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    WITHDRAWN        Noes _______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)

________________________________________

Representative Reske


MO107702/DI 105     2003