House Bill 1037

AN ACT TO CREATE THE MISSISSIPPI DANGEROUS DOG CONTROL ACT; TO DEFINE "DANGEROUS DOG" AND OTHER TERMS USED IN THIS ACT; TO ESTABLISH EXCEPTIONS TO WHEN A DOG MAY BE DEEMED TO BE DANGEROUS; TO CREATE THE MISDEMEANOR OFFENSE OF FAILURE TO CONTROL A DANGEROUS DOG; TO ESTABLISH PENALTIES FOR VIOLATIONS OF THIS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. This act shall be known and may be cited as the "Mississippi Dangerous Dog Control Act."

SECTION 2. As used in this act, the following words and phrases have the meanings ascribed in this section unless the context clearly indicates otherwise:

(a) "Companion animal" means a domestic dog or cat with current rabies vaccination or a service animal.

(b) "Confine" means to keep a dangerous dog in an enclosure from which the dog cannot escape.

(c) "Dangerous dog" means a canine or canine crossbreed that, when unprovoked, has bitten, attacked or inflicted serious injury on a human being or companion animal or killed a companion animal.

(d) "History of attack" means a dog that has inflicted, on at least one (1) occasion, a severe injury on a human being without provocation on public or private property, or a dog that has killed or inflicted severe injury on a companion animal without provocation while off the property of the owner or keeper of the dog.

(e) "Keeper" means a person who feeds or provides water to a dog on a regular basis or allows a dog to remain on the person's property on a regular basis.

(f) "Restrain" means to keep a dangerous dog on a leash when the dog is outside of an enclosure.

(g) "Severe injury" means an injury inflicted by a canine or canine crossbreed upon a person or companion animal which consists of an attack of more than a single nip or bite that results in:

(i) A puncture wound or other injury that is more than a scratch, minor abrasion or other minor injury on a human being; or

(ii) Death or a puncture wound or other serious injury that is more than a scratch, minor abrasion or other minor injury on a companion animal.

(h) "Unprovoked" means action by a dog that includes biting, attacking or forcibly coming into unwanted physical contact with a person who is acting peaceably and lawfully or a companion animal that is acting peaceably and lawfully.

SECTION 3. (1) A dog may not be deemed to be a dangerous dog solely because the dog is a particular breed. This act does not prohibit the ownership of any particular breed of dog.

(2) A dog may not be deemed to be a dangerous dog if the threat, injury or damage by the dog was sustained by a person who:

(a) Was committing, at the time of the threat, injury or damage, a crime upon the premises occupied by the dog's keeper, owner or custodian;

(b) Was committing, at the time of the threat, injury or damage, a willful trespass upon the premises occupied by the dog's keeper, owner or custodian; or

(c) Was provoking, tormenting or physically abusing the dog or can be shown to repeatedly have provoked, tormented, abused or assaulted the dog at other times.

(3) A police dog may not be deemed to be a dangerous dog for actions taken by the dog while engaged in the performance of its official duties.

(4) A dog may not be deemed to be a dangerous dog if the dog, at the time of the threat, injury or damage complained of, was responding to pain or injury or was protecting itself, its kennel, its offspring, a person or the property of its keeper, owner or custodian.

(5) A dog may not be deemed to be a dangerous dog for actions taken by the dog while working, herding or guarding livestock or protecting related agricultural enterprises, including, but not necessarily limited to, the land, barns and accessory structures where the livestock are located.

(6) A dog may not be deemed to be a dangerous dog as a result of biting, attacking or inflicting injury on another dog or a cat while the dog is engaged, with its keeper, owner or custodian, as part of a lawful hunting or as a participant in an organized, lawful dog handling event.

(7) A dog may not be deemed to be a dangerous dog if the court determines, based on the totality of the evidence before the court or for other good cause, that the dog is not dangerous or a threat to the community.

SECTION 4. The owner or keeper of a dog is guilty of the criminal offense of failure to control a dangerous dog if the following elements of the offense are proven:

(a) The dog has a history of attack, without provocation, on human beings or companion animals; and

(b) The owner or keeper of the dog, willfully or recklessly, has failed to confine or restrain a dangerous dog.

SECTION 5. Whenever an owner or keeper of a dog is charged with a violation of this act, a law enforcement officer or animal control officer may confine the dog until such time as evidence has been heard and a verdict rendered. The court, through its contempt powers, may compel the owner, custodian, keeper or harborer of the dog to produce or confine the dog. The failure or refusal of a person to comply with this act constitutes the misdemeanor offense of failure to control a dangerous dog. Upon conviction under this act, the offender must be punished as follows:

(a) For a first offense, by a fine not to exceed Five Hundred Dollars ($500.00) or imprisonment in the county jail for not more than three (3) months, or both.

(b) For a second offense, by a fine not to exceed One Thousand Dollars ($1,000.00) or imprisonment in the county jail for not more than six (6) months, or both.

(c) For a third or subsequent offense, by a fine not to exceed Five Thousand Dollars ($5,000.00) or imprisonment in the county jail for not more than one (1) year, or both.

SECTION 6. This act shall take effect and be in force from and after July 1, 2020.