This act adds a requirement that the warrant be signed and witnessed and allows for such a warrant for dogfighting violations.

Current law provides that the official acting under the authority of a warrant must be given a disposition hearing within 30 days of the filing of the request for the purpose of granting immediate disposition of impounded animals. This act provides that the official must appear at a disposition hearing within 10 days of the confiscation. This act prohibits the sterilization of a confiscated animal before the disposition hearing unless necessary to save life or relieve suffering.

This act allows the law enforcement officer to place confiscated animals with a third party approved by the court.

Currently, the official impounding the animal is not liable for necessary damages while acting under the warrant. This act provides that the damages must also be reasonable.

Under this act, the owner of a confiscated animal is not responsible for the animal's care and keeping before the disposition hearing if the owner is not convicted.

Current law allows the owner, custodian, or any person claiming an interest in an impounded animal to prevent disposition of the animal by posting bond or security in an amount sufficient to provide for the animal's care and keeping for at least 30 days. This act provides that the owner, custodian, or person with an interest in the confiscated animal may prevent the disposition of the animal after completion of the disposition hearing and until final judgement or dismissal of the case by posting a reasonable bond or security within 72 hours of the disposition hearing in an amount consistent with the fair market cost of boarding the animal in an appropriate retail boarding facility. Currently, the authority impounding the animal must provide notice of the above at the place where the animal was taken into custody or delivering it to the property resident. This act requires delivery to the resident.

Current law provides that the owner or custodian of an animal confiscated and humanely killed is not entitled to damages if the animal was found by a licensed veterinarian to be diseased or disabled. This act provides that the killed animal must have been found to be diseased or disabled beyond recovery for any useful purpose for the owner or custodian not to be entitled to damages.

Under this act, all confiscated animals must receive proper care as determined by state law and regulations for each specific animal and facility or organization where the animal is placed after confiscation. The facility or organization is liable to the owner for damages for any negligent acts or abuse of such animal which occurs while the animal is in the care, custody, and control of the facility or organization.

If the owner posted a sufficient bond and is not convicted, unless there is a settlement agreement, consent judgment, or a suspended imposition of sentence, the owner may demand the return of the animal, the animal must be immediately returned, and the owner is not liable for any costs for the placement or care of the animal.

Under this act, it is a Class B misdemeanor to intentionally euthanize or sterilize an animal prior to a disposition hearing or during any period for which reasonable bond was secured for the animal's care, and the person committing the misdemeanor is liable to the owner for damages including the actual value of the animal. Any subsequent violation is a Class A misdemeanor, and any entity licensed under state law is subject to licensure sanction.

This act requires all requests for warrants for certain crimes involving dogs, cockbaiting, bullbaiting, and knowingly releasing an animal to be signed, witnessed, and accompanied by an affidavit stating the probable cause to believe the crime has been committed.

MEGHAN LUECKE