AN ACT

 

1Providing for actions for costs of care of seized animals.

2The General Assembly finds and declares that:

3(1) Owners of animals have a duty of care.

4(2) Because of this duty of care, owners of animals are
5responsible for the costs of caring for those animals and
6that responsibility continues if those animals are duly
7seized.

8(3) The General Assembly has enacted 18 Pa.C.S. § 5511
9(relating to cruelty to animals) relating to cruelty to
10animals which can lead to seizure of animals.

11(4) Neither 18 Pa.C.S. § 5511 nor this act pertains to
12activity undertaken in normal agricultural <-operations 
<-13operation.

14The General Assembly of the Commonwealth of Pennsylvania
15hereby enacts as follows:

1Section 1. Short title.

2This act shall be known and may be cited as the Costs of Care
3of Seized Animals Act.

4Section 2. Definitions.

5The following words and phrases when used in this act shall
6have the meanings given to them in this section unless the
7context clearly indicates otherwise:

8"Costs order." A court order <-to pay under section 5(e) to 
9pay filing fees and reasonable costs of care <-issued under 
10section 5(e).

11"Defendant." A person charged with a violation of 18 Pa.C.S.
12§ 5511 (relating to cruelty to animals).

13"Normal agricultural operation." As defined under 18 Pa.C.S.
14§ 5511(q) (relating to cruelty to animals).

<-15"Owner." A person who can prove legal title to or ownership 
16of the animal at issue <-In relation to an animal seized under 18
17Pa.C.S. § 5511 (relating to cruelty to animals), a person who
18can prove legal title to or ownership of an animal at issue on
19the date of the seizure.

20"Petition." A petition for reasonable costs of care for any
21animal seized under 18 Pa.C.S. § 5511 (relating to cruelty to
22animals).

23"Petitioner." A person or entity that files a petition under
24this act.

25"Reasonable costs of care." As follows:

26(1) The reasonable costs of caring for seized animals,
27including the provision of food, water, shelter and medical
28care, beginning at the date of the seizure and continuing
29until the earlier of one of the following:

30(i) At least 30 days following a hearing on a

1petition for costs of care.

2(ii) The seized animals are no longer under the
3control of the petitioner.

4(iii) The owner and defendant have relinquished all
5interests in the seized animals.

6(2) Reasonable costs of care shall be limited to $15 per
7day per animal, in addition to necessary medical care, as
8determined by a licensed veterinarian and documented by
9invoices.

<-10"Respondent." Any of the following:

11(1) A defendant.

12(2) An owner of a seized animal.

13"Society or association." A nonprofit society or association
14duly incorporated under 15 Pa.C.S. Ch. 53 Subch. A (relating to
15incorporation generally) for the purpose of the prevention of
16cruelty to animals.

17Section 3. Petition for reasonable costs of care.

18(a) Filing.--If animals are seized under 18 Pa.C.S. § 5511
19(relating to cruelty to animals), a petition may be filed, with
20the <-same magisterial district court court of common pleas in the 
21county where related criminal charges have been filed, by any of
22the following:

23(1) A county or municipal official.

24(2) A society or association or other incorporated
25nonprofit organization providing care for the animals.

26(b) Time.--A petition may not be filed later than <-seven days 
27after the entry of final judgment on the related criminal charge
28for a violation of 18 Pa.C.S. § 5511.

29Section 4. <-Respondents Service of petition.

30(a) Defendant.--Not later than <-five seven days after filing

1a petition under section 3, the petitioner shall serve the
2petition on the defendant by personal service or by registered
3mail to any of the following:

4(1) The defendant's mailing address.

5(2) The place of business of the defendant's counsel.

6(3) The detention facility where the defendant is
7incarcerated.

8(b) Owner.--The petitioner shall serve the petition on the
9owner of a seized animal if all of the following apply:

10(1) The petitioner is aware that the defendant is not
11the owner of the seized animals.

12(2) The petitioner is aware of the owner's location.

13Section 5. Hearing.

14(a) Date.--Upon receipt of a petition, the court shall set a
15date for a hearing to determine the responsibility of a
<-16respondent defendant for reasonable costs of care.

17(b) Time.--A hearing under subsection (a) shall be scheduled
18not less than seven 14 days but not more than <-14 21 days from
19the service of the petition on the respondent. <-The petitioner 
20shall serve notice of the hearing date upon the <-respondent 
<-21defendant and, if required to be served under section 4(b), the 
22owner.

<-23(c) Evidence.--At the hearing, the petitioner shall present
24evidence that demonstrates the amount of reasonable costs of
25care for the seized animals and that the seizure was warranted.

<-26(c) Evidence.--At the hearing, the petitioner shall present
27evidence that demonstrates:

28(1) the amount of reasonable costs of care for the
29seized animal; <-and

30(2) that the seizure was warranted<-.; and

1(3) if the owner is required to be served under section
24(b), that a copy of the petition has been mailed to the
3owner's last known address.

4(d) Objection.--<-All respondents The defendant and, if 
5required to be served under section 4(b), owner shall have the
6opportunity at the hearing to object to the petition.

7(e) Costs order.--

8(1) Not later than five days after the commencement of
9the hearing, the court shall issue an order granting or
10denying the petition. If the court grants the petition, the
11order shall include <-any filing fees paid by the petitioner to 
12file the petition under section 3 and the amount of
13reasonable costs of care to,<- both of which shall be paid by
14the <-respondent defendant.

15(2) The costs order shall include a schedule of monthly
16payments for costs of care to be paid by the <-respondent 
<-17defendant beginning 30 days after the initial payment
18designated in the order under paragraph (1). Payments shall
19continue until termination under section 7. The <-respondents' 
<-20defendant's ability to pay shall not affect the court's
21determination as to the amount of the reasonable costs of
22care.

23Section 6. Payment of reasonable <-expenses costs of care.

24(a) General rule.--Not later than <-five seven days after
25service of the costs order, the <-respondent defendant shall
26deposit the ordered amount with the clerk of courts <-make 
27payments to the petitioner in accordance with the costs order.
28The respondent <-defendant shall make payments thereafter under
29the costs order until termination under section 7.

30(b) Nonpayment.--If a <-respondent defendant subject to a

1costs order fails to timely pay any of the amounts ordered, the
2following shall apply:

3(1) A seized animal for which reasonable costs of care
4were ordered shall be automatically forfeited, by operation
5of law, to the petitioner.

6(2) The petitioner shall obtain all rights and
7privileges in and over the animals.

<-8(3) If any owner was required to be served under section
94(b) and the defendant was ordered to pay costs under section
105(e), the petitioner shall provide the owner with notice of
11the nonpayment by certified mail at the owner's last known
12address. The notice shall inform the owner that the
13forfeiture described in this section shall occur without
14further notice if the payment default is not remedied in full
15within 10 days of the mailing of the notice. If the owner
16pays the amount past due, the obligation to pay costs under
17section 5(e) shall be considered a joint obligation of the
18defendant and the owner and no further notice of any other
19default shall be required prior to forfeiture.

20(c) Adjustment.--The court, upon motion by a petitioner or
21respondent and after a hearing consistent with section 5, may
22adjust the amount of reasonable costs of care.

23(d) <-Disbursement.--After deposit of the funds under 
24subsection (a), the clerk of the courts shall disburse the funds 
25to the petitioner. Disbursement of the funds <-Payment.--Payment 
26of reasonable costs of care under subsection (a) shall not
27prevent the petitioner from doing any of the following:

28(1) Providing necessary medical care, including
29euthanizing any seized animal. The petitioner may euthanize a
30seized animal if the petitioner obtains a written opinion

1from a licensed veterinarian who states it is necessary to
2alleviate the animal's suffering.

3(2) Transferring <-to another facility or caretaker a
4seized animal if any of the following apply:

5(i) The court orders the transfer.

6(ii) The <-defendant or owner of the animal surrenders
7all rights to the animal.

<-8(3) Filing with the court that entered the costs order a
9request seeking permission to return a seized animal to an
10owner who is not charged under 18 Pa.C.S. § 5511 (relating to
11cruelty to animals).

<-12(e) Reproductive health.--A petitioner may not spay, neuter
13or otherwise affect the reproductive health of the seized animal
14under any circumstances unless the <-respondent owner surrenders
15all rights of ownership of the animal in writing, forfeits the
16animal pursuant to subsection (b), consents to the surgery in
17writing or if the petitioner obtains a written opinion from a
18licensed veterinarian who states that the procedure is medically
19necessary for the health of the animal.

20(f) Unnecessary medical care.--Under no circumstances may a
21petitioner be reimbursed for costs of care for which the
<-22respondent defendant or owner provides medical records, signed
23by a licensed veterinarian, that show that such costs are
24unnecessary.

25Section 7. Termination of costs order.

26(a) Time.--A costs order shall be terminated upon the
27occurrence of any of the following:

28(1) The issuance of a final judgment on the criminal
29charge for a violation of 18 Pa.C.S. § 5511 (relating to
30cruelty to animals).

1(2) The defendant or owner of the animals surrendering
2all rights to the animals.

3(3) The seized animals being no longer under the control
4of the petitioner.

<-5(b) Remittance.--No earlier than the issuance of the final

<-6(b) Remittance.--As follows:

7(1) No earlier than the issuance of the final order on 
8the related criminal charge for a violation of 18 Pa.C.S. § 
95511, any unused portion of reasonable costs of care 
10remaining after full payment in accordance with a costs order 
11shall be remitted to the <-defendant or owner person who paid 
12the costs of care of the seized animal.

<-13(2) If the no related criminal charge for a violation of
1418 Pa.C.S. § 5511 <-(relating to cruelty to animals) does not 
15result in a conviction, within 30 days all reasonable costs 
16of care paid under section 6 shall be returned to the person 
17who paid the costs of care of the seized animal <-results in
18any conviction and, if all costs ordered to be paid under
19section 5(e) and 6 have been timely paid, the owner shall
20have the right to repossession of the animal and to a return
21of all reasonable costs of care.

22Section 8. Examination.

23Notwithstanding any other rights under 18 Pa.C.S. § 5511
24(relating to cruelty to animals) and not later than the
25commencement of the hearing under section 5, the defendant or
26owner of the animal shall have one opportunity to examine the
27seized animal for the purposes of preserving evidence. The
28examination shall be completed in the presence of a law
29enforcement officer.

30Section 9. Immunity.

1A petitioner shall be immune from civil liability for damages
2alleged by a defendant or owner concerning the care provided by
3the petitioner<-, except for intentional misconduct or gross 
4negligence resulting in the death of an animal.

5Section 10. Applicability.

<-6(a) Normal agricultural operation.--Nothing in this act
7shall apply to animals used for activities undertaken in a
8normal agricultural operation.

<-9(b) Indigency.--In a case under 18 Pa.C.S. § 5511
10(relating

<-11(b) Indigency.--

12(1) In a case under 18 Pa.C.S. § 5511 (relating to 
13cruelty to animals) in which only one animal was seized from 
14the <-RESPONDENT defendant and the respondent defendant is able 
15to prove indigency and the inability to pay the reasonable 
16costs of care assessed under this act by the court for that 
17animal, the court in its discretion may waive the req<-uirement 
18for the <-respondent to pay the costs of care for that animal. 
19A respondent seeking a waiver <-defendant to pay the costs of 
20care for that animal.

21(2) A defendant seeking a waiver <-under this subsection
<-22shall must submit an affidavit in the form provided for in
23Rule 240(h) of the Pennsylvania Rules of Civil Procedure.

24Section <-30 11. Effective date.

25This act shall take effect in 60 days.