May 21, 2007 12:53 pm US/Central
State House Approves Violent Dog Legislation
SLIDESHOW:
When Pit Bulls Attack
Dog owners whose pets attack people could face prison time under
legislation the Texas House approved Monday and sent to Gov. Rick Perry.
The measure by Rep. Dan Gattis, R-Georgetown, provides for charging a dog owner with a third-degree felony -- punishable by up to two to 10 years in prison and a possible $10,000 fine upon conviction -- if the dog makes an unprovoked attack and seriously injures someone.
If the victim dies, the charge could be a second-degree felony, punishable by up to 20 years in prison.
The Senate approved the measure last week, making some changes to the bill. The House agreed with those changes Monday in a 135-5 vote to send the legislation to Perry.
Current state law calls for punishments ranging from a $500 fine to one year in jail. For a dog owner to be charged, the dog must have been classified as dangerous from a previous incident.
Rep. Lon Burnam, D-Fort Worth, asked Gattis a question on behalf of pet owners who frequent the Fort Woof dog park. He said they had "a bone to pick" with the bill and wanted to know whether the law would apply to them if their pets were off leash at the fenced dog park.
"The determination would be on the facts of each case," Gattis said.
If the dog had never displayed violent tendencies and was allowed off its leash at the dog park, where participants know there could be a risk, the owner may not be subjected to criminal penalties if there was an attack, Gattis said. But that might not be so if the dog had displayed aggressive tendencies and was allowed off its leash, he said.
The legislation was in the spotlight this year because of a fatal dog attack in the Austin area on 76-year-old Lillian Stiles. A pack of six dogs attacked her next to her riding lawn mower at her home near Thorndale.
The mauling was so severe it tore off her hair and clothes and left her nearly unrecognizable to her family. Her family members have advocated this legislative session for tougher punishments for the owners of violent dogs that injure or kill.
In the Stiles case, the dogs had not previously been declared dangerous. The owner was acquitted of criminally negligent homicide.
The measure by Rep. Dan Gattis, R-Georgetown, provides for charging a dog owner with a third-degree felony -- punishable by up to two to 10 years in prison and a possible $10,000 fine upon conviction -- if the dog makes an unprovoked attack and seriously injures someone.
If the victim dies, the charge could be a second-degree felony, punishable by up to 20 years in prison.
The Senate approved the measure last week, making some changes to the bill. The House agreed with those changes Monday in a 135-5 vote to send the legislation to Perry.
Current state law calls for punishments ranging from a $500 fine to one year in jail. For a dog owner to be charged, the dog must have been classified as dangerous from a previous incident.
Rep. Lon Burnam, D-Fort Worth, asked Gattis a question on behalf of pet owners who frequent the Fort Woof dog park. He said they had "a bone to pick" with the bill and wanted to know whether the law would apply to them if their pets were off leash at the fenced dog park.
"The determination would be on the facts of each case," Gattis said.
If the dog had never displayed violent tendencies and was allowed off its leash at the dog park, where participants know there could be a risk, the owner may not be subjected to criminal penalties if there was an attack, Gattis said. But that might not be so if the dog had displayed aggressive tendencies and was allowed off its leash, he said.
The legislation was in the spotlight this year because of a fatal dog attack in the Austin area on 76-year-old Lillian Stiles. A pack of six dogs attacked her next to her riding lawn mower at her home near Thorndale.
The mauling was so severe it tore off her hair and clothes and left her nearly unrecognizable to her family. Her family members have advocated this legislative session for tougher punishments for the owners of violent dogs that injure or kill.
In the Stiles case, the dogs had not previously been declared dangerous. The owner was acquitted of criminally negligent homicide.