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1994 SESSION

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HB 566 Seizure and disposition of animals.

Introduced by: W. Roscoe Reynolds | all patrons    ...    notes | add to my profiles

SUMMARY:

Seizure and disposition of animals. Amends the standard for determining when an animal which has been abandoned, cruelly treated, or neglected may be impounded and sold or otherwise disposed of. This bill eliminates the requirement that an animal's owner be proven to be (i) unable to provide for the animal or (ii) not a fit person to own the animal. The issue before the court hearing the case will be whether the animal has been abandoned, cruelly treated or, if the animal is a companion animal, deprived of adequate care. If the court finds that any of these conditions exist, the animal will be disposed of, and the owner will be required to pay all expenses incurred by the humane investigator or animal warden in caring for the animal. If the person with a property interest in the animal was not responsible for the mistreatment of the animal, he may regain its possession. This measure allows the court to prohibit the owner from owning other animals. The court may consider the owner's record of conviction of laws pertaining to animal cruelty or mistreatment, and the owner's mental and physical condition. However, an owner of agricultural animals may be barred from owning other such animals only if he has exhibited a pattern of animal cruelty or abandonment based on previous court convictions. A person may petition the court to have the prohibition on owning animals lifted after two years.


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