HB398 Alabama 2011 Session

Summary

Primary Sponsor

Paul DeMarco

Republican

Session

Regular Session 2011

Title

Service dogs, harassing, injuring, or causing death of, crime of established, penalties, restitution of certain expenses

Summary

HB398 would protect service dogs by making it a crime to harass, injure, or kill them, require restitution for related damages, and address local-funding rules surrounding such protections.

What This Bill Does

It creates criminal offenses for harassing a service dog, with a Class C misdemeanor if the harassment occurs after notice or while the dog is not contained. It criminalizes injuring a service dog, with a Class B misdemeanor for reckless disregard and a Class A misdemeanor for intentional harm. It makes the death or disability of a service dog a felony (1-2 years if reckless, 1-5 years if intentional). It requires restitution to cover damages to the service dog and user, including medical costs, retraining, and lost wages, while preserving the right to civil action and allowing costs/attorney fees to be awarded. It also notes the bill interacts with Amendment 621 on local expenditures, stating the bill falls within exceptions that avoid additional local approval requirements.

Who It Affects

• Service dog users/handlers: gain legal protection for their service dogs and can seek restitution and civil remedies if harmed.
• General public and dog owners: individuals who harass, injure, or kill service dogs would face criminal penalties (misdemeanors or felonies) and potential restitution; the local-government funding rule is also addressed by the constitutional exception.

Key Provisions

• Defines harass, injure, service dog, and value-related terms for enforcement and restitution purposes.
• Section 3: Harassment of a service dog after notice or by an uncontained dog is a Class C misdemeanor.
• Section 4: Injury to a service dog without justification is a Class B misdemeanor (reckless) or Class A misdemeanor (intentional).
• Section 5: Death or disability of a service dog is a felony (reckless: 1-2 years; intentional: 1-5 years).
• Section 6: Restitution required for damages, including medical costs, retraining, lost wages, and other economic losses; civil remedies remain available; restitution can be offset by civil damages; allows civil action in appropriate courts and may award costs and attorney fees.
• Section 7: Establishes effective date and notes that the bill falls under constitutional local-expenditure exceptions, avoiding the need for a 2/3 local-vote approval.
• Constitutional context: references Amendment 621 (Section 111.05) about local-funding rules and exemptions.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses