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(iii) court and attorney costs incurred in bringing an action under this section.
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(4) If the unprovoked attack on a service animal results in injuries from which the animal
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recovers so it is able to again function as a service animal for the person with a disability, or if the
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theft of the service animal results in the recovery of the service animal and the animal is again able
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to function as a service animal for the person with a disability, the measure of economic damages
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is the costs and expenses incurred by the person with a disability or the owner as a result of the
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theft of or injury to the service animal, and includes:
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(a) veterinary medical expenses;
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(b) costs of temporary replacement assistance services, whether provided by another
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assistance animal or a person;
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(c) costs incurred in recovering the assistance animal, such as a reward; and
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(d) court and attorney costs incurred in bringing an action under this section.
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Section 5.
Section
78-47-103
is enacted to read:
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78-47-103. Limitation on cause of action.
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A cause of action does not exist under this section if the person with a disability who uses
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the service animal or the person having custody or supervision of the service animal was
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committing a civil or criminal trespass at the time of the theft of or attack on the assistance animal.
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