HB 668: Crimes and offenses; change references to assistance and guide dogs to service dogs

House Bill 668 (AS PASSED HOUSE AND SENATE)

By: Representatives Thomas of the 21st, Seabaugh of the 34th, Washburn of the 144th, 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 of Georgia Annotated, relating to crimes and offenses, rights of persons with disabilities, and uniform rules of the road, respectively, so as to change references to assistance and guide dogs to service dogs; to provide for definitions and conforming changes; to provide for a criminal penalty for a person who interferes with, causes death, or physical harm to a service dog; to provide for exceptions; to provide for restitution; to revise provisions relating to the use and training of service dogs; to provide for a penalty for persons who misrepresent the need for a service dog; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

This Act shall be known and may be cited as the "Mara Jade Act."

SECTION 2.

Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended in Chapter 11, relating to offenses against public order and safety, by revising Code Section 16-11-107.1, relating to harassment of assistance dog by humans or other dogs and penalty, as follows:

"16-11-107.1.

(a) As used in this Code section, the term:

(1) 'Assistance dog' means a dog that is or has been trained by a licensed or certified person, organization, or agency to perform physical tasks for a physically challenged person. Assistance dogs include guide or leader dogs that guide individuals who are legally blind; hearing dogs that alert individuals who are deaf or hard of hearing to specific sounds; and service dogs for individuals with disabilities other than blindness or deafness, which are trained to perform a variety of physical tasks, including, but not limited to, pulling a wheelchair, lending balance support, picking up dropped objects, or providing assistance in a medical crisis.

(2) 'Harass' means to engage in any conduct directed toward an assistance a service dog that is knowingly likely to impede or interfere with the assistance service dog's performance of its duties or that places the blind, deaf, or physically limited physically or mentally impaired person being served or assisted by the service dog in danger of injury.

(3) 'Notice' means an oral or otherwise communicated warning proscribing the behavior of another person and a request that the person stop the particular behavior.

(2) 'Service dog' shall have the same meaning as set forth in Code Section 30-4-1.

(b) Any person who knowingly and intentionally harasses or attempts to harass an assistance dog, knowing the dog to be an assistance dog, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment for not less than 90 days or a fine not to exceed $500.00, or both.

(b)(1) A person commits the offense of interfering with a service dog when he or she knows or should have known the dog to be a service dog and intentionally:

(A) Frightens, agitates, harasses, or tampers with the dog;

(B) Delays, obstructs, or hinders the dog in the performance of its duty as a service dog; or

(C) Allows his or her dog to harass a service dog.

(2) Any person convicted of a violation of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment not to exceed 12 months, or a fine not to exceed $1,000.00, or both. Any person who is convicted of a second or subsequent violation of this subsection shall be punished as for a misdemeanor of a high and aggravated nature.

(c)(1) A Any person who has received notice that his or her behavior is interfering with the use of an assistance dog who continues to harass an assistance dog, knowing the dog to be an assistance dog, person commits the offense of harming a service dog when he or she knows or should have known that a dog is a service dog and intentionally:

(A) Causes, or commits an act that is likely to cause, physical harm, pain, or suffering to a service dog; or

(B) Allows his or her dog to cause physical harm, pain, or suffering to a service dog.

(2) Any person convicted of a violation of this subsection shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, shall be punished by imprisonment for not less than 90 days six months nor more than 12 months or a fine not to exceed $500.00 $5,000.00, or both, provided that any person who is convicted of a second or subsequent violation of this subsection shall be punished as for a misdemeanor of a high and aggravated nature.

(d)(1) A Any person who knowingly and intentionally allows his or her dog to harass an assistance dog, knowing the dog to be an assistance dog, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment for not less than 90 days or a fine not to exceed $500.00, or both, provided that any person who is convicted of a second or subsequent violation of this subsection shall be punished as for a misdemeanor of a high and aggravated nature. person commits the offense of aggravated harming of a service dog when he or she knows or should have known that a dog is a service dog and when he or she intentionally commits an act that:

(A) Causes the death of the dog; or

(B) Injures the dog in a manner that materially affects its ability to perform as a service dog.

(2) Any person convicted of a violation of this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two nor more than ten years, a fine not to exceed $50,000.00, or both, and the first two years of such sentence shall not be suspended, probated, deferred, or withheld by a sentencing court; provided, however, that in the court's discretion, the court may depart from such mandatory minimum sentence when the prosecuting attorney and defendant have agreed to a sentence that is below such mandatory minimum.

(e) Any person who knowingly and intentionally allows his or her dog to cause death or physical harm to an assistance dog by rendering a part of the assistance dog's body useless or by seriously disfiguring the assistance dog, knowing the dog to be an assistance dog, shall be punished as for a misdemeanor of a high and aggravated nature. In addition to any other penalty provided for under this Code section, the court shall order the defendant to make restitution pursuant to Article 1 of Chapter 14 of Title 17 to the owner of a service dog for the costs of the veterinary expenses incurred in the treatment of such dog and the costs of any restorative training necessary to enable the dog to resume its duties. Notwithstanding Code Section 17-14-2 to the contrary, restitution when a service dog dies or is no longer able to engage in performance of its duties as a result of a violation of this Code section shall additionally include the amount of the actual replacement value of the service dog, which shall include the value of a dog to replace the service dog and all costs associated with training such dog and its handler or handlers.

(f) Nothing in this Code section shall prohibit the killing or euthanasia of a service dog for humane purposes in a manner consistent with the provisions of Code Section 4-11-5.1.

(g) Nothing in this Code section shall prohibit the defense of a person against a service dog that attacks such person."

SECTION 3.

Said title is further amended in Chapter 12, relating to offenses against public health and morals, by revising paragraph (6) of subsection (a) of Code Section 16-12-120, relating to certain acts in public transit buses, rapid rail cars, or stations and penalty, as follows: "(6) Carries or possesses any explosives, acids, other dangerous articles, or live animals, except for the following:

(A) A guide dog or service dog as described in Code Section 30-4-2, provided that such guide dog or service dog is accompanied by a physically disabled person, blind person, person with visual disabilities, deaf physically or mentally impaired person, or a person who is responsible for training a guide dog or service dog; and

(B) Small pets confined to rigid pet carriers with locks or latches;"

SECTION 4.

Chapter 4 of Title 30 of the Official Code of Georgia Annotated, relating to rights of persons with disabilities, is amended by revising Code Section 30-4-1, relating to definitions, as follows:

"30-4-1.

As used in this chapter, the term:

(1) 'Activities of daily living' means tasks that are essential, routine, and provide for an individual's basic needs, including, but not limited to, eating, toileting, grooming, dressing, shaving, walking, transferring, and other functions necessary for independent living.

(2) 'Housing accommodations' means any real property or portion thereof which is used or occupied, or intended, arranged, or designed to be used or occupied, as the home, residence, or sleeping place of one or more human beings but shall not include any single-family residence the occupants of which rent, lease, or furnish for compensation not more than one room therein.

(2) 'Physically disabled person' means any person, regardless of age, who is subject to a physiological defect or deficiency regardless of its cause, nature, or extent that renders the person unable to move about without the aid of crutches, a wheelchair, or any other form of support, or that limits the person's functional ability to ambulate, climb, descend, sit, rise, or to perform any related function.

(3) 'Owner training' means training of a dog to become a service dog by an owner who is a physically or mentally impaired person by teaching the dog to perform the specific tasks that directly assist such owner and directly relate to such owner's specific disability and to take a specific action when needed to assist the person.

(4) 'Physically or mentally impaired person' means any person, regardless of age, who, regardless of the cause, nature, or extent, is rendered substantially limited or unable to perform one or more activities of daily living over an extended period of time as a result of developmental deficiencies, the aging process, learning disabilities, physical injury or disease, cognitive impairments, or psychological disabilities.

(5) 'Service dog' means any domestic canine that has been individually trained to do work or perform tasks that directly assist a physically or mentally impaired person and directly relate to such person's specific disability and to take a specific action when needed to assist the person, or if still in training, that is operating under the guidance of a trainer. Such term shall not include a dog that has not been trained to do a specific job or task or that solely provides comfort, companionship, or emotional support to a person, regardless of such person's disability status.

(6) 'Trainer' means a service dog owner with a disability who is involved in the training process of his or her service dog or an individual who is competent to train service animals and is involved in such processes."

SECTION 5.

Said chapter is further amended by revising Code Section 30-4-2, relating to right to equal public accommodations and right to be accompanied by guide dog or service dog, as follows:

"30-4-2.

(a) Physically or mentally impaired Blind persons, persons with visual disabilities, persons with physical disabilities, and deaf persons are entitled to full and equal accommodations, advantages, facilities, and privileges on all common carriers, airplanes, motor vehicles, railroad trains, motor buses, streetcars, boats, or any other public conveyances or modes of transportation and at hotels, lodging places, places of public accommodation, amusement, or resort, and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons. (b)(1) Every totally or partially blind person shall have the right to be accompanied by a guide dog, and every physically disabled person and every deaf physically or mentally impaired person shall have the right to be accompanied by a service dog, especially trained for the purpose, in any of the places listed in subsection (a) of this Code section without being required to pay an extra charge for the guide or service dog; provided, however, that he or she shall be liable for any damage done to the premises or facilities by such service dog. In addition, if such totally or partially blind person, physically disabled person, or deaf physically or mentally impaired person is a student at a private or public school in this state, such person shall have the right to be accompanied by a guide dog or service dog subject to liability for damage as provided in the preceding sentence. The guide dog or service dog must be identified as having been trained by a school for seeing eye, hearing, service, or guide dogs.

(2) Every person engaged in the training of a guide dog or service dog for the purpose of accompanying a person as provided in paragraph (1) of this subsection shall have the same right to be accompanied by such service dog being trained as the totally or partially blind person, deaf person, or physically disabled physically or mentally impaired person has under paragraph (1) of this subsection, so long as such trainer is engaged in owner training or is identified as an agent or employee of a school for seeing eye, hearing, service, or guide service dogs.

(3) Every person engaged in the raising of a dog for training as a guide dog or service dog for the purpose of accompanying a person as provided in paragraph (1) of this subsection and every physically or mentally impaired person who is engaged in owner training of his or her dog as a service dog shall have the same right to be accompanied by such dog being raised for training or in owner training as the totally or partially blind person, deaf person, or physically disabled physically or mentally impaired person has under paragraph (1) of this subsection, so long as:

(A) The trainer notifies an onsite manager that a service dog in training is being brought onto the premises;

(B) Each trainer or puppy raiser during the training of a service dog is liable for any damage done to persons, premises, or facilities by that service dog in training; (C) Such dog is being held on a leash and is under the control of the person raising such dog for an accredited school for seeing eye, hearing, service, or guide dogs at all times and such control includes that such dog is on a harness, leash, or other tether, unless either the handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service dog's safe, effective performance of work or tasks, in which case the service dog must be otherwise under the handler's control through the use of voice control, signals, or other effective means;

(B) Such person has on his or her person and available for inspection credentials from the accredited school for which the dog is being raised; and

(D) Such dog is at least six months of age and is reliably housebroken; and (C)(E) Such dog is wearing a collar, leash, or other appropriate apparel or device that identifies such dog with the accredited school for which such dog is being raised as being trained as a service dog.

(c) If a person engaged in the raising and training of a service dog does not uphold the requirements of paragraph (3) of subsection (b) of this Code section, then business and public entities shall have the right to ask the person to remove the service dog in training. In such instance, the staff of the business or public entity shall offer the person with the disability the opportunity to obtain goods or services without the dog's presence.

(d) Service dogs in training shall have the same rights and protections under the law as working service dogs.

(e) Every totally or partially blind person operating a vending stand shall have the right to be accompanied by a trained guide service dog on the entire premises of his or her vending operation."

SECTION 6.

Said chapter is further amended by revising Code Section 30-4-3, relating to right to housing accommodations, as follows:

"30-4-3.

(a) Physically or mentally impaired Blind persons, visually disabled persons, physically disabled persons, and deaf persons shall be entitled to rent, lease, or purchase, as other members of the general public, all housing accommodations offered for rent, lease, or other compensation in this state, subject to the conditions and limitations established by law and applicable alike to all persons.

(b) Every totally or partially blind person, every physically disabled person, and every deaf physically or mentally impaired person who has a guide dog or service dog or who obtains a guide dog or service dog and every person engaged in the training of a guide dog or service dog shall be entitled to full and equal access to all housing accommodations provided for in this Code section, and he or she shall not be required to pay extra compensation for such guide dog or service dog. However, he or she shall be liable for any damage done to the premises by such guide dog or service dog.

(c) Nothing in this Code section shall require any person renting, leasing, or otherwise providing real property for compensation to modify his or her property in any way or provide a higher degree of care for a blind, visually disabled, physically disabled, or deaf physically or mentally impaired person than for a person who is not so disabled physically or mentally impaired."

SECTION 7.

Said chapter is further amended by revising Code Section 30-4-4, relating to denial of or interference with admittance to or enjoyment of facilities or exercise of rights, as follows:

"30-4-4.

(a) Any person, firm, or corporation, or the agent of any person, firm, or corporation, who denies or interferes with admittance to or enjoyment of the facilities enumerated in this chapter or otherwise interferes with the rights of a totally or partially blind person, physically disabled person, or deaf physically or mentally impaired person or person engaged in the training or raising of a guide dog or service dog as provided by this chapter shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, shall be punished by a fine not to exceed $2,000.00, imprisonment confinement for not more than 30 days, or both.

(b) Any individual who deliberately misrepresents himself or herself as qualified to use a service dog or train or raise service dogs for the purpose of obtaining accommodations or securing rights under this chapter shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, shall be punished by a fine not to exceed $2,000.00, confinement for not more than 30 days, or both."

SECTION 8.

Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, is amended by revising Code Section 40-6-94, relating to right of way of blind pedestrian, as follows:

"40-6-94.

The driver of every vehicle shall yield the right of way to any blind pedestrian who is carrying a walking cane or stick white in color or white tipped with red or who is accompanied by a guide dog service dog."

SECTION 9.

All laws and parts of laws in conflict with this Act are repealed.