§ 20-14-304. Right to be accompanied by service animal — Penalty and restitution for killing or injuring a service animal or search and rescue dog — Definition

(a) Every individual with visual, hearing, or other disabilities has the right to be accompanied by a service animal especially trained to do work or to perform tasks for the benefit of an individual with a disability in or upon any and all public ways, public places, and other public accommodations and housing accommodations prescribed in § 20-14-303 and to be accompanied by a service dog as defined in Title II and Title III of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as it existed on January 1, 2017, and shall not be required to pay any extra fee or charge for the service animal.

(b) However, any individual with visual, hearing, or other physical disabilities accompanied by a service animal in any public way, public place, public accommodation, or housing accommodation shall be liable for any damage caused to the premises or facilities by the animal.

(c) As used in this section, “search and rescue dog” means any dog:

1. (1) In training for or trained for the purpose of search and rescue;

2. (2) Owned by an independent handler or a member of a search and rescue team; and

3. (3) Used in conjunction with local law enforcement or emergency services organizations for the purpose of locating missing persons or evidence of arson.

(d) Any person who without just cause purposely kills or injures any service animal described in this section or any search and rescue dog is guilty of a Class D felony.

(e) Any person who kills or injures any service animal described in this section or any search and rescue dog shall make restitution to the owner of the animal.