SB 269

Abstract

This Act simplifies and in some cases increases the civil penalties for violations of laws related to dogs that run at large, dogs that bite a human being or domestic animal while running at large, and dogs that are designated as dangerous or potentially dangerous. It also expands the requirements for keeping or maintaining a dangerous or potentially dangerous dog to include provisions related to licensing, vaccination, microchipping, and leashing. The Act also makes changes to procedures of the Department of Health and Social Services (“the Department”) relating to dogs, including the following: (1) It removes an unused provision requiring that notification of the impoundment of a running at large dog be made to the dog owner in writing. (2) It gives the Department 15 days, rather than 5 days, to file a civil action after impounding a dog and identifying and informing the dog owner. (3) It changes from 48 to 24 the number of hours that an individual can confine a dog that is not the individual’s own before contacting the Department to report the dog. Senate Substitute No. 1 for Senate Bill No. 269 differs from Senate Bill No. 269 as follows: (1) It removes a provision that would have increased the amount of liability insurance that a dangerous dog owner must carry. (2) It expands the definition of “serious physical injury” to include injuries that pose serious or prolonged impairment to health and serious or prolonged loss or impairment of the function of any bodily organ. (3) It removes inaccurate cross-references from § 3074F and replaces them with references to the entire chapter. (4) It provides that a dog will not be considered dangerous or potentially dangerous if it injures a human being who is teasing, tormenting, abusing, or assaulting the dog’s owner or its offspring, in addition to the dog. The current § 3074F only allows this exception for torment, abuse, or assault of the dog itself. (5) It changes one of the criteria for declaring a dog dangerous to provide that the injury to the human being must be a serious physical injury. (6) It adds the definition of “domestic animal” that appears in § 3071F to § 3041F. (7) Throughout the bill, it changes “person” to “human being” when needed for accuracy and consistency. Senate Substitute No. 1 for Senate Bill No. 269 Act also corrects minor technical errors in Senate Bill No. 269 and makes additional technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.