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SECOND REGULAR SESSION
HOUSE BILL NO. 1929
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE SCHMIDT .
4198H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 578.024, RSMo, and to enact in lieu thereof one new section relating to the
of fense of keeping a dangerous dog, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 578.024, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 578.024, to read as follows:
578.024. 1. A person commits the of fense of keeping a dangerous dog if he or she
2 owns or possesses a dog that has [ previously ] bitten a person or a domestic animal without
3 provocation [ and that dog bites any person on a subsequent occasion ].
4 2. The of fense of keeping a dangerous dog is a class B misdemeanor , unless such
5 attack:
6 (1) Results in serious physical injury , as defined in section 556.061, or serious
7 emotional injury , as defined in section 568.050, to any person, in which case, it is a class A
8 misdemeanor; or
9 (2) Results in serious physical injury , as defined in section 556.061, or serious
10 emotional injury , as defined in section 568.060, to any person and [ any previous attack also
11 resulted ] the dog has pr eviously attacked a person res ulting in serious physical injury [ to
12 any person ] or serious emotional injury , in which case, it is a class E felony; or
13 (3) Results in the death of any person, in which case, it is a class D felony .
14 3. In addition to the penalty included in subsection 2 of this section, if any dog that
15 has previously bitten a person or a domestic animal without provocation bites any person on a
16 subsequent occasion or if a dog that has not previously bitten a person attacks and causes
17 serious physical injury or serious emotional injury to or the death of any human, the dog
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 shall be seized immediately by an animal control authority or by the county sheriff. The dog
19 shall be impounded and held for ten business days after the owner or possessor is given
20 written notification and thereafter destroyed.
21 4. The owner or possessor of the dog that has been impounded may file a written
22 appeal to the circuit court to contest the impoundment and destruction of such dog. The
23 owner or possessor shall provide notice of the filing of the appeal to the animal control
24 authority or county sheriff who seized the dog. If the owner or possessor files such an appeal
25 and provides proper notice, the dog shall remain impounded and shall not be destroyed while
26 such appeal is pending and until the court issues an order for the destruction of the dog. The
27 court shall hold a disposition hearing within thirty days of the filing of the appeal to
28 determine whether such dog shall be humanely destroyed. The court may order the owner or
29 possessor of the dog to pay the costs associated with the animal's keeping and care during the
30 pending appeal.
31 5. Notwithstanding any provision of sections 273.033 and 273.036, section 578.022
32 and this section to the contrary , if a dog attacks or bites a person who is engaged in or
33 attempting to engage in a criminal activity at the time of the attack, the owner or possessor is
34 not guilty of any crime specified under this section or section 273.036, and is not civilly liable
35 under this section or section 273.036, nor shall such dog be destroyed as provided in
36 subsection 3 of this section, nor shall such person engaged in or attempting to engage in a
37 criminal activity at the time of the attack be entitled to the defenses set forth in section
38 273.033. For purposes of this section "criminal activity" shall not include the act of trespass
39 upon private property under section 569.150 as long as the trespasser does not otherwise
40 engage in, attempt to engage in, or have intent to engage in other criminal activity nor shall it
41 include any trespass upon private property by a person under the age of twelve under section
42 569.140.
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HB 1929 2