Tulsa World weighs in...
http://www.tulsaworld.com/opinion/article.aspx?articleID=070719_7_A16_hFirs83086By World's Editorial Writers
7/19/2007
First-bite law could bite dog owners Oklahoma, seemingly the land of lots of vicious dogs, has chased its tail for years over what to do to dog owners who don't control their animals. Now, Rep. Paul Wesselhoft, R-Moore, is suggesting that dog owners could be charged with a felony the first time their animal attacks someone.
"First-bite" legislation could result in a felony charge against the owners of dogs that seriously maul, maim or kill on the first attack. Oklahoma has experienced an epidemic of serious dog attacks in recent years, particularly from pit bull terriers. But prosecutors have operated under the "first bite is free" rule, with dog owners rarely facing charges on the first incident.
His proposed law, which would be introduced next legislative session, "marks a paradigm shift, a dramatic change, in canine jurisprudence," said Wesselhoft, who has filed bills in the past to ban pit bulls and other dangerous dogs. Those measures failed. His latest proposal is not breed specific.
Convictions would be punishable by a mandatory year in prison, but fatal attacks could lead to longer sentences. Offenses would also carry fines of $10,000. Wesselhoft said safeguards in the bill would assure that "little Fluffy and Fido don't get on the 'doggy's most wanted list' for something as innocent as an errant nip or a playful bite."
Wesselhoft's bill would only apply to attacks outside the pet owner's property that cause serious injury. Negligence or prior knowledge of aggression would also result in charges. Wesselhoft contends that he doesn't want to criminalize every dog bite and only wants to address truly dangerous animals "that people have failed to take responsibility for that are wreaking havoc throughout our state."
Anecdotal evidence strongly suggests that some breeds tend to be more unpredictable than others. While owners of these dogs may experience only gentle behavior from their pets, they should not discount instinct or what a dog will do when threatened. Under the right circumstances, any dog can bite at any time.
Dog-bite legislation is tricky business. Oklahoma may not need a new law to address this problem. Do we really want to start locking up people for first-bite offenses? A steep fine, with wages garnisheed?(cq), would seem a more reasonable and productive approach.
