HB 1077-2_ Filed 02/18/2003, 10:46 Reske
Adopted 2/18/2003
Text Box
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
[
HOUSE MOTION ____
]
MR. SPEAKER:
I move that House Bill 1077 be amended to read as follows:
SOURCE: Page 1, line 1; (03)MO107702.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 35-46-3-4.5; (03)MO107702.1. -->
"SECTION 1.
IC 35-46-3-4.5
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 4.5. (a) As used in this
chapter, "law enforcement animal" means an animal that is owned or
used by a law enforcement agency for the principal purposes of:
(1) aiding in:
(A) the detection of criminal activity;
(B) the enforcement of laws; and
(C) the apprehension of offenders; and
(2) ensuring the public welfare.
(b) The term includes, but is not limited to, the following:
(1) A horse.
(2) An arson investigation dog.
(3) A bomb detection dog.
(4) A narcotic detection dog.
(5) A patrol dog.
(6) A search and rescue dog.
(7) A tracking dog.".
SOURCE: Page 1, line 13; (03)MO107702.1. -->
Page 1, line 13, delete "or".
Page 1, line 15, after ";" insert "
or".
Page 1, between lines 15 and 16, begin a new line block indented
and insert:
" (4) death;".
Page 1, line 16, delete "The offense is a Class C felony if".
Page 1, delete line 17.
Page 2, delete line 1.
Page 2, between lines 12 and 13, begin a new paragraph and insert:
SOURCE: IC 35-46-3-11.3; (03)MO107702.2. -->
"SECTION 2.
IC 35-46-3-11.3
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 11.3. (a) As used in this section,
"search and rescue dog" means a dog that receives special training
to locate or attempt to locate by air scent or ground or water
tracking a person who is an offender or is lost, trapped, injured, or
incapacitated.
(b) A person who knowingly or intentionally:
(1) interferes with the actions of a search and rescue dog while
the dog is performing or is attempting to perform a search
and rescue task; or
(2) strikes, torments, injures, or otherwise mistreats a search
and rescue dog;
commits a Class A misdemeanor.
(c) An offense under subsection (b)(2) is a Class D felony if the
act results in:
(1) serious permanent disfigurement;
(2) unconsciousness;
(3) permanent or protracted loss or impairment of the
function of a bodily member or organ; or
(4) death;
of the search and rescue dog.
(d) It is a defense that the accused person:
(1) engaged in a reasonable act of training, handling, or
disciplining the search and rescue dog; or
(2) reasonably believed the conduct was necessary to prevent
injury to the accused person or another person.
(e) In addition to any sentence or fine imposed for a conviction
of an offense under this section, the court may order the person to
make restitution to the person who owns the search and rescue dog
for reimbursement of:
(1) veterinary bills; and
(2) replacement costs of the dog if the dog is disabled or
killed.".
SOURCE: Page 3, line 2; (03)MO107702.3. -->
Page 3, line 2, after "act," insert "
and
IC 35-46-3-11.3
, as added by
this act,".
Renumber all SECTIONS consecutively.
(Reference is to HB 1077 as printed February 7, 2003)
________________________________________
MO107702/DI 105 2003