                                 CODE OF VIRGINIA

VICIOUS DOGS; PENALTIES (§ 3.2-6540.1)

A. As used in this section:
			&#8220;Serious injury&#8221; means an injury having a reasonable potential to
cause death or any injury other than a sprain or strain, including serious
disfigurement, serious impairment of health, or serious impairment of bodily
function and requiring significant medical attention.
			&#8220;Vicious dog&#8221; means a canine or canine crossbreed that has (i)
killed a person, (ii) inflicted serious injury to a person, or (iii) continued
to exhibit the behavior that resulted in a previous finding by a court or, on or
before July 1, 2006, by an animal control officer as authorized by ordinance
that it is a dangerous dog, provided that its owner has been given notice of
that finding.

B. Any law-enforcement officer or animal control officer who (i) has reason to
believe that a canine or canine crossbreed is a vicious dog and (ii) is located
in the jurisdiction where the vicious dog resides or in the jurisdiction where a
vicious dog committed an act set forth in the definition shall apply to a
magistrate serving the jurisdiction for the issuance of a summons requiring the
owner or custodian, if known, to appear before a general district court at a
specified time. The summons shall advise the owner of the nature of the
proceeding and the matters at issue. If a law-enforcement officer successfully
makes an application for the issuance of a summons, he shall contact the local
animal control officer and inform him of the location of the dog and the
relevant facts pertaining to his belief that the dog is vicious. The animal
control officer shall confine the animal until such time as evidence shall be
heard and a verdict rendered. Unless good cause is determined by the court, the
evidentiary hearing shall be held not more than 30 days from the issuance of the
summons. The court, through its contempt powers, may compel the owner,
custodian, or harborer of the animal to produce the animal. If, after hearing
the evidence, the court finds that the animal is a vicious dog, the court shall
order the animal euthanized in accordance with the provisions of &#xA7;
3.2-6562. The court, upon finding the animal to be a vicious dog, may order the
owner, custodian, or harborer thereof to pay restitution for actual damages to
any person injured by the animal or to the estate of any person killed by the
animal. The court, in its discretion, may also order the owner to pay all
reasonable expenses incurred in caring and providing for such vicious dog from
the time the animal is taken into custody until such time as the animal is
disposed of. The procedure for appeal and trial shall be the same as provided by
law for misdemeanors, except that unless good cause is determined by the court,
an appeal shall be heard within 30 days. Trial by jury shall be as provided in
Article 4 (&#xA7; 19.2-260 et seq.) of Chapter 15 of Title 19.2. The
Commonwealth shall be required to prove its case beyond a reasonable doubt.

C. No canine or canine crossbreed shall be found to be a vicious dog solely
because it is a particular breed, nor is the ownership of a particular breed of
canine or canine crossbreed prohibited. No animal shall be found to be a vicious
dog if the threat, injury, or damage was sustained by a person who was (i)
committing, at the time, a crime upon the premises occupied by the
animal&#8217;s owner or custodian; (ii) committing, at the time, a willful
trespass upon the premises occupied by the animal&#8217;s owner or custodian; or
(iii) provoking, tormenting, or physically abusing the animal, or can be shown
to have repeatedly provoked, tormented, abused, or assaulted the animal at other
times. No police dog that was engaged in the performance of its duties as such
at the time of the acts complained of shall be found to be a vicious dog. No
animal that, at the time of the acts complained of, was responding to pain or
injury or was protecting itself, its kennel, its offspring, a person, or its
owner&#8217;s or custodian&#8217;s property, shall be found to be a vicious dog.

D. Any owner or custodian of a canine or canine crossbreed or other animal whose
willful act or omission in the care, control, or containment of a canine, canine
crossbreed, or other animal is so gross, wanton, and culpable as to show a
reckless disregard for human life and is the proximate cause of such dog or
other animal attacking and causing serious injury to any person is guilty of a
Class 6 felony. The provisions of this subsection shall not apply to any animal
that, at the time of the acts complained of, was responding to pain or injury or
was protecting itself, its kennel, its offspring, a person, or its owner&#8217;s
or custodian&#8217;s property, or when the animal is a police dog that is
engaged in the performance of its duties at the time of the attack.

E. The governing body of any locality may enact an ordinance parallel to this
statute regulating vicious dogs. No locality may impose a felony penalty for
violation of such ordinances.

HISTORY: 2013, cc. 58, 732; 2022, c. 614.