S.F. No. 121 increases the criminal penalty for intentionally and without justification causing great bodily harm or substantial bodily harm to a public safety dog from a gross misdemeanor to a felony (stat max of two years imprisonment and/or $5,000 fine). (Leaves penalty for causing the death of the dog unchanged.) Makes it a gross misdemeanor to intentionally and without justification cause demonstrable bodily harm to a public safety dog. Makes it a misdemeanor to intentionally and without justification assault a public safety dog (this does not require that the dog suffer any level of harm). Both the gross misdemeanor for demonstrable bodily harm and the misdemeanor for assault without harm are new crimes.

The bill also requires a court to order a person convicted of violating any of the killing/harming of public safety dog provisions to pay restitution and describes what that restitution might include. No cap is placed on the amount of the restitution. Allows the court to reduce the amount of restitution to a reasonable level and order it paid in installments if the offender is indigent. This new restitution provision applies to any violation of the crime. Under current law, there is a restitution provision applicable only to the felony portion of the crime (causing death to the public safety dog). That restitution provision is capped at $5,000 and is permissive on the part of the court. If the court orders it, however, it must be in lieu of a criminal fine. (This “in lieu of” requirement is also stricken in the bill.)

KPB:ph