Effective - 12 Jul 2005
209.202. Crime of causing substantial injury to or the death of a service dog, penalty — failure to control an animal that causes substantial injury to or the death of a service dog, penalty — harassment of a service dog, penalty — damages. — 1. Any person who knowingly, intentionally, or recklessly causes substantial physical injury to or the death of a service dog is guilty of a class A misdemeanor. The provisions of this subsection shall not apply to the destruction of a service dog for humane purposes.
2. Any person who knowingly or intentionally fails to exercise sufficient control over an animal such person owns, keeps, harbors, or exercises control over to prevent the animal from causing the substantial physical injury to or death of a service dog, or the subsequent inability to function as a service dog as a result of the animal's attacking, chasing, or harassing the service dog is guilty of a class A misdemeanor.
3. Any person who harasses or chases a dog known to such person to be a service dog is guilty of a class B misdemeanor.
4. Any person who owns, keeps, harbors, or exercises control over an animal and who knowingly or intentionally fails to exercise sufficient control over the animal to prevent such animal from chasing or harassing a service dog while such dog is carrying out the dog's function as a service dog, to the extent that the animal temporarily interferes with the service dog's ability to carry out the dog's function is guilty of a class B misdemeanor.
5. An owner of a service dog or a person with a disability who uses a service dog may file a cause of action to recover civil damages against any person who:
(1) Violates the provisions of subsection 1 or 2 of this section; or
(2) Steals a service dog resulting in the loss of the services of the service dog.
6. Any civil damages awarded under subsection 5 of this section shall be based on the following:
(1) The replacement value of an equally trained service dog, without any differentiation for the age or experience of the service dog;
(2) The cost and expenses incurred by the owner of a service dog or the person with a disability who used the service dog, including:
(a) The cost of temporary replacement services, whether provided by another service dog or by a person;
(b) The reasonable costs incurred in efforts to recover a stolen service dog; and
(c) Court costs and attorney's fees incurred in bringing a civil action under subsection 5 of this section.
7. An owner of a service dog or a person with a disability who uses a service dog may file a cause of action to recover civil damages against a person who:
(1) Violates the provisions of subsections 1 to 4 of this section resulting in injury from which the service dog recovers to an extent that the dog is able to function as a service dog for the person with a disability; or
(2) Steals a service dog and the service dog is recovered resulting in the service dog being able to function as a service dog for the person with a disability.
8. Any civil damages awarded under subsection 7 of this section shall be based on the following:
(1) Veterinary medical expenses;
(2) Retraining expenses;
(3) The cost of temporary replacement services, whether provided by another service dog or by a person;
(4) Reasonable costs incurred in the recovery of the service dog; and
(5) Court costs and attorney's fees incurred in bringing the civil action under subsection 7 of this section.
9. The provisions of this section shall not apply if a person with a disability, an owner, or a person having custody or supervision of a service dog commits criminal or civil trespass.
10. Nothing in this section shall be construed to preclude any other remedies available at law.
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(L. 2005 H.B. 116)
Effective 7-12-05
Structure Missouri Revised Statutes
Title XII - Public Health and Welfare
Section 209.010 - Division to aid blind persons.
Section 209.020 - Division may receive and expend donations and bequests.
Section 209.035 - Proceeds from involuntary conversion, how treated — receipt defined.
Section 209.050 - Persons refusing work ineligible for pensions — names may be stricken from roll.
Section 209.060 - Application for pension — payment begins, when — misrepresentation, penalty.
Section 209.070 - Division to prepare suitable blank application forms.
Section 209.080 - Division to make regulations relative to examination of applicants for pensions.
Section 209.090 - Division to prepare roll of pensioners — to distribute pensions.
Section 209.100 - Division to keep blind pension roll.
Section 209.110 - Person aggrieved may appeal.
Section 209.130 - Rate of tax to be levied.
Section 209.140 - Persons violating provisions of law guilty of misdemeanor.
Section 209.170 - October fifteenth to be white cane safety day, governor to note.
Section 209.200 - Definitions.
Section 209.240 - Amount of pension — need, how determined.
Section 209.251 - Definitions.
Section 209.261 - Definitions.
Section 209.265 - No disclosure of conversation without permission — penalty.
Section 209.285 - Definitions.
Section 209.289 - Coordinator to be hired, qualifications, salary and expenses.
Section 209.295 - Rules and regulations, authority to promulgate, duties of commission.
Section 209.299 - Evaluations to be held where and when — coordinator to notify applicants of score.
Section 209.302 - Eligibility for evaluation.
Section 209.305 - Evaluations, subjects to be covered — confidentiality of tests and records.
Section 209.307 - Conflict of interest for board or evaluation team, effect.
Section 209.311 - Fees, how established.
Section 209.314 - Grievances on evaluation, procedure.
Section 209.317 - Certificate may be suspended, denied or revoked — hearing procedure.
Section 209.322 - Certificates recognized by the board.
Section 209.331 - Procedure to adopt rules.
Section 209.337 - Violations, penalty — injunction granted when — venue.
Section 209.600 - Definitions.
Section 209.610 - Agreements, terms and conditions — contribution limits.
Section 209.615 - Deposit and investment of moneys.
Section 209.620 - Cancellation of participation agreement, penalty.
Section 209.625 - Assets exempt from taxation.
Section 209.630 - Assets used for ABLE program purposes only.
Section 209.635 - Rulemaking authority.
Section 209.640 - State treasurer's office, semiannual review.
Section 209.645 - ABLE account moneys not part of total state revenues.