_________ Bill No. _______
Introduced By _______________________________________________________________________________
A Bill for an Act entitled: "An Act revising the offense of harming a police dog; revising the definition of "police dog"; and amending section
Be it enacted by the Legislature of the State of Montana:
Section 1. Section 45-8-209, MCA, is amended to read:
"45-8-209. Harming a police dog -- penalty. (1) A person commits the offense of harming a police dog if
he the person
purposely or knowingly shoots, kills, or otherwise injures a police dog being used by a law enforcement officer in
discharging or attempting to discharge any legal duty in a reasonable and proper manner.
(2) A person convicted of the offense of harming a police dog may be fined an amount not to exceed $5,000 or be imprisoned in the state prison for a term not to exceed 1 year, or both.
(3) As used in this section, the following definitions apply:
(a) "Law enforcement officer" means a person who is a peace officer as defined in 46-1-202.
(b) "Police dog" means a dog that is:
(i) used by a
law enforcement criminal justice agency, as defined in 7-32-201 44-5-103, in the exercise of its authority;
(ii) specifically trained for law enforcement work, including but not limited to detection by scent of a bomb, explosive, narcotic, accelerant, or missing or escaped person; and
(iii) owned, possessed, or under the control or supervision of a law enforcement officer or an authorized representative of a criminal justice agency."