11 | 9 | | 7 |
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12 | 10 | | For An Act To Be Entitled 8 |
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13 | 11 | | AN ACT TO AMEND THE LAW CONCERNING ANIMALS; TO AMEND 9 |
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14 | 12 | | THE LAW CONCERNING INJURIES TO CERTAIN ANIMALS BY 10 |
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15 | 13 | | DOGS TO AUTHORIZE TREBLE DAMAGES; AND FOR OTHER 11 |
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16 | 14 | | PURPOSES. 12 |
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17 | 15 | | 13 |
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18 | 16 | | 14 |
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19 | 17 | | Subtitle 15 |
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20 | 18 | | TO AMEND THE LAW CONCERNING INJURIES TO 16 |
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21 | 19 | | CERTAIN ANIMALS BY DOGS TO AUTHORIZE 17 |
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22 | 20 | | TREBLE DAMAGES. 18 |
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23 | 21 | | 19 |
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24 | 22 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20 |
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25 | 23 | | 21 |
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26 | 24 | | SECTION 1. Arkansas Code § 20 -19-102 is amended to read as follows: 22 |
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27 | 25 | | 20-19-102. Injuries to domesticated animals by dogs — Definition. 23 |
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28 | 26 | | (a)(1) As used in this section, “domesticated animals” includes , but 24 |
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29 | 27 | | is not limited to, without limitation sheep, goats, cattle, swine, and 25 |
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30 | 28 | | poultry, and other livestock . 26 |
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31 | 29 | | (2) A person owning or having in possession or under control a 27 |
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32 | 30 | | dog is liable for damages to the owner or owners of a domesticated animal 28 |
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33 | 31 | | killed or injured by the dog for the full value of the domesticated animal 29 |
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34 | 32 | | killed or injured. 30 |
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35 | 33 | | (b)(1) A person engaged in raising domesticated animals or owning 31 |
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36 | 34 | | domesticated animals who sustains a loss or damage to any of his or her 32 |
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37 | 35 | | domesticated animals by a dog has a right of action against the owner, 33 |
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38 | 36 | | possessor, or controller of the dog. 34 |
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39 | 37 | | (2) A person knowing that a dog has killed or is about to catch, 35 |
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45 | 41 | | liability to the owner of the dog. 1 |
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46 | 42 | | (c)(1) The person sustaining loss or damage under subsection (b) of 2 |
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47 | 43 | | this section and desiring remuneration may go before file a complaint with 3 |
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48 | 44 | | the circuit court or district court having jurisdiction where the loss or 4 |
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49 | 45 | | damage occurred as permitted by the Arkansas Rules of Civil Procedure and 5 |
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50 | 46 | | allege the: 6 |
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51 | 47 | | (A) loss Loss or damage sustained, the; 7 |
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52 | 48 | | (B) value Value of the loss or damage , and the identity; 8 |
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53 | 49 | | and 9 |
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54 | 50 | | (C) Identity of the dog and the dog's owner, possessor, or 10 |
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55 | 51 | | controller by filing a complaint with the circuit court or district court 11 |
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56 | 52 | | having jurisdiction as permitted by the Arkansas Rules of Civil Procedure, . 12 |
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57 | 53 | | (2) The circuit court or district court having jurisdiction 13 |
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58 | 54 | | under subdivision (c)(1) of this section which under the rules may issue: 14 |
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59 | 55 | | (A) Issue a summons to the defendant to appear in the 15 |
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60 | 56 | | circuit court or district court having jurisdiction and answer the 16 |
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61 | 57 | | allegations.; and 17 |
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62 | 58 | | (B) Award the plaintiff treble the damages or loss in 18 |
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63 | 59 | | subdivision (c)(1)(B) of this section. 19 |
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64 | 60 | | 20 |
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