SB 850 - Under the act, if a person's animal is seized or confiscated, the outcome of the charges against the person must be determined before the confiscated animal may be sterilized, put up for adoption, euthanized, or otherwise disposed of. Confiscated animals must receive proper care while awaiting the outcome of the charges against their owners. Facilities that have custody of confiscated animals are liable for any negligent acts or abuse to the animals while in their custody. If the animal owner is convicted of the charges that resulted in the loss of his or her animal, the court shall not return custody of the animal to the owner and the animal may be sterilized, put up for adoption, euthanized, or otherwise disposed of. The owner is liable for all costs relating to the animal's care and disposition.
If the animal owner is acquitted of the charges or there is a final discharge without conviction, the owner may request that his or her animal be returned. The facility with custody of the animal must immediately return the animal to the owner upon receiving proof of the acquittal or non-conviction. The owner is not liable for any of the costs relating to the animal's care while in custody.
The Department of Agriculture must promulgate rules to implement the act. A first violation of the act is a class B misdemeanor and each animal for which a violation occurs is a separate offense. A second or subsequent violation is a class A misdemeanor and if the violator is a state licensed entity, the entity shall additionally be subject to license sanction.
The act is similar to HB 1444 (2012).
ERIKA JAQUES