HCS/HB 1444 - Current law allows an authorized public health official or law enforcement official to seek a warrant to enter private property for the purpose of inspecting or confiscating abused or neglected animals. The act removes the authority of a public health official to do this. Current law requires an affidavit to accompany the warrant request which states the probable cause for believing that a violation of a certain crime or crimes has occurred. The act expands the range of crimes referenced to include dogfighting. The act prohibits confiscated animals from being sterilized prior to a disposition hearing unless necessary to save life or relieve suffering.
Current law allows confiscated animals to be placed in the care of a veterinarian, an animal control authority, or an animal shelter. The act also allows such animals to be placed with a third party approved by the court.
Owners of confiscated animals are not responsible for the costs of caring for the animal during the time of confiscation if the court determines that the animal was taken unlawfully.
The act modifies current law regarding the posting of a bond or security by an owner of a confiscated animal to cover the costs of care for the animal while awaiting a court's decision. The act requires the bond amount to be "reasonable" and requires it to be posted within 72 hours of the disposition hearing.
Confiscated animals must receive proper care as required under law for that type of animal. Entities caring for confiscated animals are liable to the animal's owner for damages from negligence or abuse.
Unless otherwise specified by agreement or judgement, owners of confiscated animals may demand the return of their animals if the owner is acquitted or the case is finally discharged without conviction and provided the owner posted a sufficient bond. Such owners are not responsible for the costs of care of the animal during the period of confiscation.
The act makes it a Class B misdemeanor to intentionally euthanize or sterilize a confiscated animal prior to a disposition hearing or during any period of time for which a reasonable bond has been posted for the animal's care. A second or subsequent offense is a Class A misdemeanor and the violator is additionally subject to license sanction. Each animal is considered a separate offense.
Law enforcement officers must comply with the act's confiscation requirements when confiscating animals in conjunction with an arrest of a person for activities relating to dogfighting.
The act contains provisions similar to SB 850 (2012).
ERIKA JAQUES