Read the full stored bill text
SECOND REGULAR SESSION
HOUSE BILL NO. 3053
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE DURNELL.
6615H.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Section A. Section 578.024, RSMo, is repealed and one new section enacted in lieu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 :
3 (1) Bitten any person, domestic animal, or livestock without provo cation on one
4 occasion; or
5 (2) Previously bitten a person [ or ] , a domestic animal , or livestock without
6 provocation and that dog bites any person , domestic animal, or livestock on a subsequent
7 occasion.
8 2. The of fense of keeping a dangerous dog is :
9 (1) An infraction under subdivision (1) of subsection 1 of this section; or
10 (2) A class B misdemeanor under subdivision (2) of subsection 1 of this section ,
11 unless such attack:
12 [ (1) ] (a) Results in serious injury to any person or death of a domestic animal or
13 livestock , in which case, it is a class A misdemeanor under subdivision (2) of subsection 1
14 of this section ; or
15 [ (2) ] (b) Results in serious injury to any person or death of a domestic animal or
16 livestock and any previous attack also resulted in serious injury to any person or death of a
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.
17 domestic animal or livestock , in which case, it is a class E felony under subdivision (2) of
18 subsection 1 of this section ; or
19 [ (3) ] (c) Results in the death of any person, in which case, it is a class D felony under
20 subdivision (2) of subsection 1 of this section .
21 3. In addition to the penalty included in subsection 2 of this section, if any dog that
22 has previously bitten a person [ or ] , a domestic animal , or livestock without provocation bites
23 any person , domestic animal, or livestock on a subsequent occasion or if a dog that has not
24 previously bitten a person , domestic animal, or livestock attacks and causes serious injury to
25 or the death of any human , domestic animal, or livestock , the dog shall be seized
26 immediately by an animal control authority or by the county sheriff . The dog shall be
27 impounded and held for ten business days after the owner or possessor is given written
28 notification and thereafter destroyed.
29 4. The owner or possessor of the dog that has been impounded may file a written
30 appeal to the circuit court to contest the impoundment and destruction of such dog. The
31 owner or possessor shall provide notice of the filing of the appeal to the animal control
32 authority or county sheriff who seized the dog. If the owner or possessor files such an appeal
33 and provides proper notice, the dog shall remain impounded and shall not be destroyed while
34 such appeal is pending and until the court issues an order for the destruction of the dog. The
35 court shall hold a disposition hearing within thirty days of the filing of the appeal to
36 determine whether such dog shall be humanely destroyed. The court may order the owner or
37 possessor of the dog to pay the costs associated with the animal's keeping and care during the
38 pending appeal.
39 5. Notwithstanding any provision of sections 273.033 and 273.036, section 578.022
40 and this section to the contrary , if a dog attacks or bites a person who is engaged in or
41 attempting to engage in a criminal activity at the time of the attack, the owner or possessor is
42 not guilty of any crime specified under this section or section 273.036, and is not civilly liable
43 under this section or section 273.036, nor shall such dog be destroyed as provided in
44 subsection 3 of this section, nor shall such person engaged in or attempting to engage in a
45 criminal activity at the time of the attack be entitled to the defenses set forth in section
46 273.033. For purposes of this section "criminal activity" shall not include the act of trespass
47 upon private property under section 569.150 as long as the trespasser does not otherwise
48 engage in, attempt to engage in, or have intent to engage in other criminal activity nor shall it
49 include any trespass upon private property by a person under the age of twelve under section
50 569.140.
51 6. The court may order the owner or possessor of the dog to pay:
52 (1) Any medical bill of a person, a domestic animal, or livestock res ulting fr om
53 being bitten by the dog; or
HB 3053 2
54 (2) The repla cement cost of the domestic animal or livestock if such bite r esults
55 in the death of the domestic animal or livestock.
56 7. A person, pr operty owner , or livestock owner may kill a dog that shows
57 aggr ession to the person or owner in any manner that puts the person or owner in fear
58 of his or her life, the life of others, or the life of a domestic animal or livestock.
✔
HB 3053 3