Amends TCA Title 29; Title 39 and Title 44.

Under present law, the owner of a dog commits an offense if that dog goes uncontrolled by the owner upon the premises of another without the consent of the owner of the premises or other person authorized to give consent, or goes uncontrolled by the owner upon a highway, public road, street or any other place open to the public generally. However, it is an exception to the offense if: (1) The dog was on a hunt or chase; (2) The dog was on the way to or from a hunt or chase; (3) The dog was guarding or driving stock or on the way to guard or drive stock; (4) The dog was being moved from one place to another by the owner of the dog; (5) The dog is a police or military dog, the injury occurred during the course of the dog's official duties and the person injured was a party to, a participant in or suspected of being a party to or participant in the act or conduct that prompted the police or military to utilize the services of the dog; (6) The violation occurred while the injured person was on the private property of the dog's owner with the intent to engage in unlawful activity while on the property; (7) The violation occurred while the dog was protecting the dog's owner or other innocent party from attack by the injured person or an animal owned by the injured person; (8) The violation occurred while the dog was securely confined in a kennel, crate or other enclosure; or (9) The violation occurred as a result of the injured person disturbing, harassing, assaulting or otherwise provoking the dog. However, the exceptions in (1)-(4) do not apply unless the owner in violation pays for all damages caused by the dog to the injured party within 30 days of the damage being caused. Additionally, it is not a defense to prosecution for a violation and punishment that the dog owner exercised reasonable care in attempting to confine or control the dog. However, it is an affirmative defense to prosecution for a violation and punishment that the dog owner exercised reasonable care in attempting to confine or control the dog. A violation is generally a Class C misdemeanor, punishable by fine only. However, the violation is a Class B misdemeanor, punishable by fine only, if the dog running at large causes damage to the property of another; a Class A misdemeanor, punishable by fine only, if the dog running at large causes bodily injury to another; a Class E felony if the dog running at large causes serious bodily injury to another; and a Class D felony if the dog running at large causes the death of another. Additionally, different offense classifications apply if the violation involves a dog that was trained to fight, attack, or kill or had been used to fight, or the owner knew of the dangerous nature of the dog and, prior to the violation, the dog had bitten one or more people that resulted in serious bodily injury or death. In these situations, violations are as follows: (1) A Class C misdemeanor if the dog running at large does not cause property damage, injury or death; (2) A Class A misdemeanor if the dog running at large causes damage to the property of another; (3) A Class E felony if the dog running at large causes bodily injury to another; (4) A Class D felony if the dog running at large causes serious bodily injury to another; and (5) A Class C felony if the dog running at large causes the death of another. Present law also authorizes a local government to, by resolution or ordinance, as applicable, authorize an animal control agency to seize and take into custody any dog found trespassing on the premises of another. This bill adds that, in addition to the other penalties provided above, a person convicted of a violation in which the dog running at large causes bodily injury, serious bodily injury, death of another, or damage to the property of another must be ordered by the court to make full restitution for all damages that arise out of or are related to the offense, including incidental and consequential damages incurred by the person or property owner. This bill clarifies that the requirement of an offender paying restitution does not prohibit a person who is bodily injured, seriously, bodily injured, killed, or a person whose property is damaged by a dog running at large form pursuing other civil remedies provided by law.