[nagdu] Pennsylvania - Guide dog attack bill clears Senate

Ginger Kutsch GingerKutsch at yahoo.com
Sun May 27 20:51:45 UTC 2012


Dear William,

The Michigan penal code provides protections against harm or interference by
a person but does not specifically include penalties for individuals whose
dogs harm or interfere with a guide dog. 

Michigan
Chapter 750. Michigan Penal Code
 The Michigan Penal Code (Refs & Annos)
 Chapter IX. Animals (Refs & Annos)

MCL § 750.50a. Conduct directed toward dogs assisting or serving blind,
deaf, audibly impaired, or physically limited individuals; misdemeanor,
penalties; evidence of initiated or continued conduct, rebuttable
presumption; conviction and imposition of sentence; definitions

(1) An individual shall not do either of the following:

(a) Willfully and maliciously assault, beat, harass, injure, or attempt to
assault, beat, harass or injure a dog that he or she knows or has reason to
believe is a guide or leader dog for a blind individual, a hearing dog for a
deaf or audibly impaired individual, or a service dog for a physically
limited individual.
(b) Willfully and maliciously impede or interfere with, or attempt to impede
or interfere with duties performed by a dog that he or she knows or has
reason to believe is a guide or leader dog for a blind individual, a hearing
dog for a deaf or audibly impaired individual, or a service dog for a
physically limited individual.
(2) An individual who violates subsection (1) is guilty of a misdemeanor
punishable by imprisonment for not more than 90 days or a fine of not more
than $500.00, or both.
(3) In a prosecution for a violation of subsection (1), evidence that the
defendant initiated or continued conduct directed toward a dog described in
subsection (1) after being requested to avoid or discontinue that conduct or
similar conduct by a blind, deaf, audibly impaired, or physically limited
individual being served or assisted by the dog shall give rise to a
rebuttable presumption that the conduct was initiated or continued
maliciously.
(4) A conviction and imposition of a sentence under this section does not
prevent a conviction and imposition of a sentence under any other applicable
provision of law.
(5) As used in this section:
(a) “Audibly impaired” means the inability to hear air conduction thresholds
at an average of 40 decibels or greater in the individual's better ear.
(b) “Blind” means having a visual acuity of 20/200 or less in the
individual's better eye with correction, or having a limitation of the
individual's field of vision such that the widest diameter of the visual
field subtends an angular distance not greater than 20 degrees.
(c) “Deaf” means the individual's hearing is totally impaired or the
individual's hearing, with or without amplification, is so seriously
impaired that the primary means of receiving spoken language is through
other sensory input, including, but not limited to, lip reading, sign
language, finger spelling, or reading.
(d) “Harass” means to engage in any conduct directed toward a guide, leader,
hearing, or service dog that is likely to impede or interfere with the dog's
performance of its duties or that places the blind, deaf, audibly impaired,
or physically limited individual being served or assisted by the dog in
danger of injury.
(e) “Injure” means to cause any physical injury to a dog described in
subsection (1).
(f) “Maliciously” means any of the following:
(i) With intent to assault, beat, harass or injure a dog described in
subsection (1).
(ii) With intent to impede or interfere with duties performed by a dog
described in subsection (1).
(iii) With intent to disturb, endanger, or cause emotional distress to a
blind, deaf, audibly impaired, or physically limited individual being served
or assisted by a dog described in subsection (1).
(iv) With knowledge that the individual's conduct will, or is likely to
harass or injure a dog described in subsection (1).
(v) With knowledge that the individual's conduct will, or is likely to
impede or interfere with duties performed by a dog described in subsection
(1).
(vi) With knowledge that the individual's conduct will, or is likely to
disturb, endanger, or cause emotional distress to a blind, deaf, audibly
impaired, or physically limited individual being served or assisted by a dog
described in subsection (1).
(g) “Physically limited” means having limited ambulatory abilities and
includes but is not limited to having a temporary or permanent impairment or
condition that does 1 or more of the following:
(i) Causes the individual to use a wheelchair or walk with difficulty or
insecurity.
(ii) Affects sight or hearing to the extent that an individual is insecure
or exposed to danger.
(iii) Causes faulty coordination.
(iv) Reduces mobility, flexibility, coordination, or perceptiveness. 
 





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