HB 796 amends Title 30 and Title 16 of the O.C.G.A. respectively in regard to handicapped persons and to criminal offenses relative to dangerous instrumentalities and practices generally.

      The bill asserts the right for both the physically or mentally impaired individual as well as the individual responsible for training the service animal to be accompanied by such animal in public spaces. The word “accredited” is removed in relation to the school at which the service animal received its training.

      The bill additionally grants The Department of Human Services the ability to authorize private service organizations to produce information cards for both physically or mentally impaired persons and for persons responsible for training such service animals. Such cards delineate the identity of the individual in possession of the card as well as the penalties associated with denial and interference in such individuals’ rights. 

Offenses which carry a misdemeanor charge include the knowing and intentional harassment of a service animal after receipt of notice of such harassment; and any person who permits his or her dog to harass a service animal. Offenses which carry a high and aggravated misdemeanor charge include the knowing and willful misrepresentation of oneself as qualified to use or train a service animal to obtain rights or services; the subsequent or second instance in which an individual knowingly and intentionally harasses a service animal; the subsequent or second instance in which an individual knowingly and intentionally permits his or her dog to harass a service animal; and the knowing and intentional allowance of one’s dog to cause death or physical harm to a service animal. Offenses which carry a felony charge include the knowing and intentional destruction or infliction of physical harm of a service animal, knowing such animal to be a service animal, though the bill includes stipulations in which this charge does not apply.