OKLAHOMA CITY -- State Rep. Paul Wesselhöft has drafted legislation for next year's session that makes it a felony for first-time dog bites.

"This marks a paradigm shift, a dramatic change, in canine jurisprudence," said Wesselhöft, R-Moore. "If passed, this law will become model legislation for other states that have been plagued with vicious dog attacks, especially from the pit bull breed."

"Pit bull breeders have the voraciously criticized me for picking on their innocent breed and not going after the owner; so now, I am going after the owners.

Wesselhöft said prosecutors in Oklahoma operate under the "first bite is free" principle - until a dog is proven dangerous as the result of a documented attack, owners generally can't be held criminally liable.

Wesselhöft's bill would establish a felony for owners of dogs that seriously maul, maim or kill on the first attack.

The owner of a dog that causes serious injury after an unprovoked attack would face a felony punishable by a mandatory year in prison. A fatal attack could put the owner behind bars for an extended period of time. Both offenses carry fines of $10,000.

The Moore lawmaker said his bill has enough safeguards to ensure that "little Fluffy and

Fido don't get on the 'doggy's most wanted list' for something as innocent as an errant nip or a playful bite." The bill would only apply to attacks occurring outside the pet owner's property and attacks that cause serious injury-defined as multiple bites or severe bite wounds or severe ripping, shredding or tearing of muscle that would cause a reasonable prudent person to seek treatment from a medical professional and would require hospitalization.

Negligence or prior knowledge of aggression would also result in charges.

"I don't want to criminalize every dog bite," said Wesselhöft. "I want to deal with the truly dangerous animals that people have failed to take responsibility for that are wreaking havoc throughout our state."

In Wesselhöft's estimation, Oklahoma has experienced an epidemic of serious dog attacks during the last few years, particularly from pit bulls.

Wesselhöft emphasizes that his bill is not breed specific. However, if this bill becomes law, Wesselhöft predicts it will curtail the pit bull population because "people will think twice before buying a pit bull knowing that they will be a convicted felon wallowing in prison for a year if their dog seriously injures someone."
 

http://www.tulsaworld.com/news/article.aspx?articleID=070716_1__OKLAH63322