Senate Amendment to Senate Bill No. 396 (BDR 15-987)
Proposed by: Committee on Judiciary
Amendment Box:
Amends: Summary: Title: Preamble: Joint Sponsorship:
ASSEMBLY ACTION
Initial and Date | SENATE ACTION Initial and DateAdopted Lost | Adopted Lost
Concurred In Not | Concurred In Not
Receded Not | Receded Not
Amend sec. 3, page 2, by deleting lines 6 through 13 and inserting:
(a) Beat, harass or intimidate
a guide dog, hearing dog, helping dog or other service animal.(b) Interfere with a guide dog, hearing dog, helping dog or other service animal.
2. Any person who violates
(a) Paragraph (a) of subsection 1 is guilty of a gross misdemeanor.
(b) Paragraph (b) of subsection 1 is guilty of a misdemeanor.
".Amend sec. 4, page 2, by deleting lines 19 and 20 and inserting:
"
Amend sec. 5, pages 2 and 3, by deleting lines 35 through 43 on page 2 and lines 1 through 17 on page 3 and inserting:
"
1. A person shall not willfully and maliciously:(a) Taunt, torment, tease, beat, strike or administer a desensitizing drug, chemical or substance to a police animal;
(b) Interfere with a police animal or a handler thereof in the performance of duties assigned to the police animal or handler; or
(c) Torture, mutilate, injure, poison, disable or kill a police animal.
2. A person who violates:
(a) Paragraph (a) or (b) of subsection 1 is guilty of a misdemeanor.
(b) Paragraph (c) of subsection 1 is guilty of:
(1) If the police animal is not totally disabled or killed, a gross misdemeanor.
(2) If the police animal is totally disabled or killed, a category C felony and shall be punished as provided in NRS 193.130. In addition to the punishment imposed pursuant to this subparagraph, the court may require a person who is punished pursuant to this subparagraph to pay restitution to the agency that owns the police animal, including, without limitation, payment for veterinary services and the cost of replacing the police animal.
3. The provisions of this section do not prohibit a euthanasia technician licensed pursuant to chapter 638 of NRS, a peace officer or a veterinarian from euthanizing a police animal in an emergency if the police animal is critically wounded and would otherwise endure undue suffering and pain.
".Amend sec. 8, pages 4 and 5, by deleting lines 36 through 42 on page 4 and lines 1 through 16 on page 5 and inserting:
1. Overdrives, overloads, tortures or cruelly beats or unjustifiably injures, maims, mutilates or kills any]
1. A person shall not:
(a) Overdrive, overload, torture, cruelly beat or unjustifiably injure, maim, mutilate or kill an
animal, whether belonging to himself or to another;
(b) Deprive an
animal of necessary sustenance, food or drink, or
(c) Cause, procure or allow an
animal to be overdriven, overloaded, tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or killed, or to be deprived of necessary food or drink;
(d) Instigate, engage
in, or in any way
(e) Abandon
an animal in circumstances other than those prohibited in NRS 574.110 .is guilty of a misdemeanor.]
2. A person who violates subsection 1:
".Amend sec. 9, pages 6 and 7, by deleting lines 9 through 39 on page 6 and lines 1 through 3 on page 7 and inserting:
"651.075 1. It is unlawful for a place of public accommodation to:
(a) Refuse admittance or service to a person with a visual, aural or physical disability because he is accompanied by a guide dog, hearing dog, helping dog or other service animal
.(b) Refuse admittance or service to a person training such an animal
.(c) Refuse to permit an employee of the place of public accommodation who is training such an animal to bring the animal into:
(1) The place of public accommodation; or
(2) Any area within the place of public accommodation to which employees of the place have access, regardless of whether the area is open to the public
.(d)
Refuse admittance or service to a person because he is accompanied by a police dog.(e)
Charge an additional fee for such an animal.2. A place of accommodation may require proof that an animal is a guide dog, hearing dog, helping dog or other service animal, or that a person is training such an animal. This requirement may be satisfied, by way of example and not of limitation, by exhibition of the identification card normally presented to a trainer of such an animal or to a person with a visual, aural or physical disability upon his graduation from a school for guide dogs, school for hearing dogs
,3. A guide dog, hearing dog, helping dog or other service animal may not be presumed dangerous by reason of the fact it is not muzzled.
4. This section does not relieve
(a) A
person with a disability or a person who trains such an animal from liability for damage caused by his guide dog, hearing dog, helping dog or other service animal.(b) A person who is accompanied by a police dog from liability for damage caused by the police dog.
5. Persons with disabilities who are accompanied by guide dogs, hearing dogs, helping dogs or other service animals are subject to the same conditions and limitations that apply to persons who are not so disabled and accompanied.
6.
Persons who are accompanied by police dogs are subject to the same conditions and limitations that apply to persons who are not so accompanied.7.
For the purposes of this section(a) The
terms "guide dog," "hearing dog," "helping dog" and "service animal" have the meanings ascribed to them respectively in NRS 426.075, 426.081, 426.083 and 426.097.(b) "Police dog" means a dog which is owned by a state or local governmental agency and which is used by a peace officer in performing his duties as a peace officer.
".Amend the title of the bill by deleting the third line and inserting:
"the definition of a service animal; providing penalties; prohibiting a place of public accommodation from refusing admission or service to a person who is accompanied by a police dog; and providing other matters".