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Dog-attack measure passes full Senate
By SARAH CHACKO
Advocate Capitol News Bureau
Published: Jun 17, 2009 -
Owners of dogs that attack people could be subject to negligent homicide charges under legislation that passed the full Senate Tuesday.
House Bill 155 would allow prosecutors to pursue the charge, which means dog owners could be sentenced to up to five years in prison and fined up to $5,000.
State Sen. Elbert Guillory, D-Opelousas, said the bill sends a message to dangerous dog owners across Louisiana.
“We will not tolerate attacks,” he said.
Senators amended HB155 to prohibit insurance companies from denying homeowner policy claims if the homeowner is found guilty of the new crime. Some policies specifically deny coverage for acts committed due to criminal conduct.
State Sen. Danny Martiny, R-Kenner, said recent tragic deaths due to dog attacks have highlighted some inadequacies in the state’s criminal system.
“I hope we would, in our sympathy for these families, make sure that we aren’t knocking these people out of the opportunity to go after the homeowners’ policies that covers that negligence,” he said.
State Sen. Rob Marionneaux, D-Grosse Tete and sponsor of the amendment, said companies can still decide to write policies that do not cover dogs considered to be more dangerous, such as pit bulls.
When asked by another senator why the bill was necessary, Marionneaux answered, “I guess someone needs the comfort of knowing that their situation has been rectified if there is a problem.”
Backers say the bill is needed because current law is too vague in establishing owner negligence in cases of dog attacks.
A 4-year-old boy, Michael Blaise Landry, was killed in April by three boxers that had escaped their pens.
Tony Clayton, who was the prosecutor in the case, said that if the legislation was state law, it would have ensured a conviction of the animal’s owner.
A Pointe Coupee Parish grand jury on May 8 heard from six witnesses before deciding that the mauling death of the 4-year-old did not rise to the level of a grossly negligent act.
The Senate approved the amended measure 31-0. Since HB155 was amended by the Senate, the House has to agree on those changes before it can move to the governor’s desk.
http://www.2theadvocate.com/news/48214987.html?showAll=y&c=y
By SARAH CHACKO
Advocate Capitol News Bureau
Published: Jun 17, 2009 -
Owners of dogs that attack people could be subject to negligent homicide charges under legislation that passed the full Senate Tuesday.
House Bill 155 would allow prosecutors to pursue the charge, which means dog owners could be sentenced to up to five years in prison and fined up to $5,000.
State Sen. Elbert Guillory, D-Opelousas, said the bill sends a message to dangerous dog owners across Louisiana.
“We will not tolerate attacks,” he said.
Senators amended HB155 to prohibit insurance companies from denying homeowner policy claims if the homeowner is found guilty of the new crime. Some policies specifically deny coverage for acts committed due to criminal conduct.
State Sen. Danny Martiny, R-Kenner, said recent tragic deaths due to dog attacks have highlighted some inadequacies in the state’s criminal system.
“I hope we would, in our sympathy for these families, make sure that we aren’t knocking these people out of the opportunity to go after the homeowners’ policies that covers that negligence,” he said.
State Sen. Rob Marionneaux, D-Grosse Tete and sponsor of the amendment, said companies can still decide to write policies that do not cover dogs considered to be more dangerous, such as pit bulls.
When asked by another senator why the bill was necessary, Marionneaux answered, “I guess someone needs the comfort of knowing that their situation has been rectified if there is a problem.”
Backers say the bill is needed because current law is too vague in establishing owner negligence in cases of dog attacks.
A 4-year-old boy, Michael Blaise Landry, was killed in April by three boxers that had escaped their pens.
Tony Clayton, who was the prosecutor in the case, said that if the legislation was state law, it would have ensured a conviction of the animal’s owner.
A Pointe Coupee Parish grand jury on May 8 heard from six witnesses before deciding that the mauling death of the 4-year-old did not rise to the level of a grossly negligent act.
The Senate approved the amended measure 31-0. Since HB155 was amended by the Senate, the House has to agree on those changes before it can move to the governor’s desk.
http://www.2theadvocate.com/news/48214987.html?showAll=y&c=y