New law can send Alabama owners of vicious dogs to prison

Emily Mae Colvin, 24, was killed by dogs outside her home in Jackson County in December. (Gofundme)

Gov. Kay Ivey has signed into law a bill that imposes felony penalties on owners of dogs that seriously injure or kill a person in certain circumstances.

The new act is called Emily's Law in memory of Emily Colvin, 24, who was attacked and killed by dogs outside her home in Jackson County in December. Colvin's family came to the State House to help build support for the bill.

Colvin's death came barely a week after dogs attacked and killed Tracey Patterson Cornelius, 46, in Guntersville in November.

The bill was sponsored by Sen. Steve Livingston, R-Scottsboro and Reps. Nathaniel Ledbetter, R-Rainsville and Tommy Hanes, R-Scottsboro.

"For too long, no one has been held responsible for the actions of their animals and we have had Alabamians that have been severely injured or killed," Livingston said in a press release.

In addition to new penalties for owners of dogs that cause injuries, the law sets up a process for people to file a sworn statement that a dog is dangerous, prompting an investigation by an animal control or law enforcement officer.

If the investigator finds that the dog is dangerous, the dog will be impounded pending a decision by a municipal or district court.

If a court determines that a dog is dangerous and has seriously injured or killed a person, the dog will be euthanized.

If a court determines that a dog that has not seriously injured a person but is still dangerous, the court could order the dog to be euthanized or to be returned to its owner under strict conditions, including that the dog is microchipped, spayed or neutered and that the owner pay a $100 annual fee, post a $100,000 surety bond and keep the dog in a secure enclosure.

If a dog that has been previously declared dangerous kills or seriously injures a person, the owner could be charged with a Class B felony, punishable by 2 to 20 years in prison.

If a dog that has not been previously declared dangerous kills or seriously injures a person, and the owner knew the dog had a propensity to be dangerous and recklessly disregarded that, the owner could be charged with a Class C felony, punishable by 1 to 10 years.

Owners of dogs that cause less serious injuries could be charged with misdemeanors under the same circumstances.

The law does not single out any specific breeds.

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