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Changes to Existing Law

SB81Clarify the prohibition on injuring or harassing a service animal.

1 section modified+476-70
View:

§ 40-1-38

Amended
+476-70
Section 40-1-38 — AMENDED
Harassment of service animal accompanying disabled person prohibited. 40-1-38. No person may maliciously beat, injure, attempt to injure, harass, intimidate, entice, distract, or otherwise interfere with any service animal accompanying a person with a disability if the service animal is being controlled by the person and the service animal is wearing a harness or other control device normally used for service animals accompanying or leading persons with disabilities. A violation of this section is a Class 2 misdemeanor. For purposes of this section, "service animal" means a dog that is trained to do work or perform tasks for the benefit of an individual with a disability, as set forth in C.F.R. § 36.104 (January 1, 2026), provided the work or tasks performed by the dog are directly related to the individual's disability. The crime deterrent effects of a dog's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks. 15