PRINTER'S NO. 60
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY ELLIS, HAGGERTY, K. BOYLE, KAUFFMAN, V. BROWN, STEPHENS, SCHLOSSBERG, LONGIETTI, DAVIS, KORTZ, O'NEILL, D. COSTA, C. HARRIS AND HESS, JANUARY 10, 2013
REFERRED TO COMMITEE ON AGRICULTURE AND RURAL AFFAIRS, JANUARY 10, 2013
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.
15Section 1. Short title.
16This act shall be known and may be cited as the Costs of Care
1of Seized Animals Act.
2Section 2. Definitions.
17"Reasonable costs of care." As follows:
18(1) The reasonable costs of caring for seized animals,
19including the provision of food, water, shelter and medical
20care, beginning at the date of the seizure and continuing
21until the earlier of one of the following:
2"Respondent." Any of the following:
3(1) A defendant.
4(2) An owner of a seized animal.
5"Society or association." A nonprofit society or association
6duly incorporated under 15 Pa.C.S. Ch. 53 Subch. A (relating to
7incorporation generally) for the purpose of the prevention of
8cruelty to animals.
9Section 3. Petition for reasonable costs of care.
10(a) Filing.--If animals are seized under 18 Pa.C.S. § 5511
11(relating to cruelty to animals), a petition may be filed, with
12the same magisterial district court where related criminal
13charges have been filed, by any of the following:
14(1) A county or municipal official.
20Section 4. Respondents.
21(a) Defendant.--Not later than five days after filing a
22petition under section 3, the petitioner shall serve the
23petition on the defendant by personal service or by registered
24mail to any of the following:
25(1) The defendant's mailing address.
26(2) The place of business of the defendant's counsel.
3(2) The petitioner is aware of the owner's location.
4Section 5. Hearing.
16(e) Costs order.--
17(1) Not later than five days after the commencement of
18the hearing, the court shall issue an order granting or
19denying the petition. If the court grants the petition, the
20order shall include the amount of reasonable costs of care to
21be paid by the respondent.
22(2) The costs order shall include a schedule of monthly
23payments for costs of care to be paid by the respondent
24beginning 30 days after the initial payment designated in the
25order under paragraph (1). Payments shall continue until
26termination under section 7. The respondents' ability to pay
27shall not affect the court's determination as to the amount
28of the reasonable costs of care.
29Section 6. Payment of reasonable expenses.
30(a) General rule.--Not later than five days after service of
16(d) Disbursement.--After deposit of the funds under
17subsection (a), the clerk of the courts shall disburse the funds
18to the petitioner. Disbursement of the funds shall not prevent
19the petitioner from doing any of the following:
20(1) Providing necessary medical care, including
21euthanizing any seized animal. The petitioner may euthanize a
22seized animal if the petitioner obtains a written opinion
23from a licensed veterinarian who states it is necessary to
24alleviate the animal's suffering.
27(i) The court orders the transfer.
30Section 7. Termination of costs order.
10(b) Remittance.--No earlier than the issuance of the final
11order on the related criminal charge for a violation of 18
12Pa.C.S. § 5511, any unused portion of reasonable costs of care
13remaining after full payment in accordance with a costs order
14shall be remitted to the defendant or owner.
15Section 8. Examination.
16Notwithstanding any other rights under 18 Pa.C.S. § 5511
17(relating to cruelty to animals) and not later than the
18commencement of the hearing under section 5, the defendant or
19owner of the animal shall have one opportunity to examine the
20seized animal for the purposes of preserving evidence. The
21examination shall be completed in the presence of a law
23Section 9. Immunity.
27Section 10. Applicability.
30Section 30. Effective date.
1This act shall take effect in 60 days.