Senate Bill 2775

AN ACT TO AMEND SECTION 97-3-45, MISSISSIPPI CODE OF 1972, TO REVISE THE CRIME OF MANSLAUGHTER AS CHARGED AGAINST THE OWNER OF AN ANIMAL THAT KILLS A HUMAN BEING WHEN ALLOWED TO RUN AT LARGE; TO CREATE AN ADDITIONAL CRIME FOR THE OWNER OF A DOG WHO SERIOUSLY INJURES A PERSON UNDER CERTAIN CIRCUMSTANCES; TO DEFINE TERMS; TO CREATE EXCEPTIONS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 97-3-45, Mississippi Code of 1972, is amended as follows:

97-3-45. (1) If the owner of a dangerous animal, other than a dog, knowing its propensity, allows it to go at large, or * * * keeps it without ordinary care, and such animal, while * * * at large, or not confined, kills any human being who shall have taken reasonable precautions to avoid the animal, the owner shall be guilty of manslaughter.

(2) (a) The owner of a dangerous dog that causes serious bodily injury to a human being without provocation shall be punished by imprisonment in the county jail for not more than one (1) year or in the custody of the Department of Corrections for not more than ten (10) years if the keeping, harboring or ownership of the dog was prohibited by applicable municipal or county ordinance at the time of the injury.

(b) The owner of any dog that causes the death of a human being without provocation is guilty of a felony and shall be punished by imprisonment in the custody of the Department of Corrections for not more than twenty (20) years.

(3) For the purposes of this section:

(a) "Dangerous dog" means a dog that has caused serious bodily injury to a person or a dog that may be reasonably assumed to pose a threat to public safety because it is a dog that engages in or is trained for fighting as prohibited by Section 97-41-18 or 97-41-19.

(b) "Owner" means a person who possesses, harbors, keeps or has control or custody of a dog or, if that person is under the age of eighteen, that person's parent or guardian.

(4) A person who is convicted under this section may be ordered to pay restitution pursuant to Section 99-37-3.

(5) Prosecution pursuant to this section requires a showing that the owner knew or should have known of the propensity of a dog to inflict serious injury.

(6) A dog shall not be declared a dangerous dog if:

(a) The dog was being used by a law enforcement official for legitimate law enforcement purposes;

(b) The injury or death was sustained by a person who was:

(i) Trespassing upon premises occupied by the owner or the dog;

(ii) Provoking, tormenting, abusing or assaulting the dog or had repeatedly, in the past, provoked, tormented, abused or assaulted the dog; or

(iii) Committing or attempting to commit a crime; or

SECTION 2. This act shall take effect and be in force from and after July 1, 2011.