THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY ALLOWAY, TARTAGLIONE, FONTANA, SOLOBAY, BREWSTER, WASHINGTON, STACK, LEACH AND FERLO, JUNE 6, 2012

REFERRED TO JUDICIARY, JUNE 6, 2012  

AN ACT

Providing for actions for costs of care of seized animals.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Costs of Care

of Seized Animals Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Defendant."  A defendant charged with a violation of 18

Pa.C.S. § 5511 (relating to cruelty to animals).

"Petition."  A petition for costs of care of any animals

seized under section 3(a).

"Petitioner."  A person or entity that files a petition for

costs of care of animals seized under section 3(a).

"Reasonable expenses."  The necessary costs of caring for

seized animals, including the provision of food, water, shelter

and medical care, beginning at the date of the seizure until:

(1)  at least 30 days after the hearing on the petition

for costs of care; or

(2)  the seized animals are no longer under the control

of the petitioner, whichever is earlier.

Section 3.  Petition for costs of care of seized animals.

(a)  Petition.--When any animals have been seized in

connection with a criminal charge for a violation of 18 Pa.C.S.

§ 5511 (relating to cruelty to animals), a petition for the

reasonable expenses of caring for the seized animals may be

filed against the defendant by any of the following:

(1)  A county or municipal official.

(2)  An organization providing care for the animals.

(b)  Filing.--A petition under subsection (a) shall be filed

no later than the issuance of the final order on the criminal

charge for a violation of 18 Pa.C.S. § 5511.

Section 4.  Serving the petition.

(a)  Serving the defendant.--No later than five days after

filing a petition under section 3, the petitioner shall serve

the petition on the defendant by personal service or by

registered mail to any of the following:

(1)  The defendant's mailing address.

(2)  The place of business of the defendant's counsel.

(3)  The detention facility where the defendant is

incarcerated.

(b)  Serving the owner.--The petitioner shall serve the

petition on the owner of a seized animal if all of the following

apply:

(1)  The petitioner is aware that the defendant is not

the owner of the seized animals.

(2)  The petitioner is aware of the owner's location.

Section 5.  Hearing on the petition.

(a)  Date of hearing.--Upon receipt of a petition, the court

shall set a date for a hearing to determine the amount of the

reasonable expenses. The hearing shall be held not less than

seven days but not more than 14 days from the service on the

defendant or the owner of the seized animals.

(b)  Evidence.--At the hearing, the petitioner shall present

evidence that demonstrates the amount of reasonable expenses

expected to be incurred by the petitioner and that the seizure

was warranted.

(c)  Order.--Not later than five days after the commencement

of the hearing, the court shall issue an order and serve the

order on the petitioner and the defendant or owner. If the court

grants the petition, the order shall include the amount of

reasonable expenses to be paid. The defendant's or owner's

ability to pay shall not affect the court's determination as to

the amount of the reasonable expenses.

Section 6.  Payment of reasonable expenses.

(a)  General rule.--Not later than five days after service of

the order to pay the amount of reasonable expenses, the

defendant or owner shall deposit the entire amount with the

clerk of courts.

(b)  Consequences of nonpayment.--If a person subject to a

court order to pay costs under this section fails at any time to

pay the entire amount designated in the order, any seized

animals shall be automatically forfeited, by operation of law,

to the petitioner, and the petitioner shall obtain all rights

and privileges in and over the animals.

(c)  Adjustment.--The court may, upon motion and after a

hearing, correct or adjust the amount of future costs of care,

as long as the amount is sufficient to cover all reasonable

expenses incurred by the petitioner in caring for all seized

animals.

(d)  Withdrawal.--Subsequent to the funds being deposited

with the clerk of courts under subsection (a), the petitioner

may withdraw from the funds by request to the clerk of courts.

Withdrawal of the funds may not prevent the petitioner from the

following:

(1)  Providing necessary medical care, including

euthanizing any seized animal. The petitioner may euthanize

the animal only if the petitioner obtains a written opinion

from a licensed veterinarian who states it is necessary to

alleviate the animal's extreme suffering.

(2)  Transferring any seized animal only if any of the

following apply:

(i)  The court orders the transfer.

(ii)  The defendant or owner of the animal surrenders

all rights to the animal.

Section 7.  Administration.

(a)  Renewal.--The portion of the order specifying the amount

of foreseeable reasonable expenses shall be automatically

renewed not less than every 30 days until any of the following:

(1)  the issuance of the final order on the criminal

charge for a violation of 18 Pa.C.S. § 5511 (relating to

cruelty to animals); or

(2)  the seized animals are no longer under the control

of the petitioner, whichever is earlier.

(b)  Adjustment.--If the court elects to adjust the amount of

the foreseeable reasonable expenses, the court shall provide the

petitioner and the defendant or owner all of the following:

(1)  Notice of hearing on the adjustment.

(2)  A hearing on the adjustment.

(c)  Remittance.--No earlier than the issuance of the final

order on the criminal charge for a violation of 18 Pa.C.S. §

5511, all remaining funds that have not been spent for the

reasonable expenses of the animal shall be remitted to the

defendant or owner who has deposited the funds.

Section 8.  Examination.

Notwithstanding any other rights under 18 Pa.C.S. § 5511

(relating to cruelty to animals), not later than the

commencement of the hearing, the defendant or owner of the

animal shall have one opportunity to examine the seized animal

for the purposes of preserving evidence. The examination shall

be completed in the presence of a law enforcement officer, a

county or municipal official or the organization that is caring

for the seized animal.

Section 9.  Lien.

Any unpaid amount of reasonable expenses designated by an

order under this act shall constitute a lien against the

defendant or owner.

Section 10.  Immunity.

Any individual acting in good faith shall be immune from

civil liability for damages sustained by the defendant or owner

of the animals subject to this act.

Section 11.  Effective date.

This act shall take effect in 60 days.