Currently, any public health official or law enforcement official may seek a warrant to inspect, care for, or impound neglected or abused animals. This act instead requires that such warrant be sought only by a law enforcement officer in order for the officer to confiscate such animals, and requires that such warrant be signed, witnessed, and accompanied by a probable cause affidavit. Further, such warrant may also be issued if the officer believes that the animal is involved in dogfighting.

Currently, an animal disposition hearing shall occur within 30 days of impoundment. Under this act, the disposition hearing shall occur within 10 days of confiscation, no animal shall be sterilized prior to such hearing unless necessary to save the life or relieve the suffering of the animal. This act also allows the person acting under the authority of a warrant to place the animals in the care or custody of a third party approved by the court. The owner of any confiscated animal shall not be responsible for the animal's care and keeping prior to a disposition hearing if the owner is acquitted or there is a final discharge without conviction. After completion of the disposition hearing, any confiscated animal owner may prevent disposition of such animal by posting bond within 72 hours, with such bond being consistent with the fair market cost of boarding such animal.

All animals confiscated under this act shall receive proper care. Any facility or organization keeping such animals shall be liable to the owner for damages for any negligent acts or abuse. In the event that an animal owner is not liable for costs incurred while charges were pending, such costs relating to the placement and care, and liability for the life and death of the animal and medical procedures performed, shall be the responsibility of the confiscating agency. If the owner posted a bond, and is acquitted, the owner may demand the return of the animal held in custody.

Any entity that intentionally euthanizes or sterilizes an animal prior to a disposition hearing is guilty of a Class B misdemeanor, and shall be liable to the animal's owner for damages including the actual value of the animal. Any second or subsequent violation is a Class A misdemeanor, and any such person shall be subject to licensure sanction.

This act is similar to SB 817 (2018), SB 331 (2017), and HB 384 (2017).

KAYLA HAHN