WHEREAS, in recent months the State of Delaware and other States across the Nation have experienced tragic incidents in which innocent citizens have been attacked and killed or seriously injured by vicious animals, including pit bulls and other dangerous fighting dogs; and

WHEREAS, vicious and dangerous animals present a clear and present danger to the health and welfare of the citizens of the State of Delaware; and

WHEREAS, owners and custodians of vicious and dangerous animals who do not act responsibly in the custody and control of these animals should be held criminally accountable for the acts of these animals.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend § 1730(3) of Title 7 of the Delaware Code by striking said Section in its entirety, and by substituting in lieu thereof the following:

1. any dog declared to be dangerous by the Panel pursuant to § 1735 of this Title or any potentially dangerous dog kept or maintained in violation of § 1736(b) of this Title;
2. any dog that has been trained for animal fighting, or that has been used primarily or occasionally for animal fighting;
3. any dog that has been intentionally trained so as to increase its viciousness, dangerousness or potential for unprovoked attacks upon human beings or other animals, excepting dogs owned or used by any law enforcement agency or any person, company, agency entity licensed pursuant to Chapter 13 of Title 24 of the Delaware Code; or
4. any pit bull dog, any wolf-dog mixture, and the breeds of Rottweiler, Japanese Tosa, Fila Brasilerio, or Presa Canario.".

Section 2. Amend § 1730 of Title 7 of the Delaware Code by adding a new "Subsection (12)" thereto, to read as follows:

1. substantially conform to the applicable standards established by the American Kennel Club for American Staffordshire Terriers or Staffordshire Bull Terriers; or
2. substantially conform to the standards established by the United Kennel Club for American Pit Bull Terriers.

(b) ‘Rottweiler’, ‘Japanese Tosa’, ‘Fila Brasilerio’, and ‘Presa Canario’ as used within this Section shall refer to any dog which exhibits those distinguishing characteristics which substantially conform to the applicable standards established by the American Kennel Club or United Kennel Club for those breeds.

(c) ‘Wolf-dog mixture’ shall refer to any dog or canid that results from the breeding of a wolf with a dog, a wolf-dog mixture with a dog, a wolf-dog mixture with a wolf, or a wolf-dog mixture with a wolf-dog mixture.

(d) Technical deficiencies in the dogs' conformance to the standards described in Paragraphs (a), (b) and (c) of this Subsection shall not be construed to indicate that the subject dog is not subject to the provisions of this Subchapter.

(e) Testimony by a veterinarian, zoologist, animal behaviorist, or animal control officer that a particular dog exhibits distinguishing physical characteristics of a pit bull, Rottweiler, Japanese Tosa, Fila Brasilerio, Presa Canario or wolf-dog mixture shall establish a permissible inference that the subject dog is of that breed.

(f) Evidence that the owner or custodian of a particular dog has publicly acknowledged that it is a pit bull, Rottweiler, Japanese Tosa, Fila Brasilerio, Presa Canario or wolf-dog mixture shall establish a permissible inference that the subject dog is of that breed.".

Section 3. Amend § 1735(a) of Title 7 of the Delaware Code by striking the word "or" as it appears at the end of "Paragraph (1)" of said subsection, and by adding three new paragraphs to said subsection to be designated as Subsections "(3)", "(4)" and "(5)" to read as follows:

"(3) has been trained for animal fighting, or has been used primarily or occasionally for animal fighting; or

(4) has been intentionally trained so as to increase its viciousness, dangerousness or potential for unprovoked attacks upon human beings or other animals, except that this paragraph shall not apply to dogs owned or used by any law enforcement agency or any person, company, agency entity licensed pursuant to Chapter 13 of Title 24 of the Delaware Code; or

(5) has an individualized and known propensity, tendency or disposition for viciousness, dangerousness or unprovoked attacks upon human beings or other animals, except that this paragraph shall not apply to dogs owned or used by any law enforcement agency or any person, company, agency entity licensed pursuant to Chapter 13 of Title 24 of the Delaware Code.".

Section 4. Amend § 1735(b) of Title 7 of the Delaware Code by striking the phrase "If the Panel declares a dog to be dangerous, it shall be unlawful for any person to keep or maintain such dog unless:" as it appears in the first sentence of said subsection, and by inserting in lieu thereof the phrase "It shall be unlawful for any person to own, keep or maintain a dangerous dog unless:".

Section 5. Amend § 1735(b)(1) of Title 7 of the Delaware Code by striking the phrase "or neutered;" as it appears therein, and by substituting in lieu thereof the phrase "or neutered within 6 months of its birth, unless such dog was born prior to the effective date of this Act, in which case such dog shall be spayed or neutered within six months of the effective date of this Act;".

Section 6. Amend § 1735(b)(4) and § 1736(b)(2) of Title 7 of the Delaware Code by striking the word "and" as it appears at the end of said paragraphs.

Section 7. Amend § 1735(b)(5) of Title 7 of the Delaware Code by striking the phrase "or dies." at the end of said paragraph, and by substituting in lieu thereof the phrase "or dies;".

Section 8. Amend § 1735(b) of Title 7 of the Delaware Code by adding three new paragraphs thereto to be designated as Paragraphs "(6)" and "(7)" to read as follows:

"(6) The owner or custodian of the dog has a copy of the dog’s registration in his or her possession whenever the dog is off the owner or custodian’s property; and

(7) The dog owner annually registers the animal with the Delaware Society for the Prevention of Cruelty to Animals (for residents of New Castle and Sussex Counties) or the Kent County Society for the Prevention of Cruelty to Animals (for residents of Kent County). The following information shall be provided at the time of registration:

(i) the name, address and telephone number of the dog's owner, and the address where the dog is kept, maintained or harbored (if different from the owner's address);

(ii) a description of the dog including its sex, color and any other distinguishing physical characteristics, and a color photograph of the dog;

3. a description of the method of compliance with the confinement requirements set forth in this Section;
4. written proof of the liability insurance required by this Section, and written proof from a licensed vet or appropriate agency of the spaying or neutering required by this Section; and

Section 9. Amend § 1735(c) of Title 7 of the Delaware Code by striking said subsection in its entirety, and by substituting in lieu thereof the following:

Section 10. Amend § 1735 of Title 7 of the Delaware Code by adding three new subsections to said Section to be designated as Subsections "(d)", "(e)", and "(f)" to read as follows:

Section 11. Amend § 1735(b)(3) and 1736(b)(3), Title 7 of the Delaware Code, by striking the phrase "substantial chain or leash" as it appears therein and by substituting in lieu thereof the phrase "substantial chain or leash sufficient to secure and properly restrain the animal".

Section 12. Amend § 1736(b), Title 7 of the Delaware Code, by adding a new "Paragraph 4" thereto, to read as follows:

Section 13. Amend § 1736, Title 7 of the Delaware Code, by adding thereto a new "Subsection d" thereto, to read as follows:

Section 14. Amend Title 7 of the Delaware Code by striking § 1739 thereof in its entirety and by substituting in lieu thereof the following:

"§ 1739. Violations by owners of dangerous or potentially dangerous dogs; penalties.

1. Any fine imposed for a violation of this subchapter shall not be suspended to any amount less than the minimum prescribed fine.

Section 15. Amend §1740 of Chapter 17, Title 7 of the Delaware Code by redesignating said Section as "§ 1742", and by adding a new "§ 1740" to Subchapter III of Chapter 17 of Title 7, to read as follows:

Section 16. Amend Title 7 of the Delaware Code by adding a new "Section 1741" to Subchapter III of Chapter 17 of Title 7, to read as follows:

Section 17. Amend § 1326(a) of Title 11 of the Delaware Code by inserting between the phrases "possesses, keeps" and "or uses any bull, bear, dog" as they appear in said subsection the following:

Section 18. Amend § 1327 of the Title 11 of the Delaware Code by redesignating said Section as "§ 1330", and by adding a new "§ 1327" to said Title, to read as follows:

1. A person is guilty of maintaining a dangerous animal when such person knowingly or recklessly owns, controls or has custody over any dangerous animal which causes death, serious physical injury or physical injury to another person, or which causes death or serious injury to another animal.
2. For the purposes of this Section, ‘dangerous animal’ means any dog or other animal which:

1. had been declared dangerous or potentially dangerous by the Dog Control Panel pursuant to Subchapter III of Chapter 17 of Title 7 of the Delaware Code;
2. had been trained for animal fighting, or that has been used primarily or occasionally for animal fighting; or
3. had been intentionally trained so as to increase its viciousness, dangerousness or potential for unprovoked attacks upon human beings or other animals; or
4. has an individualized and known propensity, tendency or disposition for viciousness, dangerousness or unprovoked attacks upon human beings or other animals.

1. When a dangerous animal causes the death of a person, maintaining a dangerous animal is a class E felony;
2. When a dangerous animal causes serious physical injury to a person, maintaining a dangerous animal is a class F felony;
3. When a dangerous animal causes physical injury to a person, or when a dangerous animal causes death or physical injury to another animal, maintaining a dangerous animal is a class A misdemeanor.