SB 385 — Amend Dangerous Dog Statutes (Dangerous/Potentially Dangerous Dog Designation)
Status: Passed 1st Reading (introduced Feb 14, 2025). Enacted; effective Oct 1, 2025.
Summary
SB 385 creates a statutory process by which an owner of a dog previously designated a “potentially dangerous dog” may request that the designation be set aside. The bill adds a new subsection to G.S. 67‑4.1 establishing application, evaluation, decision criteria, and limits on appeals and liability for local animal control authorities.
Purpose / Intent
To provide a standardized, evidence‑based pathway for owners to seek removal of a “potentially dangerous” designation after a period of time, balancing public safety with the possibility that a dog’s behavior or circumstances have changed.
Key provisions
- Eligibility timing: An owner may apply for set‑aside at any time more than 18 months after the date of the original “potentially dangerous” determination.
- Application and assessment:
- The owner must submit an application on a form provided by the local authority (county or municipal animal control).
- The application must include an assessment completed by a person approved by the authority and accredited by the Certification Council for Professional Dog Trainers or another accrediting body the authority recognizes.
- Assessment must evaluate the behavior underpinning the original designation and the owner’s/keeper’s ability to manage the dog.
- Discretionary fee: The authority may charge a fee to cover costs of processing and review.
- Factors for decision: The authority must consider the assessment results, the nature of the original behaviors, management/care since designation, and any behavioral changes due to age, training, environment, or other relevant factors.
- Decision and notice:
- The authority may revoke (set aside) the designation if it determines the dog is no longer potentially dangerous.
- The authority must issue written findings explaining its decision. If denied, the notice must state when the owner may next reapply.
- Finality and liability:
- The authority’s decision (to set aside or not) is final and is explicitly not subject to administrative or judicial appeal.
- Municipalities, counties, and their employees/officers are shielded from liability for decisions made under this subsection.
Who is affected
- Dog owners/keepers of animals currently labeled “potentially dangerous” (they gain a formal path to request removal).
- Local animal control authorities — responsible for administering applications, approving assessors, reviewing assessments, making determinations, and may collect fees.
- Accredited behavior assessors/trainers — will perform required evaluations.
- Public safety stakeholders — determinations affect whether restrictions tied to a designation remain in force.
Procedural/timeline notes
- Owner may apply any time after the 18‑month waiting period.
- Authority sets procedures for application forms, assessor approval, fees, and reapplication intervals (when denial occurs).
- The statute became effective Oct 1, 2025 (per bill language).
Potential impacts and considerations
- Provides a rehabilitation/second‑chance mechanism for dogs and owners who have addressed the underlying issues.
- Adds administrative duties and potential modest revenue (fees) to local authorities.
- Requirement for accredited assessments creates costs for owners (assessment fees) but ensures professional evaluation.
- The finality/no‑appeal provision gives local authorities decisive discretion but removes judicial review, which may be controversial in contested cases.
- Liability protection encourages authorities to make determinations without fear of civil suit but reduces oversight avenues for owners or third parties.
