01-23 11:16 1st Sub. (Green) S.B. 77
Jen Plumb proposes the following substitute bill:
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Public Safety Animal Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jen Plumb
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LONG TITLE
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General Description:
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This bill amends provisions relating to public safety animals.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ expands and clarifies criminal provisions relating to police service canines to include
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other animals used by public safety organizations to assist with duties related to public
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safety; and
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▸ adds a coordination clause to merge the changes to Section 76-9-306 in this bill, if this
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bill and H.B. 21, Criminal Code Recodification and Cross References, both pass and
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become law, due to Section 76-9-306 being renumbered and split into two separate
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sections in H.B. 21.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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This bill provides a coordination clause.
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Utah Code Sections Affected:
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AMENDS:
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76-9-306, as last amended by Laws of Utah 2018, Chapter 264
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Utah Code Sections affected by Coordination Clause:
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76-9-306, as last amended by Laws of Utah 2018, Chapter 264
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Be it enacted by the Legislature of the state of Utah:
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The following section is affected by a coordination clause at the end of this bill.
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Section 1. Section 76-9-306 is amended to read:
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76-9-306 . Public safety animals -- Causing injury, death, or interference --
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Penalties. 1st Sub. (Green) S.B. 77 01-23 11:16
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(1) As used in this section:
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[(a) "Handler" means a law enforcement officer who is specially trained, and uses a
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police service canine during the course of the performance of his law enforcement
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duties.]
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[(b) "Police service canine" means any dog used by a law enforcement agency, which is
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specially trained for law enforcement work, or any animal contracted to assist a law
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enforcement agency in the performance of law enforcement duties.]
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(a) "Handler" means an individual who uses a public safety animal to assist with duties
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of a public safety organization.
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(b) "Public safety animal" means an animal that a public safety organization:
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(i) owns or uses under contract; and
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(ii) uses, or allows another public safety organization to use, to assist with duties of a
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public safety organization.
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(c) "Public safety organization" means a government entity that provides a law
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enforcement, firefighting, search and rescue, military, or other public safety service.
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(2) It is a second degree felony for a person to intentionally or knowingly cause death to a [
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police service canine] public safety animal.
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(3) It is a third degree felony for a person to intentionally or knowingly:
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(a) cause bodily injury to a [police service canine] public safety animal;
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(b) engage in conduct likely to cause bodily injury or death to [a police service canine]
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public safety animal; or
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(c) lay out, place, or administer any poison, trap, substance, or object which is likely to
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produce bodily injury or death to a [police service canine] public safety animal.
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(4) It is a class A misdemeanor for a person to intentionally or knowingly:
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(a) taunt, torment, strike, or otherwise assault a [police service canine] public safety
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animal;
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(b) throw any object or substance at, or in the path of, a [police service canine] public
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safety animal;
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(c) interfere with or obstruct a [police service canine] public safety animal, or attempt to,
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or interfere with the handler of [the canine] a public safety animal in a manner that
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inhibits, restricts, or deprives the handler of control of the [canine] public safety
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animal;
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(d) release a [police service canine] public safety animal from its area of control, such as
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a vehicle, kennel, or pen, or trespass in that area; or
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(e) place any food, object, or substance into a [police service canine's] public safety
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animal's area of control without the permission of the handler.
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(5)(a) A [police service canine] public safety animal is exempt from quarantine or other
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animal control ordinances if [it] the public safety animal bites any [person] individual
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while under proper [police ]supervision by a public safety organization or during
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routine veterinary care.[ ]
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(b) The [law enforcement agency] public safety organization and the [canine's] public
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safety animal's handler shall make the [canine] public safety animal available for
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examination at any reasonable time and shall notify the local health officer if the [
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canine] public safety animal exhibits any abnormal behavior.
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(6) In addition to any other penalty, a person convicted of a violation of this section is liable
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for restitution to the owning or employing [law enforcement agency] public safety
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organization or individual owner of the [police service canine] public safety animal for
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the replacement, training, and veterinary costs incurred as a result of the violation of this
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section.
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Section 2. Effective date.
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This bill takes effect on May 7, 2025.
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Section 3. Coordinating S.B. 77 with H.B. 21.
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If S.B. 77, Public Safety Animal Amendments, and H.B. 21, Criminal Code
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Recodification and Cross References, both pass and become law, the Legislature intends that,
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on May 7, 2025:
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(1) Section 76-13-209 (renumbered from Section 76-9-306) in H.B. 21 and Section
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76-9-306 in S.B. 77 be amended to read:
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"76-13-209. Endangering, injuring, or killing a public safety animal.
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(1) (a) As used in this section:
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[(a) "Handler" means a law enforcement officer who is specially trained, and uses a police
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service canine during the course of the performance of his law enforcement duties.]
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[(b) "Police service canine" means any dog used by a law enforcement agency, which is
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specially trained for law enforcement work, or any animal contracted to assist a law
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enforcement agency in the performance of law enforcement duties.]
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(i) "Handler" means an individual who uses a public safety animal to assist with duties of a
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public safety organization.
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(ii) "Public safety animal" means an animal that a public safety organization:
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(A) owns or uses under contract; and
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(B) uses, or allows another public safety organization to use, to assist with duties of a
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public safety organization.
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(iii) "Public safety organization" means a government entity that provides a law
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enforcement, firefighting, search and rescue, military, or other public safety service.
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(b) Terms defined in Sections 76-1-101.5, 76-13-101, and 76-13-201 apply to this section.
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(2) [It is a second degree felony for a person to intentionally or knowingly cause] An actor
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commits endangering, injuring, or killing a public safety animal if the actor intentionally or
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knowingly:
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(a) causes the death [to] of a [police service canine.] public safety animal;
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(b) causes bodily injury to a public safety animal;
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(c) engages in conduct likely to cause bodily injury or death to a public safety animal; or
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(d) lays out, places, or administers any poison, trap, substance, or object that is likely to
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produce bodily injury or death to a public safety animal.
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(3) (a) A violation of Subsection (2)(a) is a second degree felony.
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(b) A violation of Subsection (2)(b), (c), or (d) is a third degree felony.
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[(3) It is a third degree felony for a person to intentionally or knowingly:]
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[(a) cause bodily injury to a police service canine;]
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[(b) engage in conduct likely to cause bodily injury or death to a police service canine; or]
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[(c) lay out, place, or administer any poison, trap, substance, or object which is likely to
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produce bodily injury or death to a police service canine.]
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[(4) It is a class A misdemeanor for a person to intentionally or knowingly:]
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[(a) taunt, torment, strike, or otherwise assault a police service canine;]
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[(b) throw any object or substance at, or in the path of, a police service canine;]
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[(c) interfere with or obstruct a police service canine, or attempt to, or interfere with the
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handler of the canine in a manner that inhibits, restricts, or deprives the handler of control of
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the canine;]
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[(d) release a police service canine from its area of control, such as a vehicle, kennel, or
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pen, or trespass in that area; or]
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[(e) place any food, object, or substance into a police service canine's area of control
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without the permission of the handler.]
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[(5)] (4)(a) A [police service canine] public safety animal is exempt from quarantine or
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other animal control ordinances if [it] the public safety animal bites [any person] an individual
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while under proper [police ]supervision by a public safety organization or during routine
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veterinary care.
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(b) The [law enforcement agency] public safety organization and the [canine's] public safety
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animal's handler shall make the [canine] public safety animal available for examination at [any]
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a reasonable time and shall notify the local health officer if the [canine] public safety animal
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exhibits any abnormal behavior.
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[(6)] (5) In addition to any other penalty, [a person] an actor convicted of a violation of this
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section is liable for restitution to the owning or employing [law enforcement agency] public
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safety organization or individual owner of the [police service canine] public safety animal for
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the replacement, training, and veterinary costs incurred as a result of the violation of this
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section."; and
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(2) Section 76-13-210, enacted in H.B. 21, be amended to read:
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"76-13-210. Interference with a public safety animal.
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(1)(a) As used in this section:
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(i) "Handler" means the same as that term is defined in Section 76-13-209.
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(ii) "Public safety animal" means the same as that term is defined in Section 76-13-209.
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(iii) "Public safety organization" means the same as that term is defined in Section
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76-13-209.
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(b) Terms defined in Sections 76-1-101.5, 76-13-101, and 76-13-201 apply to this section.
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(2) An actor commits interference with a public safety animal if the actor intentionally or
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knowingly:
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(a) taunts, torments, strikes, or otherwise assaults a public safety animal;
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(b) throws an object or substance at, or in the path of, a public safety animal;
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(c) interferes with or obstructs a public safety animal, or attempts to, or interferes with the
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handler of the public safety animal in a manner that inhibits, restricts, or deprives the handler
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of control of the public safety animal;
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(d) releases a public safety animal from the public safety animal's area of control, including
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a vehicle, kennel, or pen, or trespasses in that area; or
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(e) places any food, object, or substance into a public safety animal's area of control without
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the permission of the handler.
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(3) A violation of Subsection (2) is a class A misdemeanor.
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(4) In addition to any other penalty, an actor convicted of a violation of this section is liable
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for restitution to the owning or employing public safety organization or individual owner of
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the public safety animal for the replacement, training, and veterinary costs incurred as a result
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of the violation of this section.".
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