By CHELYEN DAVIS
A task force convened by Sen. Edd Houck to create legislation punishing owners of dangerous dogs met yesterday to go over a draft of the bill.
The bill, which the Spotsylvania County Democrat will introduce in the 2006 legislative session, specifies criminal penalties for owners of dogs that bite people, and strengthens restrictions on the owners of dogs that have been declared dangerous.
Specifically, the bill calls for penalties ranging from a class 5 misdemeanor to a class 3 felony for the owners of dogs that seriously injure or kill a person.
The legislation, and the task force that helped create it, were prompted by the death of Spotsylvania County resident Dorothy Sullivan, who was killed last spring in her yard when a neighbor's pit bulls ran loose and attacked her and her dog.
That incident raised questions, because the state code does not specify that criminal charges can be brought against the owner of dogs that kill or maim a person. The owner of the dogs in the Sullivan case, Deanna Large, is being charged with manslaughter--that trial begins Dec. 20--but there is no precedent in the state for that.
The proposed legislation marks the first time in Virginia that a dog owner would be able to be charged with a felony for a dog's actions. The penalties would apply from the first time a dog bit someone, and have stronger consequences if the dog had already been declared dangerous.
The provisions of the bill also require that when a dog is declared dangerous, it cannot be sold, adopted or transferred, except to local animal control. If the owner surrenders the dog to animal control, that will not preclude prosecution of the owner.
The bill also would create a state registry of dangerous dogs, would mandate that owners of dogs declared dangerous get insurance of $300,000 and require all provisions of the bill to be adopted statewide, instead of leaving it up to localities.
Members of the task force largely approved the proposed legislation, saying that such changes would put the punishment onto irresponsible owners, rather than merely punishing dogs.
"Until now, the primary remedy in Virginia was to punish the dog this legislation shifts that back on irresponsible owners," said Spotsylvania County Commonwealth's Attorney Bill Neely.
"This will send a clear and convincing message to irresponsible dog owners" that they will be held accountable, said task force member Maureen Hill-Hauch, of the American Dog Owners' Association.
Houck said he's not trying to punish dogs that might nip at someone's heels--he's aiming at real, life-threatening, life-changing injuries. He had several people who've been victims of vicious dog attacks speak at yesterday's meeting to explain how their lives were changed, and how little was done to the owners that let run free the dogs that bit them.
In response to questions from the task force, Houck is likely to add a provision that requires hospitals to report--to the health department or police--any dog bite injuries they treat.
He said that he will file the legislation before the session begins, and that he's heard from a number of delegates and senators who are interested in becoming co-sponsors.
But, he cautioned, once the proposals are before the General Assembly, changes could be made.
"This journey has just begun this is going to be a long way," Houck said.
To reach CHELYEN DAVIS:
Email: cdavis@freelancestar.com