HOUSE BILL No. 1882
DIGEST OF INTRODUCED BILL
Synopsis: Dog attacks. Specifies that a dog owner may be held civilly
liable if the owner's dog attacks someone, even if the attack occurs on
the dog owner's property. Provides that the owner of a dog that attacks
another person may be criminally liable for failing to reasonably
restrain the dog, even if the dog attack occurs on the dog owner's
Effective: July 1, 2003.
January 23, 2003, read first time and referred to Committee on Judiciary.
First Regular Session 113th General Assembly (2003)
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HOUSE BILL No. 1882
A BILL FOR AN ACT to amend the Indiana Code concerning
agriculture and animals.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 15-5-12-1; (03)IN1882.1.1. -->
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1. If a dog, without
provocation, bites any person who is acting peaceably
himself in any place where he the person:
(1) has the right to be; or
(2) may be required to go for the purpose of discharging any duty
upon him by the laws or Constitution of this state or by
the State of Indiana, the laws or Constitution of the United
States, or postal regulations of the United States of America;
the owner of such dog may be held civilly liable for any damages
suffered by the person bitten, regardless of the former viciousness of
or the owner's knowledge of such viciousness, or the fact
that the bite occurred on the dog owner's property.
SOURCE: IC 15-5-12-3; (03)IN1882.1.2. -->
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 3.
(a) Except as
provided in subsection (b),
an owner of a dog commits a Class C
misdemeanor if the owner recklessly, knowingly, or intentionally fails
to take reasonable steps to restrain the dog and,
(1) the dog enters property other than the property of the dog's
(2) as the result of the failure to restrain the dog, the dog bites or
attacks another person resulting in unprovoked bodily injury to
the other person.
except as provided in subsection (b).
(b) The offense under subsection (a) is:
(1) a Class B misdemeanor if the person has been convicted of
one (1) previous unrelated violation of this section;
(2) a Class A misdemeanor if:
(A) the person has been convicted of more than one (1)
previous unrelated violation of this section; or
(B) the violation results in serious bodily injury to a person;
(3) a Class D felony if the owner recklessly violates this section
and the violation results in the death of a person; and
(4) a Class C felony if the owner intentionally or knowingly
violates this section and the violation results in the death of a
(c) It is not a defense to an offense under subsection (a) that the
dog bite or attack occurred on the dog owner's property if:
(1) the victim was required to enter the dog owner's property
to discharge any duty imposed upon the victim by the laws or
Constitution of the State of Indiana, the laws or Constitution
of the United States, or postal regulations of the United States
of America; or
(2) the victim reasonably believed that the victim was
permitted to enter the dog owner's property.
SOURCE: ; (03)IN1882.1.3. -->
SECTION 3. [EFFECTIVE JULY 1, 2003] (a)
amended by this act, applies only to causes of action arising after
June 30, 2003.
, as amended by this act, applies to offenses
committed after June 30, 2003.