In Alabama, HB 204 and SB 232 were recently signed into law. Both bills involve a surety bond requirement for those who own a dangerous dog in the state.
Emily’s Law
SB 232 is also known as Emily’s Law in memory of Emily Colvin, a 24-year-old woman who was attacked and killed by five dogs in Alabama last December. The law creates a felony charge for owners of dangerous dogs that injure or kill people, and creates a registration procedure for the owners of some dangerous dogs.
If a dog is reported as dangerous, the dog can be impounded by animal control or law enforcement � the dog’s owner is liable for costs associated with impounding. While the dog is impounded, an investigation will determine whether or not it will be considered dangerous. Dogs that are determined to be dangerous, and it caused serious physical injury or death, it will be euthanized. However if the dog is determined to be dangerous but has not caused serious injury or death, the judge may
There are several instances under which a dog will not be considered dangerous, even if it did cause injury or death:
- If the person was attacked while trespassing and committing a crime or intending to commit a crime.
- If the person was tormenting or teasing the dog when they were attacked, or if the person repeatedly did so in the past.
- If the dog was protecting a person from assault by the person who was attacked.
- If the dog attacked in response to pain or in protection of self, kennel, or offspring.
- If the dog attacked when disturbed while sleeping or eating.
Emily’s Law also states barking and/or growling does not classify a dog as dangerous.�If the dog is considered dangerous and the owner is allowed to keep it, they’ll need to adhere to Emily’s Law procedure and register the dog with local animal control or health department within 30 days and renew registration annually. Owners must be 18 years old or older, and need to provide this information with registration:
- Certificate of current rabies vaccination
- Current photo of dog
- Evidence that the dog will reside in a proper enclosure
- Evidence that the dog is spayed or neutered
- Dog must be microchipped or identifiably tattooed
- No less than a $100,000 surety bond
- Written permission from property owner allowing dog to reside at the property
Dangerous dog owners must also provide a notarized affidavit confirming that the dog will be under the control of a person over 18 if they are not in their enclosure or indoors, and that the dog will not leave the property unless in case of emergency or for regular medical treatment. Dangerous dog owners must also pay a registration fee and provide the proper enclosure within 30 days of the court’s decision. Read Emily’s Law in its entirety to learn what a proper enclosure entails and for more details.
Understanding Emily's Law: Implications for Dog Owners in Alabama
HB 204 does much the same thing that Emily’s Law does, establishes a procedure for how a dangerous dog is labeled as such and creates a surety bond requirement for dangerous dog owners in some instances. In particular, HB 204 outlines specific penalties and procedures for dangerous dog owners that live in unincorporated areas of Chilton County, Alabama.
What does the bond do?
If their dog is declared a dangerous dog, the owner is required to get a surety bond as a means of protecting the public and the state from liability. The surety bond must be at least $100,000. In the event that the dangerous dog commits dangerous actions in the future, the surety bond provides a means of recovering medical and veterinary costs that result.