What Is the Dangerous Dog Procedure Act?

Posted on March 26, 2025

Alabama’s Dangerous Dog Procedure Act—commonly known as Emily’s Law—lays out a formal legal process to classify a dog as “dangerous” and impose penalties on owners whose dogs pose a threat to public safety. This law ensures that serious incidents involving aggressive dogs are handled consistently and effectively across the state.

Let’s dive deeper into the background, how the law works, and what it means for dog owners and victims.

The Story Behind Emily’s Law

Emily’s Law was passed in 2018 in memory of Emily Colvin, a woman from Jackson County, Alabama, who tragically lost her life in a dog attack involving several dogs near her home. The incident shocked the community and highlighted the urgent need for a statewide system to deal with dangerous dogs—particularly in counties that previously lacked such legal frameworks.

Governor Kay Ivey signed the bill into law on March 8, 2018, and it officially went into effect on June 1, 2018. Before this legislation, only select cities and counties in Alabama had ordinances for handling aggressive dogs. Emily’s Law provided a uniform state-level solution, ensuring that every jurisdiction had tools to respond to serious dog-related incidents.

Step-by-Step Breakdown of the Dangerous Dog Procedure

Emily’s Law outlines a clear and structured process for investigating and determining whether a dog is dangerous:

1. Filing a Sworn Statement

The process begins when an individual files a sworn affidavit with a city magistrate or sheriff. This statement must:

Identify the dog in question (if possible),
Name the owner (if known),
Include evidence or detailed claims of aggressive behavior or injury caused by the dog.

This sworn complaint is what triggers the formal legal review process.

2. Investigation by Authorities

Once a sworn complaint is received:

An animal control officer or law enforcement official is assigned to investigate the situation.
If the case involves serious physical injury or death, it must be handled by a law enforcement agency, not just animal control.
Investigators may collect witness statements, review medical records, and observe the dog’s behavior.

Their findings determine whether a court petition should be filed.

3. Court Hearing and Determination

If the evidence suggests that the dog poses a public threat, a petition is filed in municipal or district court, and a hearing is scheduled.

During the hearing:

Both the pet owner and the complainant can present evidence and testimony.
The judge decides whether the dog meets the legal definition of “dangerous.”

This is a critical step, as it legally designates the dog and initiates consequences if the claim is upheld.

Legal Outcomes: What Happens If a Dog Is Deemed Dangerous?

Once a dog is officially labeled “dangerous,” there are two potential paths, depending on the severity of the incident.

A. If the Dog Caused Serious Injury or Death

If a judge determines that the dog inflicted serious physical harm or killed someone, the dog must be humanely euthanized. This is a mandatory provision under the law—no exceptions are allowed if the injury meets the legal threshold.

B. If the Dog Did Not Cause Serious Injury but Is Still Dangerous

In cases where the dog has a history of aggression but hasn’t caused serious injury or death:

The court assesses whether the dog is likely to cause harm in the future.
If it’s found to have a “propensity to cause future harm,” the court can either:
- Order euthanasia, or
- Allow the owner to keep the dog under strict safety conditions.

Owner Obligations and Safety Requirements

If the court allows a dangerous dog to remain with its owner, several strict conditions must be met to protect the public:

Microchipping – The dog must be permanently identified.
Spaying or Neutering – To prevent breeding and reduce aggression.
Secure Enclosure – The dog must be confined in a locked structure with:
- Solid walls,
- A secure top and floor,
- Warning signs like “Dangerous Dog – No Trespassing.”
Insurance or Bond – Owners must carry a $100,000 surety bond or liability insurance to cover potential attacks.
Annual Registration – A $100 annual fee must be paid for maintaining the dog’s dangerous status.
No Public Access – The dog can only be in public if muzzled and on a strong leash held by an adult.

Failure to comply with these conditions can result in removal of the dog and criminal charges.

Legal Penalties for Owners of Dangerous Dogs

Emily’s Law also outlines criminal consequences for owners based on the severity of any resulting attack:

Class B Felony – If a declared dangerous dog kills or seriously injures someone.
Class C Felony – If an undeclared dog causes a similar injury and the owner knew the dog was dangerous but failed to act.
Class A Misdemeanor – If a declared dangerous dog causes non-life-threatening injuries.
Class B Misdemeanor – If a non-declared dog causes injury and the owner knowingly failed to prevent it.

These penalties ensure that owners are held accountable for neglecting to restrain or report aggressive pets.

Why This Law Matters to You

Whether you’re a dog owner, a victim of a dog attack, or simply a concerned citizen, understanding Emily’s Law is essential.

It emphasizes:

Public protection from aggressive animals,
Accountability for negligent owners,
And standard procedures for investigating and responding to incidents statewide.

If you’ve been affected by a dog attack or need help understanding your responsibilities as a dog owner, legal guidance can make all the difference.

How Drake Injury Lawyers Can Help

At Drake Injury Lawyers, we specialize in representing victims of dog bites and attacks. Our Birmingham dog bite lawyers understands the physical, emotional, and financial toll these incidents can take—and we’re here to help you pursue justice with clarity and compassion.

If you or a loved one has been injured in a dog attack—or if you’re a pet owner unsure of your legal responsibilities—reach out to Drake Injury Lawyers for a free consultation.

Your safety and peace of mind are our priority.