HB668: HB668 Crimes and offenses; change references to assistance and guide dogs to service dogs

26 HB 668/AP House Bill 668 (AS PASSED HOUSE AND SENATE) By: Representatives Thomas of the 21 st, Seabaugh of the 34 th, Washburn of the 144 th, McCollum of the 30th, Dempsey of the 13th, and others A BILL TO BE ENTITLED AN ACT To amend Title 16, Chapter 4 of Title 30, and Chapter 6 of Title 40 of the Official Code of1 Georgia Annotated, relating to crimes and offenses, rights of persons with disabilities, and2 uniform rules of the road, respectively, so as to change refere nces to assistance and guide3 dogs to service dogs; to provide for definitions and conforming changes; to provide for a4 criminal penalty for a person who interferes with, causes death, or physical harm to a service5 dog; to provide for exceptions; to provide for restitution; to revise provisions relating to the6 use and training of service dogs; to provide for a penalty for persons who misrepresent the7 need for a service dog; to provide for a short title; to provid e for related matters; to repeal8 conflicting laws; and for other purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 SECTION 1.11 This Act shall be known and may be cited as the "Mara Jade Act."12 SECTION 2.13 Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is14 amended in Chapter 11, relating to offenses against public order and safety, by revising Code15 H. B. 668 - 1 - 26 HB 668/AP Section 16-11-107.1, relating to harassment of assistance dog by humans or other dogs and16 penalty, as follows:17 "16-11-107.1.18 (a) As used in this Code section, the term:19 (1) 'Assistance dog' means a dog that is or has been trained b y a licensed or certified20 person, organization, or agency to perform physical tasks for a physically challenged21 person. Assistance dogs include guide or leader dogs that guid e individuals who are22 legally blind; hearing dogs that alert individuals who are deaf or hard of hearing to23 specific sounds; and service dogs for individuals with disabilities other than blindness or24 deafness, which are trained to perform a variety of physical ta sks, including, but not25 limited to, pulling a wheelchair, lending balance support, picking up dropped objects, or26 providing assistance in a medical crisis.27 (2) 'Harass' means to engage in any conduct directed toward an assistance a service dog28 that is knowingly l i k e l y t o i m p e d e o r i n t e r f e r e w i t h t h e a s s i s t a n c e service dog's29 performance of its duties or that places the blind, deaf, or physically limited physically30 or mentally impaired person being served or assisted by the service dog in danger of31 injury.32 (3) 'Notice' means an oral or otherwise communicated warning proscribing the behavior33 of another person and a request that the person stop the particular behavior.34 (2) 'Service dog' shall have the same meaning as set forth in Code Section 30-4-1.35 (b) Any person who knowingly and intentionally harasses or att empts to harass an36 assistance dog, knowing the dog to be an assistance dog, shall be guilty of a misdemeanor37 and, upon conviction thereof, shall be punished by imprisonment for not less than 90 days38 or a fine not to exceed $500.00, or both.39 (b)(1) A person commits the offense of interfering with a serv ice dog when he or she40 knows or should have known the dog to be a service dog and intentionally:41 (A) Frightens, agitates, harasses, or tampers with the dog;42 H. B. 668 - 2 - 26 HB 668/AP (B) Delays, obstructs, or hinders the dog in the performance o f its duty as a service43 dog; or44 (C) Allows his or her dog to harass a service dog.45 (2) Any person convicted of a violation of this subsection sha ll be guilty of a46 misdemeanor and, upon conviction thereof, shall be punished by imprisonment not to47 exceed 12 months, or a fin e not to exceed $1,000.00, or both. Any person who is48 convicted of a second or subsequent violation of this subsection shall be punished as for49 a misdemeanor of a high and aggravated nature.50 (c)(1) A Any person who has received notice that his or her behavior is interfering with51 the use of an assistance dog who continues to harass an assistance dog, knowing the dog52 to be an assistance dog, person commits the offense of harming a service dog when he53 or she knows or should have known that a dog is a service dog and intentionally:54 (A) Causes, or commits an act that is likely to cause, physical harm, pain, or suffering55 to a service dog; or56 (B) Allows his or her dog to cause physical harm, pain, or suffering to a service dog.57 (2) Any person convicted of a violation of this subsection shall be guilty of a58 misdemeanor of a high and aggravated nature and, upon conviction thereof, shall be59 punished by imprisonment for not less than 90 days six months nor more than 12 months60 or a fine not to exceed $500.00 $5,000.00, or both, provided that any person who is61 convicted of a second or subsequent violation of this subsection shall be punished as for62 a misdemeanor of a high and aggravated nature.63 (d)(1) A Any person who knowingly and intentionally allows his or her dog to harass an64 assistance dog, knowing the dog to be an assistance dog, shall be guilty of a misdemeanor65 and, upon conviction thereof, shall be punished by imprisonment for not less than 90 days66 or a fine not to exceed $500.00, or both, provided that any person who is convicted of a67 second or subsequent violation of this subsection shall be punished as for a misdemeanor68 of a high and aggravated nature. person commits the offense of aggravated harming of69 H. B. 668 - 3 - 26 HB 668/AP a service dog when he or she knows or should have known that a dog is a service dog and70 when he or she intentionally commits an act that:71 (A) Causes the death of the dog; or72 (B) Injures the dog in a manner that materially affects its ability to perform as a service73 dog.74 (2) Any person convicted of a violation of this subsection shall be guilty of a felony and,75 upon conviction thereof, shall be punished by imprisonment for not less than two nor76 more than ten years, a fine not to exceed $50,000.00, or both, and the first two years of77 such sentence shall not be suspended, probated, deferred, or wi thheld by a sentencing78 court; provided, however, that in the court's discretion, the court may depart from such79 mandatory minimum sentence when the prosecuting attorney and defendant have agreed80 to a sentence that is below such mandatory minimum.81 (e) Any person who knowingly and intentionally allows his or her dog to cause death or82 physical harm to an assistance dog by rendering a part of the assistance dog's body useless83 or by seriously disfiguring the assistance dog, knowing the dog to be an assistance dog,84 shall be punished as for a misdemeanor of a high and aggravated nature. In addition to any85 other penalty provided for under this Code section, the court shall order the defendant to86 make restitution pursuant to Article 1 of Chapter 14 of Title 17 to the owner of a service87 dog for the costs of the veterinary expenses incurred in the treatment of such dog and the88 costs of any restorative training necessary to enable the dog t o resume its duties. 89 Notwithstanding Code Section 17-14-2 to the contrary, restitution when a service dog dies90 or is no longer able to engage in performance of its duties as a result of a violation of this91 Code section shall additionally include the amount of the actual replacement value of the92 service dog, which shall include the value of a dog to replace the service dog and all costs93 associated with training such dog and its handler or handlers.94 (f) Nothing in this Code section shall prohibit the killing or euthanasia of a service dog for95 humane purposes in a manner consistent with the provisions of Code Section 4-11-5.1.96 H. B. 668 - 4 - 26 HB 668/AP (g) Nothing in this Code section shall prohibit the defense of a person against a service dog97 that attacks such person."98 SECTION 3.99 Said title is further amended in Chapter 12, relating to offens es against public health and100 morals, by revising paragraph (6) of subsection (a) of Code Section 16-12-120, relating to101 certain acts in public transit buses, rapid rail cars, or stations and penalty, as follows:102 "(6) Carries or possesses any explosives, acids, other dangerous articles, or live animals,103 except for the following:104 (A) A guide dog or service dog as described in Code Section 30-4-2, provided that105 such guide dog or service dog is accompanied by a physically disabled person, bl ind106 person, person with visual disabilities, deaf physically or mentally impaired person, or107 a person who is responsible for training a guide dog or service dog; and108 (B) Small pets confined to rigid pet carriers with locks or latches;"109 SECTION 4.110 Chapter 4 of Title 30 of the Official Code of Georgia Annotated, relating to rights of persons111 with disabilities, is amended by revising Code Section 30-4-1, relating to definitions, as112 follows:113 "30-4-1.114 As used in this chapter, the term:115 (1) 'Activities of daily living' means tasks that are essential, routine, and provide for an116 individual's basic needs, including, but not limited to, eating , toileting, grooming,117 dressing, shaving, walking, transferring, and other functions necessary for independent118 living.119 (2) 'Housing accommodations' means any real property or portion thereof which is used120 or occupied, or intended, arranged, or designed to be used or o ccupied, as the home,121 H. B. 668 - 5 - 26 HB 668/AP residence, or sleeping place of one or more human beings but sh all not include any122 single-family residence the occupants of which rent, lease, or furnish for compensation123 not more than one room therein.124 (2) 'Physically disabled person' means any person, regardless of age, who is subject to125 a physiological defect or deficiency regardless of its cause, nature, or extent that renders126 the person unable to move about without the aid of crutches, a wheelchair, or any other127 form of support, or that limits the person's functional ability to ambulate, climb, descend,128 sit, rise, or to perform any related function.129 (3) 'Owner training' means training of a dog to become a service dog by an owner who130 is a physically or mentally impaired person by teaching the dog to perform the specific131 tasks that directly assist such owner and directly relate to such owner's specific disability132 and to take a specific action when needed to assist the person.133 (4) 'Physically or mentally impaired person' means any person, regardless of age, who,134 regardless of the cause, nature, or extent, is rendered substan tially limited or unable to135 perform one or more activities of daily living over an extended period of time as a result136 of developmental deficiencies, the aging process, learning disabilities, physical injury or137 disease, cognitive impairments, or psychological disabilities.138 (5) 'Service dog' means any domestic canine that has been indi vidually trained to do139 work or perform tasks that directly assist a physically or mentally impaired person and140 directly relate to such person's specific disability and to tak e a specific action when141 needed to assist the person, or if still in training, that is operating under the guidance of142 a trainer. Such term shall not include a dog that has not been trained to do a specific job143 or task or that solely provides comfort, companionship, or emotional support to a person,144 regardless of such person's disability status.145 (6) 'Trainer' means a service dog owner with a disability who is involved in the training146 process of his or her service dog or an individual who is compe tent to train service147 animals and is involved in such processes."148 H. B. 668 - 6 - 26 HB 668/AP SECTION 5.149 Said chapter is further amended by revising Code Section 30-4-2, relating to right to equal150 public accommodations and right to be accompanied by guide dog or service dog, as follows:151 "30-4-2.152 (a) Physically or mentally impaired Blind persons, persons with visual disabilities, persons153 with physical disabilities, and deaf persons are entitled to full and equal accommodations,154 advantages, facilities, and privileges on all common carriers, airplanes, motor vehicles,155 railroad trains, motor buses, streetcars, boats, or any other p ublic conveyances or modes156 of transportation and at hotels, lodging places, places of publ ic accommodation,157 amusement, or resort, and other places to which the general public is invited, subject only158 to the conditions and limitations established by law and applicable alike to all persons.159 (b)(1) Every totally or partially blind person shall have the right to be accompanied by160 a guide dog, and every physically disabled person and every deaf physically or mentally161 impaired person shall have the right to be accompanied by a service dog , especially162 trained for the purpose, in any of the places listed in subsection (a) of this Code section163 without being required to pay an extra charge for the guide or service dog; provided,164 however, that he or she shall be liable for any damage done to the premises or facilities165 by such service dog. In addition, if s uch totally or partially blind person, physically166 disabled person, or deaf physically or mentally impaired person is a student at a private167 or public school in this state, such person shall have the righ t to be accompanied by a168 guide dog or service dog subject to liability for damage as provided in the preceding169 sentence. The guide dog or service dog must be identified as h aving been trained by a170 school for seeing eye, hearing, service, or guide dogs.171 (2) Every person engaged in the training of a guide dog or service dog for the purpose172 of accompanying a person as provided in paragraph (1) of this subsection shall have the173 same right to be accompanied by such service dog being trained as the totally or partially174 blind person, deaf person, or physically disabled physically or mentally impaired person175 H. B. 668 - 7 - 26 HB 668/AP has under paragraph (1) of this subsection, so long as such tra iner is engaged in owner176 training or is identified as an agent or employee of a school for seeing eye, hearing,177 service, or guide service dogs.178 (3) Every person engaged in the raising of a dog for training as a guide dog or service179 dog for the purpose of accompanying a person as provided in par agraph (1) of this180 subsection and every physically or mentally impaired person who is engaged in owner181 training of his or her dog as a service dog shall have the same right to be accompanied182 by such dog being raised for training or in owner training as the totally or partially blind183 person, deaf person, or physically disabled physically or mentally impaired person has184 under paragraph (1) of this subsection, so long as:185 (A) The trainer notifies an onsite manager that a service dog in training is being186 brought onto the premises;187 (B) Each trainer or puppy raiser during the training of a service dog is liable for any188 damage done to persons, premises, or facilities by that service dog in training;189 (C) Such dog is being held on a leash and is under the control of the person raising190 such dog for an accredited school for seeing eye, hearing, service, or guide dogs at all191 times and such control includes that such dog is on a harness, leash, or other tether,192 unless either the handler is unable because of a disability to use a harness, leash, or193 other tether, or the use of a harness, leash, or other tether w ould interfere with the194 service dog's safe, effective performance of work or tasks, in which case the service dog195 must be otherwise under the handler's control through the use of voice control, signals,196 or other effective means;197 (B) Such person has on his or her person and available for inspection credentials from198 the accredited school for which the dog is being raised; and199 (D) Such dog is at least six months of age and is reliably housebroken; and200 H. B. 668 - 8 - 26 HB 668/AP (C)(E) Such dog is wearing a collar, leash, or other appropriate apparel or device that201 identifies such dog with the accredited school for which such d og is being raised as202 being trained as a service dog.203 (c) If a person engaged in the raising and training of a servi ce dog does not uphold the204 requirements of paragraph (3) of subsection (b) of this Code se ction, then business and205 public entities shall have the right to ask the person to remove the service dog in training. 206 In such instance, the staff of the business or public entity sh all offer the person with the207 disability the opportunity to obtain goods or services without the dog's presence.208 (d) Service dogs in training shall have the same rights and pr otections under the law as209 working service dogs.210 (e) Every totally or partially blind person operating a vending stand shall have the right to211 be accompanied by a trained guide service dog on the entire premises of his or her vending212 operation."213 SECTION 6.214 Said chapter is further amended by revising Code Section 30-4-3, relating to right to housing215 accommodations, as follows:216 "30-4-3.217 (a) Physically or mentally impaired Blind persons, visually disabled persons, physically218 disabled persons, and deaf persons shall be entitled to rent, lease, or purchase, as othe r219 members of the general public, all housing accommodations offered for rent, lease, or other220 compensation in this state, subject to the conditions and limitations established by law and221 applicable alike to all persons.222 (b) Every totally or partially blind person, every physically disabled person, and every deaf223 physically or mentally impaired person who has a guide dog or service dog or who obtains224 a guide dog or service dog and every person engaged in the training of a guid e dog or225 service dog shall be entitled to full and equal access to all h ousing accommodations226 H. B. 668 - 9 - 26 HB 668/AP provided for in this Code section, and he or she shall not be r equired to pay extra227 compensation for such guide dog or service dog. However, he or she shall be liable for any228 damage done to the premises by such guide dog or service dog.229 (c) Nothing in this Code section shall require any person rent ing, leasing, or otherwise230 providing real property for compensation to modify his or her p roperty in any way or231 provide a higher degree of care for a blind, visually disabled, physically disabled, or deaf232 physically or mentally impaired person than for a person who is not so disabled physically233 or mentally impaired."234 SECTION 7.235 Said chapter is further amended by revising Code Section 30-4-4 , relating to denial of or236 interference with admittance to or enjoyment of facilities or exercise of rights, as follows:237 "30-4-4.238 (a) Any person, firm, or corporation, or the agent of any person, firm, or corporation, who239 denies or interferes with admittance to or enjoyment of the fac ilities enumerated in this240 c h a p t e r o r o t h e r w i s e i n t e r f e r e s w i t h t h e r i g h t s o f a t o t a l l y o r partially blind person,241 physically disabled person, or deaf physically or mentally impaired person or person242 engaged in the training or raising of a guide dog or service dog as provided by this chapter243 shall be guilty of a misdemeanor of a high and aggravated natur e and, upon conviction244 thereof, shall be punished by a fine not to exceed $2,000.00, i mprisonment confinement245 for not more than 30 days, or both.246 (b) Any individual who deliberately misrepresents himself or h erself as qualified to use247 a service dog or train or raise service dogs for the purpose of obtaining accommodations248 or securing rights under this chapter shall be guilty of a misd emeanor of a high and249 aggravated nature and, upon conviction thereof, shall be punish ed by a fine not to250 exceed $2,000.00, confinement for not more than 30 days, or both."251 H. B. 668 - 10 - 26 HB 668/AP SECTION 8.252 Chapter 6 of Title 40 of the Official Code of Georgia Annotated , relating to uniform rules253 of the road, is amended by revising Code Section 40-6-94, relating to right of way of blind254 pedestrian, as follows:255 "40-6-94.256 The driver of every vehicle shall yield the right of way to any blind pedestrian who is257 carrying a walking cane or stick wh ite in color or white tipped w i t h r e d o r w h o i s258 accompanied by a guide dog service dog."259 SECTION 9.260 All laws and parts of laws in conflict with this Act are repealed. 261 H. B. 668 - 11 -