Hello all! First of all...for those of you who know that my mom is in law school and may wish for an interpretation or description of these laws in laymen's terms...Mom will not be able to help you. Since she is still a law student and not yet a lawyer, she is not allowed to answer your questions, and if she does she could get in BIG BIG trouble!
She can however, copy and paste these laws from the State website.
These laws came into effect on July 1st, 2007.
The fist law is amended from the original law and the second is NEW.
HOUSE ENROLLED ACT No. 1115
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AN ACT to amend the Indiana Code concerning agriculture and animals.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 15-5-12-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3. (a) An owner of a dog commits a Class C misdemeanor if the owner recklessly, knowingly, or intentionally fails to take reasonable steps to restrain the dog and:
(1) the dog enters property other than the property of the dog's owner; and
(2) as the result of the failure to restrain the dog, the dog bites or attacks another person resulting in unprovoked bodily injury to the other person;
except as provided in subsection (b).
(b) The offense under subsection (a) is:
(1) a Class B misdemeanor if the person has been convicted of one (1) previous unrelated violation of this section;
(2) a Class A misdemeanor if:
(A) the person has been convicted of more than one (1) previous unrelated violation of this section; or
(B) the violation results in serious bodily injury to a person;
(3) a Class D felony if the owner recklessly violates this section and the violation results in the death of a person; and
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(4) a Class C felony if the owner intentionally or knowingly violates this section and the violation results in the death of a person.
(c) This subsection does not apply to a nonaggressive dog that goes beyond the owner's premises onto agricultural or forested land. An owner of a dog commits a Class D infraction if the owner of the dog allows the dog to stray beyond the owner's premises, unless the dog is under the reasonable control of an individual or the dog is engaged in lawful hunting and accompanied by the owner or a custodian of the dog. However, the offense is a Class C infraction if the owner has a prior unrelated judgment for a violation of this subsection.
SECTION 2. IC 15-5-12-3.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3.5. (a) The following definitions apply throughout this section:
(1) "Coydog" means:
(A) an animal that is the offspring of a coyote and another animal; or
(B) an animal that is the offspring of:
(i) an animal that is the offspring of a coyote and another animal; and
(ii) another animal.
(2) "Secure enclosure" means an outdoor pen that is:
(A) roofed or that has sides at least six (6) feet tall; and
(B) constructed in such a manner that the type of animal contained within the pen cannot reasonably be expected to escape.
(3) "Wolf hybrid" means:
(A) an animal that is the offspring of a wolf and another animal; or
(B) an animal that is the offspring of:
(i) an animal that is the offspring of a wolf and another animal; and
(ii) another animal.
(b) An owner of a wolf hybrid or coydog commits a Class B infraction if the owner:
(1) fails to keep the animal in a building or secure enclosure; or
(2) does not keep the animal under the reasonable control of an individual on a leash not more than eight (8) feet in length.
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An owner who tethers or chains a coydog or wolf hybrid does not comply with this subsection.
(c) An owner of a wolf hybrid or coydog commits a Class B misdemeanor if the owner recklessly, knowingly, or intentionally fails to comply with subsection (b) and:
(1) the wolf hybrid or coydog enters property other than the property of the owner; and
(2) the wolf hybrid or coydog causes damage to livestock or the personal property of another individual.
(d) The offense under subsection (c) is:
(1) a Class A misdemeanor if the owner has one (1) prior unrelated conviction under this section;
(2) a Class D felony if:
(A) the owner has more than one (1) prior unrelated conviction for a violation under this section; or
(B) the person knowingly, intentionally, or recklessly fails to comply with subsection (b) and the failure to comply results in serious bodily injury to a person; and
(3) a Class C felony if the owner knowingly, intentionally, or recklessly fails to comply with subsection (b) and the failure to comply results in the death of a person.
(e) Notwithstanding IC 36-1-3-8(a), a unit (as defined in IC 36-1-2-23) may adopt an ordinance:
(1) prohibiting a person from possessing a wolf hybrid or coydog; or
(2) imposing:
(A) a penalty of more than one thousand dollars ($1,000) up to the limits prescribed in IC 36-1-3-
8(a)(10)(B) for violating the provisions of subsection (b); or
(B) conditions on the possession of a wolf hybrid or coydog that are more stringent than the provisions of subsection (b).
SECTION 3. [EFFECTIVE JULY 1, 2007] IC 15-5-12-3.5, as added by this act, applies only to crimes committed after June 30, 2007.
