If a dog attacks and injures a person in Nebraska, some dog owners could face a felony instead of a misdemeanor. That is the intent of LB 494, proposed by Senator Beau McCoy of Omaha.

Under LB 494, an owner could be charged with a felony in cases where a dog previously classified as "dangerous" by the animal control violently attacks and injures a person. The felony charge carries a maximum penalty of five years behind bars. According to current statute, a specific dog can be labeled "dangerous", if it has killed a human being; injured a person enough that the person required medical attention; killed a domestic animal without being provoked, or if it has previously been classified as "potentially dangerous" by the animal control.

According to figures from the animal control, there are two dozen dogs in Lincoln that were labeled "dangerous" in 2008. The breed of these "dangerous" dog range from a rat terrier to a Labrador.

Among those who testified in support of the bill was Omaha resident Wendy Blevins. Blevins testified that she and her 16 month old daughter were attacked last June by a pit bull.

"Mentally and emotionally I am plagued with the fact that I could have lost my daughter. The attack plays over and over in my mind and I see the images of my daughter's scalp being ripped off," said Blevins.

Senator McCoy says the bill is not only intended to punish dangerous dog owners.

"LB 494 will be a strong tool to help committees impose penalties which would significantly improve public safety," said McCoy.

During his testimony, McCoy cited many examples of violent dog attacks.

"Over the weekend this issue became very personal for my family, as well as for families across district 39 when less than a mile from my home 48 year old Lorri Ellis of Omaha was attacked by what this bill defines as a dangerous dog," said McCoy.

However, Senator Steve Lathrop of Omaha who sits on the Judiciary Committee took issue with some of the language in the bill.

"It just seems to me that as written we're taking, we're trying to get to the guy who has a pit bull that tears some body's arm off or their scalp or something, but it's so broad that it can actually get that yippy dog that twice bites somebody," said Lathrop.

It is now up to the Judiciary Committee to decide whether to advance the bill.