Second Regular Session H.B. 2323
SENATE AMENDMENTS TO H.B. 2323
(Reference to House engrossed bill)
Page 1, between lines 1 and 2, insert:
"Section 1. Section 11-1025, Arizona Revised Statutes, is amended to read:
11-1025. Liability for dog bites; military and police work
A. The owner of a dog which that bites a person when the person is in or on a public place or lawfully in or on a private place, including the property of the owner of the dog, is liable for damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner's knowledge of its viciousness. The breed of a dog may not be considered in findings of facts or conclusions of law entered by a court, administrative law judge, hearing officer, arbitrator or other legal decision-maker regarding whether a dog is aggressive or vicious or has created liability.
B. Nothing in This section or in and section 11-1020 shall permit do not allow the bringing of an action for damages against any governmental agency using a dog in military or police work if the bite occurred while the dog was defending itself from a harassing or provoking act, or assisting an employee of the agency in any of the following:
1. In the apprehension Apprehending or holding of a suspect where if the employee has had a reasonable suspicion of the suspect's involvement in criminal activity.
2. In the investigation of Investigating a crime or possible crime.
3. In the execution of Executing a warrant.
4. In the defense of Defending a peace officer or another person.
C. Subsection B of this section shall does not apply in any case where in which the victim of the bite was not a party to, nor a participant in, nor suspected to be a party to or a participant in, the act that prompted the use of the dog in the military or police work.
D. Subsection B of this section shall apply applies only where if a governmental agency using a dog in military or police work has adopted a written policy on the necessary and appropriate use of a dog for the police or military work enumerated in subsection B of this section."
Renumber to conform
Line 6, after "not" insert "solely"
Strike lines 14 through 18
Strike lines 20 through 22
Renumber to conform
Strike lines 27 through 34, insert:
"Sec. 3. Applicability
This act applies to new policies of insurance and renewed policies of insurance issued from and after June 30, 2023."
Amend title to conform