Bill Text: PA HB2409 | 2011-2012 | Regular Session | Amended

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Bill Title: Providing for actions for costs of care of seized animals.

Spectrum: Slight Partisan Bill (Republican 27-13)

Status: (Engrossed - Dead) 2012-10-10 - Referred to JUDICIARY [HB2409 Detail]

Download: Pennsylvania-2011-HB2409-Amended.html

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PRIOR PRINTER'S NOS. 4026, 4059 PRINTER'S NO. 4164
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2409 Session of2012
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.
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(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:
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(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
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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.
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(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
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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.
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