25 LC 60 0029
House Bill 75
By: Representatives Ridley of the 22
nd
, Ridley of the 6
th
, Horner of the 3
rd
, Tarvin of the 2
nd
,
Chastain of the 7
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated,
1
relating to general provisions relative to animal protection, so as to revise certain provisions2
relating to the impounding of
domesticated animals by a government agency and the care of3
such impounded domesticated animals; to require a court order prior to the euthanasia of any4
impounded domesticated animal; to provide for state or local liability in cases of the death5
of, loss of, or injury to an impounded domesticated animal under certain circumstances; to6
provide for notice and hearings; to provide a definition; to provide for a short title; to provide7
for an effective date and applicability; to provide for related matters; to repeal conflicting8
laws; and for other purposes.9
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
SECTION 1.11
This Act shall be known and may be cited as the "Justice for Peanut and Fred Act."12
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SECTION 2.
13
Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to14
general provisions relative to animal protection, is amended by adding a new paragraph to15
Code Section 4-11-2, relating to definitions, to read as follows:16
"(2.1) 'Domesticated animal' means a dog, cat, bird, fish, reptile, or other animal
17
customarily kept as a pet in this state and maintained in or near to the household of its18
owner or an animal lawfully taken or possessed after procuring all licenses, stamps, tags,19
or permits required under Title 27 and maintained in or near to the household of its20
owner. Such term does not include livestock as defined in Code Section 4-3-2."21
SECTION 3.22
Said article is further amended by revising Code Section 4-11-9.3, relating to caring for an23
impounded animal, as follows:24
"4-11-9.3.25
(a) It shall be the duty of any person impounding an animal under this article or Code26
Section 4-8-24, 4-11-9.2, 16-12-4, or 16-12-37 to make reasonable and proper27
arrangements to provide the impounded animal with humane care and adequate and28
necessary veterinary services. Such arrangements may include, but shall not be limited to,29
providing shelter and care for the animal at any state, federal, county, municipal, or30
governmental facility or shelter; contracting with a private individual, partnership,31
corporation, association, or other entity to provide humane care and adequate and necessary32
veterinary services for a reasonable fee; or allowing a private individual, partnership,33
corporation, association, or other entity to provide humane care and adequate and necessary34
veterinary services as a volunteer and at no cost.35
(b) Any person impounding an animal under this article or Code Section 4-8-24, 16-12-4,36
or 16-12-37 or providing care for an impounded animal shall have a lien on such animal37
for the reasonable costs of caring for such animal. Such lien may be foreclosed in any38
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court of competent jurisdiction to hear civil cases. Liens shall be foreclosed in magistrate
39
courts only when the amount of the lien does not exceed the jurisdictional limits40
established by law for such courts.41
(c) Any person impounding an animal under this article shall be authorized to return such42
animal to its owner, upon payment by the owner of all costs of impoundment and care and43
upon the entry of a consent order, unless such owner has been convicted of, pled guilty to,44
or pled nolo contendere to animal cruelty or dog fighting under any local, state, or federal45
law, regulation, or ordinance, or in a prior administrative or legal action in this state or any46
other state, was found to have failed to provide humane care to an animal, committed47
cruelty to animals, or committed an act prohibited under Code Section 16-12-37 in48
violation of the laws of this state or of the United States or any of the several states. Such49
consent order shall provide conditions relating to the care and treatment of such animal,50
including, but not limited to, the following, that:51
(1) Such animal shall be given humane care and adequate and necessary veterinary52
services;53
(2) Such animal shall not be subjected to cruelty; and54
(3) The owner shall comply with this article.55
(d)(1) The provisions of subsection (c) of this Code section shall not apply to an animal56
that was an object or instrumentality of a crime. Any government
agency impounding57
an animal as a result of a violation of this article or Code Section 4-11-9.2, 16-12-4,58
or 16-12-37 shall not return such animal to its owner.59
(2) Any government agency having custody of an animal that was seized as an object or60
instrumentality of a crime may, with the consent of the prosecuting attorney, apply to the61
court having jurisdiction over the offense for an order authorizing such agency to dispose62
of the animal prior to trial of the criminal case as provided by law.63
(e) Any government agency in custody of a domesticated animal impounded pursuant to64
this article or Code Section 4-8-24 shall be subject to liability for up to $5,000.00 for any65
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failure of its officers or employees to exercise due care in the execution of their official66
duties under subsection (a) of this Code section that results in the death of, loss of, or any67
injury to such domesticated animal. This subsection shall be a limited waiver of the68
defense of sovereign immunity of a state or local government."69
SECTION 4.70
Said article is further amended by revising Code Section 4-11-9.6, relating to disposal of71
impounded animal, as follows:72
"4-11-9.6.73
(a)(1) The government agency having custody of an animal impounded pursuant to this74
article which is not returned to the owner as provided in Code Sections 4-11-9.375
and 4-11-9.5, or when ownership of the animal is relinquished by the owner for which76
the owner has relinquished ownership, may dispose of the animal through sale by any77
commercially feasible means, at a public auction or by sealed bids, adoption, or, if in the78
opinion of a licensed accredited veterinarian or a veterinarian employed by a state or79
federal government and approved by the Commissioner such animal has a temperament80
or condition such that euthanasia is the only reasonable course of action, by humanely81
disposing of euthanizing the animal, subject to paragraph (2) of this subsection.82
(2) Except as otherwise provided in Code Sections 4-8-25, 4-8-26, and 4-8-30, in cases83
involving an impounded domesticated animal for which the owner has not relinquished84
ownership, the government agency may humanely euthanize such domesticated animal85
only if a judge of any court of competent jurisdiction within this state finds, after notice86
and opportunity for hearing as provided by subsection (b) of this Code section, that such87
domesticated animal has a temperament or condition such that euthanasia is the only88
reasonable course of action and enters an order for the euthanasia of such domesticated89
animal.90
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(b)(1) It shall be the duty of the government agency to immediately notify the owner of91
any veterinarian opinion to euthanize a domesticated animal as provided in paragraph (1)92
of subsection (a) of this Code section. Such notice shall include a summary of the93
veterinarian's findings and a statement of the time limits for the owner to respond and94
request a hearing as provided in paragraph (2) of this subsection. Such notice shall be95
provided by personal service or by registered mail, certified mail, or statutory overnight96
delivery sent to the last known address of the owner. If the owner of the domesticated97
animal is unknown or cannot be found, service of the notice of euthanasia on such owner98
shall be made by posting the notice in a conspicuous place at the location where the99
domesticated animal was impounded and by publishing a notice once in a newspaper of100
general circulation in the county where the domesticated animal was impounded.101
(2) An owner may request, in writing, a hearing within ten business days of the date the102
notice of euthanasia was served, or, if the owner could not be served, such owner may103
request, in writing, a hearing within 30 days of the date of publication of the notice of104
euthanasia. Such request for hearing shall be served upon the government agency having105
custody of the domesticated animal. If no hearing is requested within the time limits106
specified in this paragraph, such domesticated animal may be humanely euthanized in107
accordance with paragraph (2) of subsection (a) of this Code section.108
(3) The scope of the hearing shall be limited to whether euthanasia of the domesticated109
animal is the only reasonable course of action.110
(4) The hearing shall be conducted in accordance with the hearing procedures set forth111
in subsection (b) of Code Section 4-11-9.5.112
(5) Within five business days after such hearing, the hearing officer shall forward a copy113
of the decision to the owner. If such decision is that euthanasia of the domesticated114
animal is the only reasonable course of action, the hearing officer shall include a notice115
of the date by which the euthanasia shall occur with a copy of the decision.116
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(6) If the hearing officer finds that euthanasia of the domesticated animal is not the only117
reasonable course of action, the hearing officer shall recommend that the government118
agency having custody of the domesticated animal dispose of such domesticated animal119
in any manner provided for in paragraph (1) of subsection (a) of this Code section except120
euthanasia.121
(c)(1) Any proceeds from the sale of such an animal pursuant to paragraph (1) of122
subsection (a) of this Code section shall be used first to pay the costs associated with the123
impoundment, including, but not limited to, removal of the animal from the premises,124
shelter and care of the animal, notice, hearing, and disposition of the animal. Any funds125
remaining shall:126
(1)(A) If the owner is unknown or cannot be found, be paid into the state treasury if the127
animal was impounded by the Commissioner or his or her designated agent or into the128
treasury of the local government if the animal was impounded by the sheriff, a deputy129
sheriff, another law enforcement officer, or an animal control officer; or130
(2)(B) If the owner is known, be paid to the owner.131
(c)(2) The government agency responsible for conducting the sale shall keep a record of132
all sales, disbursements, and distributions made under this article."133
SECTION 5.134
(a) This Act shall become effective upon its approval by the Governor or upon its becoming135
law without such approval.136
(b) This Act shall apply to any impounding of animals and related causes of action occurring137
on or after the effective date of this Act.138
SECTION 6.139
All laws and parts of laws in conflict with this Act are repealed.140
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