HB 1497

HB 1497: “Mercedes’ Law”: 

HB 1497: “Mercedes’ Law”

Background: “Mercedes’ Law”: 

Background: “Mercedes’ Law” HB 1497 is known as "Mercedes' Law" in honor of an eleven-year-old child who was attacked by a pit bull in DeKalb County last year.  While her small cousin was able to escape the pit bull, Mercedes was severely injured. She has undergone seven reconstructive surgeries to repair the wounds she suffered.

Purpose: HB 1497: 

Purpose: HB 1497 To help prevent future attacks: Representative David Knight introduced HB 1497, which sets minimum state standards and requirements to control vicious dogs. HB 1497 designates the owner as solely liable for any injury or death the dog causes. 

Definition of “Vicious”: 

Definition of “Vicious” HB 1497 describes a “vicious” dog as: A dog whose owner knows it has previously attacked or injured a human being or domestic animal without provocation - Or - A dog that is owned, trained or kept as a participant in dog-fights

Exemptions: 

Exemptions A dog that is tormented or abused will not be responsible for injuring the abuser. Law enforcement dogs would be exempt while on duty. A dog that injures a person who was trespassing (or committing another crime) will not be considered vicious.

Compliance: Options for the Owner: 

Compliance: Options for the Owner A dog should be either: Securely confined indoors while on the owner's property On a leash, or physically restrained by a responsible person, if outside the enclosure

Compliance: Options for the Owner (Continued): 

Compliance: Options for the Owner (Continued) Kept securely enclosed and locked inside a pen or fence --If the dog is housed in a pen, it must be enclosed with secure sides and a secure top.  --If the dog is kept inside a fence, all sides of the fence must be too high for the animal to jump over, and the bottom must be so secure it cannot possibly dig out. 

Penalties: 

Penalties 1st Violation: The owner would be guilty of a misdemeanor.  2nd Conviction: $300 fine, in addition to possible confinement 3rd Conviction: $500 fine, in addition to possible confinement Willful violators, with a previous conviction, will be guilty of a misdemeanor of a high and aggravated nature if the dog harms an individual.

Penalties (Continued): 

Penalties (Continued) Vicious dogs not kept in proper enclosures will be confiscated and destroyed if the owner does not comply within 40 days.  Dogs causing severe injury or death of a human will be confiscated and destroyed. 

Accountability: 

Accountability “This bill ensures that irresponsible dog owners are held accountable for the actions of animals they know to be vicious.  Hopefully this legislation will prevent future senseless attacks and severe injuries to innocent children and adults.” -- Rep. David Knight, following the passage of HB 1497