Emily’s Law sets harsher penalties for owners of dangerous animals

A new law regarding punishment for owning dangerous pets came into effect June 1 for the entire state of Alabama.

Emily’s Law is named after 24-year-old Emily Colvin, who was one of two women killed by dog attacks in north Alabama last year that prompted the bill’s creation. The bill sets up a process for investigating claims of dangerous dogs and imposes felony penalties for anyone convicted of owning a dog that has seriously injured or killed a person.

Homewood Police Sgt. John Carr said Emily’s Law will not substantially affect the day-to-day job of Homewood’s animal control officer, Robbie Hurst. She will continue to investigate claims of dangerous animals when they are reported to the city.

When a vicious dog report is made, however, the case can be taken to Homewood Municipal Court, Carr said, to determine whether the dog is officially deemed “dangerous.” If so, Emily’s Law allows the court to choose to euthanize the dog or return it to the owner under the conditions that the pet is microchipped, spayed or neutered, kept in a secure enclosure and the owner pays certain fees or surety bonds.

A dog would not be declared dangerous if it is acting in self-defense or defense of its owner, or if the person injured was trespassing when the incident occurred.

Once a dog has been deemed dangerous, if it escapes and attacks another person it will be euthanized and the owner will be charged with a Class B felony, Carr said. This comes with a penalty of two to 20 years in jail and up to $30,000 in fines. If a dog attacks someone but has not been deemed dangerous in the past, the owner can still be charged with a Class C felony.

“Fortunately for us this is not a huge issue in Homewood,” Carr said, noting there have not been recent dog attacks in the city. From October 2014 to August 2015, there were five attacks on humans and three attacks on pets, resulting in injuries to residents and one responding police officer. Those incidents prompted citywide discussion of prevention and penalties at the time.

“We want to encourage owners to be responsible with pets,” Carr said. He added it was unfortunate that the bill’s passage in the state Legislature was prompted by a woman’s death.