24 LC 54 0311
House Bill 1187
By: Representatives Thomas of the 21
st
, Bonner of the 73
rd
, Mathiak of the 74
th
, and Hagan
of the 156
th
A BILL TO BE ENTITLED
AN ACT
To amend Title 16, Chapter 4 of Title 30, and Chapter 6 of Title 40 of the Official Code of
1
Georgia Annotated, relating to crimes and offenses, rights of persons with disabilities, and2
uniform rules of the road, respectively, so as to change references to assistance and guide3
dogs to service dogs; to provide for definitions and conforming changes; to provide for a4
criminal penalty for a person who causes death or physical harm to a service dog; to provide5
for exceptions; to revise provisions relating to the use and training of service dogs; to provide6
for a penalty for persons who misrepresent the need for a service dog; to provide for related7
matters; to repeal conflicting laws; and for other purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is11
amended in Chapter 11, relating to offenses against public order and safety, by revising Code12
Section 16-11-107.1, relating to harassment of assistance dog by humans or other dogs and13
penalty, as follows:14
"16-11-107.1.15
(a) As used in this Code section, the term:16
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(1) 'Assistance dog' means a dog that is or has been trained by a licensed or certified17
person, organization, or agency to perform physical tasks for a physically challenged18
person. Assistance dogs include guide or leader dogs that guide individuals who are19
legally blind; hearing dogs that alert individuals who are deaf or hard of hearing to20
specific sounds; and service dogs for individuals with disabilities other than blindness or21
deafness, which are trained to perform a variety of physical tasks, including, but not22
limited to, pulling a wheelchair, lending balance support, picking up dropped objects, or23
providing assistance in a medical crisis.24
(2) 'Harass' means to engage in any conduct directed toward an assistance a service dog25
that is knowingly likely to impede or interfere with the assistance service dog's26
performance of its duties or that places the blind, deaf, or physically limited physically27
or mentally impaired person being served or assisted by the service dog in danger of28
injury.29
(3)(2) 'Notice' means an oral or otherwise communicated warning proscribing the30
behavior of another person and a request that the person stop the particular behavior.31
(3) 'Service dog' shall have the same meaning as set forth in Code Section 30-4-1.32
(b) Any person who knowingly and intentionally with criminal negligence harasses or33
attempts to harass an assistance a service dog, knowing when he or she knows or should34
know the dog to be an assistance a service dog, shall be guilty of a misdemeanor and, upon35
conviction thereof, shall be punished by imprisonment for not less than 90 days or a fine36
not to exceed $500.00, or both.37
(c) Any person who has received notice that his or her behavior is interfering with the use38
of an assistance a service dog and who continues to knowingly and intentionally harass an39
assistance the service dog, knowing the dog to be an assistance dog, shall be guilty of a40
misdemeanor and, upon conviction thereof, shall be punished by imprisonment for not less41
than 90 days or a fine not to exceed $500.00, or both, provided that any person who is42
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convicted of a second or subsequent violation of this subsection shall be punished as for
43
a misdemeanor of a high and aggravated nature.44
(d) Any person who knowingly and intentionally
with criminal negligence allows his or45
her dog to harass an assistance a service dog, knowing when he or she knows or should46
know the dog to be an assistance a service dog, shall be guilty of a misdemeanor and, upon47
conviction thereof, shall be punished by imprisonment for not less than 90 days or a fine48
not to exceed $500.00, or both, provided that any person who is convicted of a second or49
subsequent violation of this subsection shall be punished as for a misdemeanor of a high50
and aggravated nature.51
(e) Any person who knowingly and intentionally with criminal negligence allows his or52
her dog to cause death or physical harm to an assistance a service dog by rendering a part53
of the assistance service dog's body useless or by seriously disfiguring the assistance54
service dog, knowing when he or she knows or should know the dog to be an assistance a55
service dog, shall be punished as for a misdemeanor of a high and aggravated nature.56
(f) Any person who causes death or physical harm to a service dog by rendering a part of57
the service dog's body useless or by seriously disfiguring the service dog, when he or she58
knows or should know the dog to be a service dog, shall be guilty of a felony and, upon59
conviction thereof, shall be punished by imprisonment for not less than one nor more than60
five years and by a fine of not more than $10,000.00. This subsection shall not apply to61
the euthanasia of a service dog for humane purposes in a manner consistent with the62
provisions of Code Section 4-11-5.1."63
SECTION 2.64
Said title is further amended in Chapter 12, relating to offenses against public health and65
morals, by revising paragraph (6) of subsection (a) of Code Section 16-12-120, relating to66
certain acts in public transit buses, rapid rail cars, or stations and penalty, as follows:67
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"(6) Carries or possesses any explosives, acids, other dangerous articles, or live animals,
68
except for the following:69
(A) A guide dog or
service dog as described in Code Section 30-4-2, provided that70
such guide dog or service dog is accompanied by a physically disabled person, blind71
person, person with visual disabilities, deaf physically or mentally impaired person, or72
a person who is responsible for training a guide dog or service dog; and73
(B) Small pets confined to rigid pet carriers with locks or latches;"74
SECTION 3.75
Chapter 4 of Title 30 of the Official Code of Georgia Annotated, relating to rights of persons76
with disabilities, is amended by revising Code Section 30-4-1, relating to definitions, as77
follows:78
"30-4-1.79
As used in this chapter, the term:80
(1) 'Activities of daily living' means tasks that are essential, routine, and provide for an81
individual's basic physical needs, including but not limited to eating, toileting, grooming,82
dressing, shaving, walking, and transferring.83
(2) 'Housing accommodations' means any real property or portion thereof which is used84
or occupied, or intended, arranged, or designed to be used or occupied, as the home,85
residence, or sleeping place of one or more human beings but shall not include any86
single-family residence the occupants of which rent, lease, or furnish for compensation87
not more than one room therein.88
(2) 'Physically disabled person' means any person, regardless of age, who is subject to89
a physiological defect or deficiency regardless of its cause, nature, or extent that renders90
the person unable to move about without the aid of crutches, a wheelchair, or any other91
form of support, or that limits the person's functional ability to ambulate, climb, descend,92
sit, rise, or to perform any related function.93
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(3) 'Owner training' means training of a dog to become a service dog by an owner who94
is a physically or mentally impaired person by teaching the dog to perform the specific95
tasks that directly assist such owner and directly relate to such owner's specific disability.96
(4) 'Physically or mentally impaired person' means any person, regardless of age, who,97
regardless of the cause, nature, or extent, is rendered substantially limited or unable to98
perform one or more activities of daily living as a result of developmental deficiencies,99
the aging process, learning disabilities, physical injury or disease, cognitive impairments,100
or psychological or social disabilities.101
(5) 'Service dog' means any domestic canine that has been individually trained to do102
work or perform tasks that directly assist a physically or mentally impaired person and103
directly relate to such person's specific disability. Such term shall not include a dog that104
has not been trained to do a specific job or task or that solely provides comfort,105
companionship, or emotional support to a person, regardless of such person's disability106
status."107
SECTION 4.108
Said chapter is further amended by revising Code Section 30-4-2, relating to right to equal109
public accommodations and right to be accompanied by guide dog or service dog, as follows:110
"30-4-2.111
(a) Physically or mentally impaired Blind persons, persons with visual disabilities, persons112
with physical disabilities, and deaf persons are entitled to full and equal accommodations,113
advantages, facilities, and privileges on all common carriers, airplanes, motor vehicles,114
railroad trains, motor buses, streetcars, boats, or any other public conveyances or modes115
of transportation and at hotels, lodging places, places of public accommodation,116
amusement, or resort, and other places to which the general public is invited, subject only117
to the conditions and limitations established by law and applicable alike to all persons.118
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(b)(1) Every totally or partially blind person shall have the right to be accompanied by119
a guide dog, and every physically disabled person and every deaf physically or mentally120
impaired person shall have the right to be accompanied by a service dog, especially121
trained for the purpose, in any of the places listed in subsection (a) of this Code section122
without being required to pay an extra charge for the guide or service dog; provided,123
however, that he or she shall be liable for any damage done to the premises or facilities124
by such service dog. In addition, if such totally or partially blind person, physically125
disabled person, or deaf physically or mentally impaired person is a student at a private126
or public school in this state, such person shall have the right to be accompanied by a127
guide dog or service dog subject to liability for damage as provided in the preceding128
sentence. The guide dog or service dog must be identified as having been trained by a129
school for seeing eye, hearing, service, or guide dogs.130
(2) Every person engaged in the training of a guide dog or service dog for the purpose131
of accompanying a person as provided in paragraph (1) of this subsection shall have the132
same right to be accompanied by such service dog being trained as the totally or partially133
blind person, deaf person, or physically disabled physically or mentally impaired person134
has under paragraph (1) of this subsection, so long as such trainer is engaged in owner135
training or is identified as an agent or employee of a school for seeing eye, hearing,136
service, or guide service dogs.137
(3) Every person engaged in the raising of a dog for training as a guide dog or service138
dog for the purpose of accompanying a person as provided in paragraph (1) of this139
subsection and every physically or mentally impaired person who is engaged in owner140
training of his or her dog as a service dog shall have the same right to be accompanied141
by such dog being raised for training or in owner training as the totally or partially blind142
person, deaf person, or physically disabled physically or mentally impaired person has143
under paragraph (1) of this subsection, so long as:144
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(A) Such dog is being held on a leash and is under the control of the person raising
145
such dog for an accredited school for seeing eye, hearing, service, or guide dogs
; and146
(B) Such person has on his or her person and available for inspection credentials from147
the accredited school for which the dog is being raised; and148
(C) Such dog is wearing a collar, leash, or other appropriate apparel or device that149
identifies such dog with the accredited school for which such dog is being raised as150
being trained as a service dog.151
(c) Service dogs in training shall have the same rights and protections under the law as152
working service dogs.153
(d) Every totally or partially blind person operating a vending stand shall have the right154
to be accompanied by a trained guide service dog on the entire premises of his or her155
vending operation."156
SECTION 5.157
Said chapter is further amended by revising Code Section 30-4-3, relating to right to housing158
accommodations, as follows:159
"30-4-3.160
(a) Physically or mentally impaired Blind persons, visually disabled persons, physically161
disabled persons, and deaf persons shall be entitled to rent, lease, or purchase, as other162
members of the general public, all housing accommodations offered for rent, lease, or other163
compensation in this state, subject to the conditions and limitations established by law and164
applicable alike to all persons.165
(b) Every totally or partially blind person, every physically disabled person, and every deaf166
physically or mentally impaired person who has a guide dog or service dog or who obtains167
a guide dog or service dog and every person engaged in the training of a guide dog or168
service dog shall be entitled to full and equal access to all housing accommodations169
provided for in this Code section, and he or she shall not be required to pay extra170
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compensation for such guide dog or service dog. However, he or she shall be liable for any171
damage done to the premises by such guide dog or service dog.172
(c) Nothing in this Code section shall require any person renting, leasing, or otherwise173
providing real property for compensation to modify his or her property in any way or174
provide a higher degree of care for a blind, visually disabled, physically disabled, or deaf175
physically or mentally impaired person than for a person who is not so disabled physically176
or mentally impaired."177
SECTION 6.178
Said chapter is further amended by revising Code Section 30-4-4, relating to denial of or179
interference with admittance to or enjoyment of facilities or exercise of rights, as follows:180
"30-4-4.181
(a) Any person, firm, or corporation, or the agent of any person, firm, or corporation, who182
denies or interferes with admittance to or enjoyment of the facilities enumerated in this183
chapter or otherwise interferes with the rights of a totally or partially blind person,184
physically disabled person, or deaf physically or mentally impaired person or person185
engaged in the training or raising of a guide dog or service dog as provided by this chapter186
shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction187
thereof, shall be punished by a fine not to exceed $2,000.00, imprisonment for not more188
than 30 days, or both.189
(b) Any individual who deliberately misrepresents himself or herself as qualified to use190
a service dog or train or raise service dogs for the purpose of obtaining accommodations191
or securing rights under this chapter shall be guilty of a misdemeanor of a high and192
aggravated nature and, upon conviction thereof, shall be punished by a fine not to exceed193
$2,000.00, imprisonment for not more than 30 days, or both."194
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SECTION 7.
195
Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules196
of the road, is amended by revising Code Section 40-6-94, relating to right of way of blind197
pedestrian, as follows:198
"40-6-94.199
The driver of every vehicle shall yield the right of way to any blind pedestrian who is200
carrying a walking cane or stick white in color or white tipped with red or who is201
accompanied by a guide dog
service dog."202
SECTION 8.203
All laws and parts of laws in conflict with this Act are repealed.204
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