Enrolled Copy S.B. 77 1 Public Safety Animal Amendments 2025 GENERAL SESSION STATE OF UTAH Chief Sponsor: Jen Plumb House Sponsor: Jefferson S. Burton 2 3 LONG TITLE 4 General Description: 5 This bill amends provisions relating to public safety animals. 6 Highlighted Provisions: 7 This bill: 8 ▸ defines terms; 9 ▸ expands and clarifies criminal provisions relating to police service canines to include 10 other animals used by public safety organizations to assist with duties related to public 11 safety; and 12 ▸ adds a coordination clause to merge the changes to Section 76-9-306 in this bill, if this 13 bill and H.B. 21, Criminal Code Recodification and Cross References, both pass and 14 become law, due to Section 76-9-306 being renumbered and split into two separate 15 sections in H.B. 21. 16 Money Appropriated in this Bill: 17 None 18 Other Special Clauses: 19 This bill provides a coordination clause. 20 Utah Code Sections Affected: 21 AMENDS: 22 76-9-306, as last amended by Laws of Utah 2018, Chapter 264 23 Utah Code Sections affected by Coordination Clause: 24 76-9-306, as last amended by Laws of Utah 2018, Chapter 264 25 26 Be it enacted by the Legislature of the state of Utah: 27 The following section is affected by a coordination clause at the end of this bill. 28 Section 1. Section 76-9-306 is amended to read: S.B. 77 Enrolled Copy 29 76-9-306 . Public safety animals -- Causing injury, death, or interference -- 30 Penalties. 31 (1) As used in this section: 32 [(a) "Handler" means a law enforcement officer who is specially trained, and uses a 33 police service canine during the course of the performance of his law enforcement 34 duties.] 35 [(b) "Police service canine" means any dog used by a law enforcement agency, which is 36 specially trained for law enforcement work, or any animal contracted to assist a law 37 enforcement agency in the performance of law enforcement duties.] 38 (a) "Handler" means an individual who uses a public safety animal to assist with duties 39 of a public safety organization. 40 (b) "Public safety animal" means an animal that a public safety organization: 41 (i) owns or uses under contract; and 42 (ii) uses, or allows another public safety organization to use, to assist with duties of a 43 public safety organization. 44 (c) "Public safety organization" means a government entity that provides a law 45 enforcement, firefighting, search and rescue, military, or other public safety service. 46 (2) It is a second degree felony for a person to intentionally or knowingly cause death to a [ 47 police service canine] public safety animal. 48 (3) It is a third degree felony for a person to intentionally or knowingly: 49 (a) cause bodily injury to a [police service canine] public safety animal; 50 (b) engage in conduct likely to cause bodily injury or death to [a police service canine] a 51 public safety animal; or 52 (c) lay out, place, or administer any poison, trap, substance, or object which is likely to 53 produce bodily injury or death to a [police service canine] public safety animal. 54 (4) It is a class A misdemeanor for a person to intentionally or knowingly: 55 (a) taunt, torment, strike, or otherwise assault a [police service canine] public safety 56 animal; 57 (b) throw any object or substance at, or in the path of, a [police service canine] public 58 safety animal; 59 (c) interfere with or obstruct a [police service canine] public safety animal, or attempt to, 60 or interfere with the handler of [the canine] a public safety animal in a manner that 61 inhibits, restricts, or deprives the handler of control of the [canine] public safety 62 animal; - 2 - Enrolled Copy S.B. 77 63 (d) release a [police service canine] public safety animal from its area of control, such as 64 a vehicle, kennel, or pen, or trespass in that area; or 65 (e) place any food, object, or substance into a [police service canine's] public safety 66 animal's area of control without the permission of the handler. 67 (5)(a) A [police service canine] public safety animal is exempt from quarantine or other 68 animal control ordinances if [it] the public safety animal bites any [person] individual 69 while under proper [police ]supervision by a public safety organization or during 70 routine veterinary care.[ ] 71 (b) The [law enforcement agency] public safety organization and the [canine's] public 72 safety animal's handler shall make the [canine] public safety animal available for 73 examination at any reasonable time and shall notify the local health officer if the [ 74 canine] public safety animal exhibits any abnormal behavior. 75 (6) In addition to any other penalty, a person convicted of a violation of this section is liable 76 for restitution to the owning or employing [law enforcement agency] public safety 77 organization or individual owner of the [police service canine] public safety animal for 78 the replacement, training, and veterinary costs incurred as a result of the violation of this 79 section. 80 Section 2. Effective date. 81 This bill takes effect on May 7, 2025. 82 Section 3. Coordinating S.B. 77 with H.B. 21. 83 If S.B. 77, Public Safety Animal Amendments, and H.B. 21, Criminal Code 84 Recodification and Cross References, both pass and become law, the Legislature intends that, 85 on May 7, 2025: 86 (1) Section 76-13-209 (renumbered from Section 76-9-306) in H.B. 21 and Section 87 76-9-306 in S.B. 77 be amended to read: 88 "76-13-209. Endangering, injuring, or killing a public safety animal. 89 (1) (a) As used in this section: 90 [(a) "Handler" means a law enforcement officer who is specially trained, and uses a police 91 service canine during the course of the performance of his law enforcement duties.] 92 [(b) "Police service canine" means any dog used by a law enforcement agency, which is 93 specially trained for law enforcement work, or any animal contracted to assist a law 94 enforcement agency in the performance of law enforcement duties.] 95 (i) "Handler" means an individual who uses a public safety animal to assist with duties of a 96 public safety organization. - 3 - S.B. 77 Enrolled Copy 97 (ii) "Public safety animal" means an animal that a public safety organization: 98 (A) owns or uses under contract; and 99 (B) uses, or allows another public safety organization to use, to assist with duties of a 100 public safety organization. 101 (iii) "Public safety organization" means a government entity that provides a law 102 enforcement, firefighting, search and rescue, military, or other public safety service. 103 (b) Terms defined in Sections 76-1-101.5, 76-13-101, and 76-13-201 apply to this section. 104 (2) [It is a second degree felony for a person to intentionally or knowingly cause] An actor 105 commits endangering, injuring, or killing a public safety animal if the actor intentionally or 106 knowingly: 107 (a) causes the death [to] of a [police service canine.] public safety animal; 108 (b) causes bodily injury to a public safety animal; 109 (c) engages in conduct likely to cause bodily injury or death to a public safety animal; or 110 (d) lays out, places, or administers any poison, trap, substance, or object that is likely to 111 produce bodily injury or death to a public safety animal. 112 (3) (a) A violation of Subsection (2)(a) is a second degree felony. 113 (b) A violation of Subsection (2)(b), (c), or (d) is a third degree felony. 114 [(3) It is a third degree felony for a person to intentionally or knowingly:] 115 [(a) cause bodily injury to a police service canine;] 116 [(b) engage in conduct likely to cause bodily injury or death to a police service canine; or] 117 [(c) lay out, place, or administer any poison, trap, substance, or object which is likely to 118 produce bodily injury or death to a police service canine.] 119 [(4) It is a class A misdemeanor for a person to intentionally or knowingly:] 120 [(a) taunt, torment, strike, or otherwise assault a police service canine;] 121 [(b) throw any object or substance at, or in the path of, a police service canine;] 122 [(c) interfere with or obstruct a police service canine, or attempt to, or interfere with the 123 handler of the canine in a manner that inhibits, restricts, or deprives the handler of control of 124 the canine;] 125 [(d) release a police service canine from its area of control, such as a vehicle, kennel, or 126 pen, or trespass in that area; or] 127 [(e) place any food, object, or substance into a police service canine's area of control 128 without the permission of the handler.] 129 [(5)] (4)(a) A [police service canine] public safety animal is exempt from quarantine or 130 other animal control ordinances if [it] the public safety animal bites [any person] an individual - 4 - Enrolled Copy S.B. 77 131 while under proper [police ]supervision by a public safety organization or during routine 132 veterinary care. 133 (b) The [law enforcement agency] public safety organization and the [canine's] public safety 134 animal's handler shall make the [canine] public safety animal available for examination at [any] 135 a reasonable time and shall notify the local health officer if the [canine] public safety animal 136 exhibits any abnormal behavior. 137 [(6)] (5) In addition to any other penalty, [a person] an actor convicted of a violation of this 138 section is liable for restitution to the owning or employing [law enforcement agency] public 139 safety organization or individual owner of the [police service canine] public safety animal for 140 the replacement, training, and veterinary costs incurred as a result of the violation of this 141 section."; and 142 (2) Section 76-13-210, enacted in H.B. 21, be amended to read: 143 "76-13-210. Interference with a public safety animal. 144 (1)(a) As used in this section: 145 (i) "Handler" means the same as that term is defined in Section 76-13-209. 146 (ii) "Public safety animal" means the same as that term is defined in Section 76-13-209. 147 (iii) "Public safety organization" means the same as that term is defined in Section 148 76-13-209. 149 (b) Terms defined in Sections 76-1-101.5, 76-13-101, and 76-13-201 apply to this section. 150 (2) An actor commits interference with a public safety animal if the actor intentionally or 151 knowingly: 152 (a) taunts, torments, strikes, or otherwise assaults a public safety animal; 153 (b) throws an object or substance at, or in the path of, a public safety animal; 154 (c) interferes with or obstructs a public safety animal, or attempts to, or interferes with the 155 handler of the public safety animal in a manner that inhibits, restricts, or deprives the handler 156 of control of the public safety animal; 157 (d) releases a public safety animal from the public safety animal's area of control, including 158 a vehicle, kennel, or pen, or trespasses in that area; or 159 (e) places any food, object, or substance into a public safety animal's area of control without 160 the permission of the handler. 161 (3) A violation of Subsection (2) is a class A misdemeanor. 162 (4) In addition to any other penalty, an actor convicted of a violation of this section is liable 163 for restitution to the owning or employing public safety organization or individual owner of 164 the public safety animal for the replacement, training, and veterinary costs incurred as a result - 5 - S.B. 77 Enrolled Copy 165 of the violation of this section.". - 6 -