THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY ELLIS, MAHER, STEPHENS, BAKER, CALTAGIRONE, CHRISTIANA, CLYMER, D. COSTA, P. COSTA, DeLUCA, DiGIROLAMO, J. EVANS, GEIST, GERGELY, GIBBONS, GOODMAN, HESS, KAUFFMAN, KILLION, MAHONEY, MANN, MARSHALL, MARSICO, MILLARD, MILNE, MOUL, MUNDY, MUSTIO, O'NEILL, PEIFER, PICKETT, QUIGLEY, ROCK, ROSS, SABATINA, STABACK, SWANGER, TOBASH, WATERS AND WATSON, SEPTEMBER 21, 2012

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, OCTOBER 2, 2012   

AN ACT

Providing for actions for costs of care of seized animals.

The General Assembly finds and declares that:

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

(2)  Because of this duty of care, owners of animals are

responsible for the costs of caring for those animals and

that responsibility continues if those animals are duly

seized.

(3)  The General Assembly has enacted 18 Pa.C.S. § 5511

(relating to cruelty to animals) relating to cruelty to

animals which can lead to seizure of animals.

(4)  Neither 18 Pa.C.S. § 5511 nor this act pertains to

activity undertaken in normal agricultural operations.

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:

"Costs order."  A court order to pay reasonable costs of care

issued under section 5(e).

"Defendant."  A person charged with a violation of 18 Pa.C.S.

§ 5511 (relating to cruelty to animals).

"Normal agricultural operation."  As defined under 18 Pa.C.S.

§ 5511(q) (relating to cruelty to animals).

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

animal seized under 18 Pa.C.S. § 5511 (relating to cruelty to

animals).

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

this act.

"Reasonable costs of care."  The reasonable costs of caring

<--

"Reasonable costs of care."  As follows:

<--

(1)  The reasonable costs of caring for seized animals,

including the provision of food, water, shelter and medical

care, beginning at the date of the seizure and continuing

until the earlier of one of the following:

(1)  At least 30 days following a hearing on a petition

<--

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

<--

petition for costs of care.

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

<--

(ii)  The seized animals are no longer under the

<--

control of the petitioner.

(3)  The owner and defendant have relinquished all

<--

(iii)  The owner and defendant have relinquished all 

<--

interests in the seized animals.

(2)  Reasonable costs of care shall be limited to $15 per

<--

day per animal, in addition to necessary medical care, as

determined by a licensed veterinarian and documented by

invoices.

"Respondent."  Any of the following:

(1)  A defendant.

(2)  An owner of a seized animal.

"Society or association."  A nonprofit society or association

duly incorporated under 15 Pa.C.S. Ch. 53 Subch. A (relating to

incorporation generally) for the purpose of the prevention of

cruelty to animals.

Section 3.  Petition for reasonable costs of care.

(a)  Filing.--If animals are seized under 18 Pa.C.S. § 5511

(relating to cruelty to animals), a petition may be filed, with

the same magisterial district court where related criminal

charges have been filed, by any of the following:

(1)  A county or municipal official.

(2)  A society or association or other incorporated

nonprofit organization providing care for the animals.

(b)  Time.--A petition may not be filed later than the entry

of final judgment on the related criminal charge for a violation

of 18 Pa.C.S. § 5511.

Section 4.  Respondents.

(a)  Defendant.--Not 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)  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.

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

date for a hearing to determine the responsibility of a

respondent for reasonable costs of care.

(b)  Time.--A hearing under subsection (a) shall be scheduled

not less than seven days but not more than 14 days from the

service of the petition on the respondent.

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

evidence that demonstrates the amount of reasonable costs of

care for the seized animals and that the seizure was warranted.

(d)  Objection.--All respondents shall have the opportunity

at the hearing to object to the petition.

(e)  Costs order.--

(1)  Not later than five days after the commencement of

the hearing, the court shall issue an order granting or

denying the petition. If the court grants the petition, the

order shall include the amount of reasonable costs of care to

be paid by the respondent.

(2)  The costs order shall include a schedule of monthly

payments for costs of care to be paid by the respondent

beginning 30 days after the initial payment designated in the

order under paragraph (1). Payments shall continue until

termination under section 7. The respondents' ability to pay

shall not affect the court's determination as to the amount

of the reasonable costs of care.

Section 6.  Payment of reasonable expenses.

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

the costs order, the respondent shall deposit the ordered amount

with the clerk of courts. The respondent shall make payments

thereafter under the costs order until termination under section

7.

(b)  Nonpayment.--If a respondent subject to a costs order

fails to timely pay any of the amounts ordered, the following

shall apply:

(1)  A seized animal for which reasonable costs of care

were ordered shall be automatically forfeited, by operation

of law, to the petitioner.

(2)  The petitioner shall obtain all rights and

privileges in and over the animals.

(c)  Adjustment.--The court, upon motion by a petitioner or

respondent and after a hearing consistent with section 5, may

adjust the amount of reasonable costs of care.

(d)  Disbursement.--After deposit of the funds under

subsection (a), the clerk of the courts shall disburse the funds

to the petitioner. Disbursement of the funds shall not prevent

the petitioner from doing any of the following:

(1)  Providing necessary medical care, including

euthanizing any seized animal. The petitioner may euthanize a

seized animal if the petitioner obtains a written opinion

from a licensed veterinarian who states it is necessary to

alleviate the animal's suffering.

(2)  Transferring a seized animal 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.  Termination of costs order.

(a)  Time.--A costs order shall be terminated upon the

occurrence of any of the following:

(1)  The issuance of a final judgment on the criminal

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

cruelty to animals).

(2)  The defendant or owner of the animals surrendering

all rights to the animals.

(3)  The seized animals being no longer under the control

of the petitioner.

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

order on the related criminal charge for a violation of 18

Pa.C.S. § 5511, any unused portion of reasonable costs of care

remaining after full payment in accordance with a costs order

shall be remitted to the defendant or owner.

Section 8.  Examination.

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

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

commencement of the hearing under section 5, 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.

Section 9.  Immunity.

A petitioner shall be immune from civil liability for damages

alleged by a defendant or owner concerning the care provided by

the petitioner.

Section 10.  Applicability.

Nothing in this act shall apply to animals used for

activities undertaken in a normal agricultural operation.

Section 30.  Effective date.

This act shall take effect in 60 days.