§ 13A-11-235 — Restitution; Remedies

Alabama § 13A-11-235

• Jurisdiction: Alabama
• Title 13A: Criminal Code
• Ch. 11: Offenses Against Public Order and Safety
• Art. 10A: Service Dogs

Text

(a) A person convicted of a violation of this article shall be ordered to make full restitution for damages, including incidental and consequential expenses, incurred by the service dog and its user, which arise out of or are related to the violation.
(b) Restitution for a conviction under this article includes, but is not limited to, any of the following:
(1) The medical expenses of the service dog and its user, and the value of the service dog to its user for the period in which the dog is unable to perform its duties due to injuries suffered as a proximate cause of the violation, or if the violation resulted in the death or permanent disability of the service dog, the value of the service dog to its user.
(2) The cost of any retraining of the service dog needed as a result of the violation.
(3) Compensation for wages or earned income lost by the service dog user as a proximate cause of the violation.
(4) Any other economic loss suffered by the service dog user as a proximate result of the violation.
(c) This section does not affect the civil remedy that is available for violations of this article. Restitution paid pursuant to this article shall be set off against damages awarded in a civil action arising out of the same conduct that resulted in the restitution payment.
(d) The user of a service dog may bring a civil cause of action for violation of any of this article in a court of competent jurisdiction in the county where the service animal user resides or where the violation occurred.
(e) In any civil action brought under this article, the court may award costs and reasonable attorney fees to the prevailing party.

Legislative History

(Act 2016-132, §6.)