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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY ALLOWAY, TARTAGLIONE, FONTANA, SOLOBAY, BREWSTER, WASHINGTON, STACK, LEACH AND FERLO, JUNE 6, 2012 |
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| REFERRED TO JUDICIARY, JUNE 6, 2012 |
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| AN ACT |
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1 | Providing for actions for costs of care of seized animals. |
2 | The General Assembly of the Commonwealth of Pennsylvania |
3 | hereby enacts as follows: |
4 | Section 1. Short title. |
5 | This act shall be known and may be cited as the Costs of Care |
6 | of Seized Animals Act. |
7 | Section 2. Definitions. |
8 | The following words and phrases when used in this act shall |
9 | have the meanings given to them in this section unless the |
10 | context clearly indicates otherwise: |
11 | "Defendant." A defendant charged with a violation of 18 |
12 | Pa.C.S. § 5511 (relating to cruelty to animals). |
13 | "Petition." A petition for costs of care of any animals |
14 | seized under section 3(a). |
15 | "Petitioner." A person or entity that files a petition for |
16 | costs of care of animals seized under section 3(a). |
17 | "Reasonable expenses." The necessary costs of caring for |
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1 | seized animals, including the provision of food, water, shelter |
2 | and medical care, beginning at the date of the seizure until: |
3 | (1) at least 30 days after the hearing on the petition |
4 | for costs of care; or |
5 | (2) the seized animals are no longer under the control |
6 | of the petitioner, whichever is earlier. |
7 | Section 3. Petition for costs of care of seized animals. |
8 | (a) Petition.--When any animals have been seized in |
9 | connection with a criminal charge for a violation of 18 Pa.C.S. |
10 | § 5511 (relating to cruelty to animals), a petition for the |
11 | reasonable expenses of caring for the seized animals may be |
12 | filed against the defendant by any of the following: |
13 | (1) A county or municipal official. |
14 | (2) An organization providing care for the animals. |
15 | (b) Filing.--A petition under subsection (a) shall be filed |
16 | no later than the issuance of the final order on the criminal |
17 | charge for a violation of 18 Pa.C.S. § 5511. |
18 | Section 4. Serving the petition. |
19 | (a) Serving the defendant.--No later than five days after |
20 | filing a petition under section 3, the petitioner shall serve |
21 | the petition on the defendant by personal service or by |
22 | registered mail to any of the following: |
23 | (1) The defendant's mailing address. |
24 | (2) The place of business of the defendant's counsel. |
25 | (3) The detention facility where the defendant is |
26 | incarcerated. |
27 | (b) Serving the owner.--The petitioner shall serve the |
28 | petition on the owner of a seized animal if all of the following |
29 | apply: |
30 | (1) The petitioner is aware that the defendant is not |
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1 | the owner of the seized animals. |
2 | (2) The petitioner is aware of the owner's location. |
3 | Section 5. Hearing on the petition. |
4 | (a) Date of hearing.--Upon receipt of a petition, the court |
5 | shall set a date for a hearing to determine the amount of the |
6 | reasonable expenses. The hearing shall be held not less than |
7 | seven days but not more than 14 days from the service on the |
8 | defendant or the owner of the seized animals. |
9 | (b) Evidence.--At the hearing, the petitioner shall present |
10 | evidence that demonstrates the amount of reasonable expenses |
11 | expected to be incurred by the petitioner and that the seizure |
12 | was warranted. |
13 | (c) Order.--Not later than five days after the commencement |
14 | of the hearing, the court shall issue an order and serve the |
15 | order on the petitioner and the defendant or owner. If the court |
16 | grants the petition, the order shall include the amount of |
17 | reasonable expenses to be paid. The defendant's or owner's |
18 | ability to pay shall not affect the court's determination as to |
19 | the amount of the reasonable expenses. |
20 | Section 6. Payment of reasonable expenses. |
21 | (a) General rule.--Not later than five days after service of |
22 | the order to pay the amount of reasonable expenses, the |
23 | defendant or owner shall deposit the entire amount with the |
24 | clerk of courts. |
25 | (b) Consequences of nonpayment.--If a person subject to a |
26 | court order to pay costs under this section fails at any time to |
27 | pay the entire amount designated in the order, any seized |
28 | animals shall be automatically forfeited, by operation of law, |
29 | to the petitioner, and the petitioner shall obtain all rights |
30 | and privileges in and over the animals. |
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1 | (c) Adjustment.--The court may, upon motion and after a |
2 | hearing, correct or adjust the amount of future costs of care, |
3 | as long as the amount is sufficient to cover all reasonable |
4 | expenses incurred by the petitioner in caring for all seized |
5 | animals. |
6 | (d) Withdrawal.--Subsequent to the funds being deposited |
7 | with the clerk of courts under subsection (a), the petitioner |
8 | may withdraw from the funds by request to the clerk of courts. |
9 | Withdrawal of the funds may not prevent the petitioner from the |
10 | following: |
11 | (1) Providing necessary medical care, including |
12 | euthanizing any seized animal. The petitioner may euthanize |
13 | the animal only if the petitioner obtains a written opinion |
14 | from a licensed veterinarian who states it is necessary to |
15 | alleviate the animal's extreme suffering. |
16 | (2) Transferring any seized animal only if any of the |
17 | following apply: |
18 | (i) The court orders the transfer. |
19 | (ii) The defendant or owner of the animal surrenders |
20 | all rights to the animal. |
21 | Section 7. Administration. |
22 | (a) Renewal.--The portion of the order specifying the amount |
23 | of foreseeable reasonable expenses shall be automatically |
24 | renewed not less than every 30 days until any of the following: |
25 | (1) the issuance of the final order on the criminal |
26 | charge for a violation of 18 Pa.C.S. § 5511 (relating to |
27 | cruelty to animals); or |
28 | (2) the seized animals are no longer under the control |
29 | of the petitioner, whichever is earlier. |
30 | (b) Adjustment.--If the court elects to adjust the amount of |
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1 | the foreseeable reasonable expenses, the court shall provide the |
2 | petitioner and the defendant or owner all of the following: |
3 | (1) Notice of hearing on the adjustment. |
4 | (2) A hearing on the adjustment. |
5 | (c) Remittance.--No earlier than the issuance of the final |
6 | order on the criminal charge for a violation of 18 Pa.C.S. § |
7 | 5511, all remaining funds that have not been spent for the |
8 | reasonable expenses of the animal shall be remitted to the |
9 | defendant or owner who has deposited the funds. |
10 | Section 8. Examination. |
11 | Notwithstanding any other rights under 18 Pa.C.S. § 5511 |
12 | (relating to cruelty to animals), not later than the |
13 | commencement of the hearing, the defendant or owner of the |
14 | animal shall have one opportunity to examine the seized animal |
15 | for the purposes of preserving evidence. The examination shall |
16 | be completed in the presence of a law enforcement officer, a |
17 | county or municipal official or the organization that is caring |
18 | for the seized animal. |
19 | Section 9. Lien. |
20 | Any unpaid amount of reasonable expenses designated by an |
21 | order under this act shall constitute a lien against the |
22 | defendant or owner. |
23 | Section 10. Immunity. |
24 | Any individual acting in good faith shall be immune from |
25 | civil liability for damages sustained by the defendant or owner |
26 | of the animals subject to this act. |
27 | Section 11. Effective date. |
28 | This act shall take effect in 60 days. |
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