House Bill 417

AN ACT TO PROVIDE PENALTIES FOR ANY PERSON WHO INTENTIONALLY OR NEGLIGENTLY CAUSES A DOG TO BITE, WOUND OR INFLICT INJURY UPON ANOTHER PERSON; TO PROVIDE PENALTIES FOR ANY DOG OWNER OR PERSON RESPONSIBLE FOR A DOG WHICH HAS A HISTORY OF BITING OR PROPENSITY TO BITE AND NEGLIGENTLY ALLOWS THE DOG TO ESCAPE OR INJURE ANOTHER PERSON; TO PROVIDE ENHANCED PENALTIES IF INJURIES CAUSED IN VIOLATION OF THIS ACT RESULT IN DEATH OR MUTILATION; TO AUTHORIZE CIVIL REMEDIES FOR ANY PERSON HARMED IN VIOLATION OF THIS ACT; TO AMEND SECTION 97-3-45, MISSISSIPPI CODE OF 1972, WHICH PROVIDES A PENALTY WHEN AN AT-LARGE DOG KILLS A HUMAN, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) Any person who intentionally or with criminal negligence causes any dog to bite, wound, or inflict physical injury on a human being shall be guilty of a felony, fined not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or imprisoned in the custody of the Department of Corrections for not more than three (3) years, or both.

(2) An owner or person who is responsible for the care of a dog that knows or has reason to know that the dog has a history of biting, has a propensity to cause injury or to otherwise endanger the safety of human beings without provocation or has been found by a court of competent jurisdiction to be vicious and dangerous; and such person does not take reasonable care to prohibit the dog from escaping to the outside of a residence or enclosed area, yard or structure shall be guilty of a misdemeanor, and upon conviction, fined not more than One Thousand Dollars ($1,000.00), or imprisoned in the county jail not more than six (6) months, or both. If such dog bites, inflicts physical injury or attacks a human being, the owner or responsible person shall be guilty of a felony, and upon conviction, fined not less than One Thousand Dollars ($1,000.00), nor more than Five Thousand Dollars ($5,000.00), or imprisoned in the custody of the Department of Corrections up to three (3) years, or both.

(3) Any person who is convicted of a second or subsequent offense in violation of subsections (1) or (2), the offenses being committed within a period of five (5) years, shall be guilty of a felony, and upon conviction, fined not more than Ten Thousand Dollars ($10,000.00), or imprisoned in the custody of the Department of Corrections not more than ten (10) years, or both.

(4) If the physical injury that results from violations of subsection (1) or (2) of this act causes the death of another or mutilates, disfigures, permanently disables or destroys the tongue, eye, lip, nose or any other limb, organ or member of another, the person who is in violation, shall, upon conviction, be guilty of a separate felony for each victim who suffers death, mutilation, disfigurement or other injury and shall be committed to the custody of the State Department of Corrections for a period of time of not less than five (5) years, nor more than twenty-five (25) years for each death, mutilation, disfigurement or other injury, and the imprisonment for the second or each subsequent conviction, in the discretion of the court, shall commence either at the termination of the imprisonment for the preceding conviction or run concurrently with the preceding conviction. Any person charged with causing the death of another as described in this subsection shall be required to post bail before being released after arrest.

(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 of the dog to produce or confine the dog. Any person who refuses or fails to comply with this subsection (5) shall be guilty of a misdemeanor. Upon conviction under this act, the offender shall 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.

(6) (a) A civil action for damages may be brought for the violation of any provision of this section.

(b) Any person who is injured because of another person's violation of the provisions of this section may commence a civil action. Upon a finding that a person violated the provisions of this section, the aggrieved party shall be entitled to recover threefold the actual damages, including pain and suffering. These damage remedies shall be cumulative, and not exclusive of other remedies afforded under any other state or federal law.

SECTION 2. Section 97-3-45, Mississippi Code of 1972, is amended as follows:

97-3-45. * * *If Except as otherwise provided by Section 1 of this act for an owner of a dog, the owner of a mischievous animal, knowing its propensity, * * *~~wilfully~~ willfully suffer it to go at large, or shall keep it without ordinary care, and such animal, while so at large, or not confined, kill any human being who shall have taken reasonable precautions to avoid the animal, such owner shall be guilty of manslaughter.

SECTION 3. This act shall take effect and be in force from and after July 1, 2022.