Senate Amendment 1B
H 3682 - Session 125 (2023-2024)
Animal Cruelty

Senator Hembree proposes the following amendment (SEDU-3682.DB0019S):

Amend the bill, as and if amended, SECTION 2, by striking Section 47-1-145(C)(2) and inserting:

  (2) If the defendant is found guilty, then the custodian of the animal may then determine if the animal is suitable for adoption or rescue and if adoption or rescue can be arranged for the animal. The animal may not be adopted by the defendant or by any person residing in the defendant's household if the defendant was found guilty. If no adoption or rescue can be arranged after the forfeiture or if the animal is unsuitable for adoption or rescue, then the custodian shall humanely euthanize the animal.

Amend the bill further, SECTION 2, by striking Section 47-1-145(D)(4) and inserting:

  (4) In the event that an owner is adjudicated not guilty of all charges related to the animal seizure or all charges are dismissed not pursuant to plea negotiations or an intervention program, the owner shall receive from the filing agency a refund of all costs paid by the owner pursuant to the petition. The court may award interest on the amount refunded to an owner under this subsection.
 (B)(1) Every petition filed pursuant to subsection (A) shall contain a description of the time, place, and circumstances of the seizure, the legal authority for the seizure, and the name and address of the owner of the animal seized.
  (2) Any sheriff, deputy sheriff, deputy state constable, constable, or other law enforcement officer shall personally service written process of the petition on the owner of the animal . If the officer is unable to personally serve written process of the petition on the owner of the animal within thirty days of the filing of the petition, the officers shall, within ten days thereafter, post a copy of the petition on the door of the residence of the owner or in another conspicuous place at the location where the animal were seized.
 (C)(1)(a) Upon the court's receipt of return of process of the petition on the owner, the court shall set a hearing on the petition to determine the need to care for and provide for the animal pending the final disposition of the animal . The hearing shall be conducted no less than ten days and no more than fifteen business days after the court's receipt of return of service of process of the petition on the owner. Any sheriff, deputy sheriff, deputy state constable, constable, or other law enforcement officer is authorized to serve written notice on the owner of the date, time, and location of the hearing. If no name and address for the owner are set forth in the petition, then such notice shall be posted in a conspicuous place at the location where the animal or animals were seized.
   (b) If the owner is financially unable to retain counsel then counsel shall be provided upon order of the appropriate judge pursuant to Chapter 3, Title 17, unless the owner voluntarily and intelligently waives court appointed counsel.
   (c) The court may reduce the amount the owner is required to pay under this section if the owner is indigent.
  (2) The scope of the hearing is limited to whether probable cause existed to seize the animal. Upon such a showing, the court shall require payment to the clerk of court of an amount sufficient to cover reasonable costs of seizure and care, as determined by the court, for a period beginning as of the date of seizure and ending thirty days after the date of the order. Neither the result of a hearing provided for under this section nor a statement of an owner made at any such hearing shall be admissible in any criminal prosecution related to the seizure of the animal.
  (3) The owner shall be ordered to deposit an amount equal to the portion of the original deposit amount attributable to the first thirty days after the date of the initial order and every thirty days thereafter until the owner relinquishes the animal or until the final disposition of the animal . If the required funds are not deposited within five days of the original order setting the amount of funds, or within five days after the expiration of each applicable subsequent thirty-day period, then the animal shall be forfeited to the petitioning agency by operation of law and may be disposed of via transfer to another person or entity capable of providing care or other humane disposition.
  (4) The court may correct, alter, or otherwise adjust the owner's thirty-day obligation of payment upon a motion made by the owner or the petitioning agency at least five days before the expiration date of the then current thirty-day payment period. The hearing shall be held within ten days of service of the motion on the opposing party, and any adjustment to the thirty-day payment amount shall become effective five days after the court orders, or refuses to order, an adjustment.
 (D)(1) Upon the deposit of funds with the court in accordance with this section, the entity incurring the costs of care may immediately begin to draw from those funds for payment of the actual costs incurred by the petitioning agency in keeping and caring for the animal from the date of seizure to the date of the final disposition of the underlying criminal action regarding the owner and the animal.
  (2) Upon final disposition of the animal, remaining funds deposited with the court shall be refunded to the owner.

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X.  Nothing in this act may be applied in contradiction to the exemptions and protections provided to hunting dogs, sporting dogs or working dogs under Section 47-1-40, Section 16-27-60 and Section 16-27-80.