HCS/HB 489 - The act modifies provisions relating to the confiscation of animals. Currently, any duly authorized public health official or law enforcement official may seek a warrant to enter private property to inspect, care for, or impound neglected or abused animals under the warrant. Under the act, only a law enforcement official may seek a warrant to enter private property to inspect, care for, or confiscate neglected or abused animals. All warrant requests shall be signed, witnessed, and accompanied by an affidavit stating the probable cause. Requirements with respect to a person acting under the warrant are described in the act.
The owner of any animal that has been confiscated under the warrant shall not be responsible for the animal's care and keeping prior to a disposition hearing as described in the act. If the court finds that neglect or abuse of the animal likely occurred and does not order the return of the animal to the owner, after the disposition hearing the owner may prevent disposition of the animal by posting a bond as described in the act.
The owner of any animal humanely killed shall not be entitled to recover damages or the actual value of the animal if a licensed veterinarian found that the animal was disabled beyond recovery for any useful purpose, or if the owner failed to post a bond for the care, keeping, and disposition of the animal after being notified of confiscation, instead of impoundment as currently provided, and after completion of the disposition hearing.
All confiscated animals shall receive proper care as determined by state law and regulations for each specific animal. Any facility or organization where the animal is kept shall be liable to the owner for damages relating to any negligent acts or abuse of the animal while the animal is in the care of the facility or organization.
If the owner is not liable for the costs associated with the placement and care of the animal while charges are pending, such costs and liability for the life or death of the animal and for any medical procedures performed to the animal while charges are pending, shall be the responsibility of the confiscating agency as described in the act.
If the owner posted a sufficient bond and is acquitted or if there is a final discharge without conviction, the owner may demand the return of the animal held in custody. Any entity that has the animal in custody shall immediately return the animal to the owner upon demand. The owner shall not be liable for any costs incurred relating to the placement or care of the animal during the pendency of the charges.
Any person or entity that intentionally euthanizes, unless euthanasia is permissible, or intentionally sterilizes an animal prior to a disposition hearing or during any period for which reasonable bond was secured for the animal's care, is guilty of a class B misdemeanor and shall be liable to the owner for damages, including the actual value of the animal. Each violation against each individual animal is a separate offense. Any subsequent violation is a class A misdemeanor. Any entity licensed under state law shall be subject to licensure sanction by its governing body.
The act is identical to a provision in HCS/SS#2/SB 167 (2025).
JULIA SHEVELEVA