HLS 10RS-161 REENGROSSED Page 1 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2010 HOUSE BILL NO. 219 BY REPRESENTATIVE ST. GERMAIN CRIME: Creates the crime of illegally restraining a dog AN ACT1 To enact R.S. 14:102.24, relative to offenses affecting public sensibility; to create the crime2 of unlawful restraint of a dog; to provide for definitions; to provide for exceptions;3 to provide for applicability; to provide criminal penalties; and to provide for related4 matters.5 Be it enacted by the Legislature of Louisiana:6 Section 1. R.S. 14:102.24 is hereby enacted to read as follows: 7 ยง102.24. Unlawful restraint of a dog; definitions; penalties8 A. As used in this Section:9 (1) "Collar" means any collar constructed of nylon, leather, or similar10 material, specifically designed to be used for a dog.11 (2) "Owner" means a person who owns or has custody or control of a dog.12 (3) "Properly fitted" means, with respect to a collar, a collar that measures13 the circumference of a dog's neck plus at least one inch.14 (4) "Restraint" means a chain, rope, tether, leash, cable, or other device that15 attaches a dog to a stationary object or trolley system.16 B. It shall be unlawful for an owner to leave a dog unattended and restrained17 by use of a tether, chain, or other restraint attached to a pinch-type, prong-type, or18 choke-type collar or restrained by other means which causes injury to the dog.19 C. The provisions of this Section shall not apply to any of the following:20 (1) Accepted veterinary practices.21 HLS 10RS-161 REENGROSSED HB NO. 219 Page 2 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (2) Activities carried on for scientific or medical research governed by1 accepted standards.2 (3) A dog restrained to a running line, pulley, or trolley system and is not3 restrained to the running line, pulley, or trolley system by means of a pinch-type,4 prong-type, choke-type, or improperly fitted collar.5 (4) A dog restrained in compliance with the requirements of a camping or6 recreational area as defined by a federal, state, or local authority or jurisdiction.7 (5) A dog restrained for a reasonable period, not to exceed three hours in a8 twenty-four-hour period, and no longer than is necessary for the owner to complete9 a temporary task that requires the dog to be restrained.10 (6) A dog restrained while the owner is engaged in, or actively training for,11 an activity that is conducted pursuant to a valid license issued by this state if the12 activity for which the license is issued is associated with the use or presence of a13 dog.14 (7) A dog restrained while the owner is engaged in conduct directly related15 to the business of shepherding or herding cattle or livestock.16 (8) A dog restrained while the owner is engaged in conduct directly related17 to the business of cultivating agricultural products if the restraint is reasonably18 necessary for the safety of the dog.19 (9) A dog being restrained and walked with a hand-held leash regardless of20 the type of collar being used.21 D. Whoever violates the provisions of this Section shall be fined not more22 than three hundred dollars.23 HLS 10RS-161 REENGROSSED HB NO. 219 Page 3 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] St. Germain HB No. 219 Abstract: Creates the crime of unlawfully restraining a dog and provides for a maximum fine of $300. Proposed law provides that it shall be unlawful for an owner to leave a dog unattended and restrained by use of a tether, fasten, chain, tie, or other restraint attached to a pinch-type, prong-type, or choke-type collar, or restrained by other means which causes injury to the dog. Proposed law provides that it shall not apply to any of the following: (1)Accepted veterinary practices. (2)Activities carried on for scientific or medical research governed by accepted standards. (3)A dog restrained to a running line, pulley, or trolley system and is not restrained to the running line, pulley, or trolley system by means of a pinch-type, prong-type, choke-type, or improperly fitted collar. (4)A dog restrained in compliance with the requirements of a camping or recreational area as defined by a federal, state, or local authority or jurisdiction. (5)A dog restrained for a reasonable period, not to exceed three hours in a 24-hour period, and no longer than is necessary for the owner to complete a temporary task that requires the dog to be restrained. (6)A dog restrained while the owner is engaged in, or actively training for, an activity that is conducted pursuant to a valid license issued by this state if the activity for which the license is issued is associated with the use or presence of a dog. (7)A dog restrained while the owner is engaged in conduct directly related to the business of shepherding or herding cattle or livestock. (8)A dog restrained while the owner is engaged in conduct directly related to the business of cultivating agricultural products if the restraint is reasonably necessary for the safety of the dog. (9)A dog being restrained and walked with a hand-held leash regardless of the type of collar being used. Proposed law provides a penalty of a fine of not more than $300. (Adds R.S. 14:102.24) HLS 10RS-161 REENGROSSED HB NO. 219 Page 4 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Summary of Amendments Adopted by House House Floor Amendments to the engrossed bill. 1. Removed proposed law elements of the crime and added that it shall be unlawful for an owner to leave a dog unattended or restrained by use of a tether, fasten, chain, tie, or other restraint attached to a pinch-type, prong-type, or choke-type collar, or restrained by other means which causes injury to the dog.