EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1062*
HOUSE BILL 1062
E1, E2 2lr1158
HB 1080/21 – JUD CF SB 877
By: Delegate Moon
Introduced and read first time: February 10, 2022
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Criminal Law – Animal Cruelty – Petition for Costs for Care of Seized Animal 2
FOR the purpose of establishing procedures to authorize a certain officer or agent of a 3
humane society or a police officer or certain public official to file a petition to recover 4
reasonable costs of care from the owner or custodian of a certain seized animal; and 5
generally relating to animal cruelty. 6
BY repealing and reenacting, with amendments, 7
Article – Criminal Law 8
Section 10–615 9
Annotated Code of Maryland 10
(2021 Replacement Volume and 2021 Supplement) 11
BY adding to 12
Article – Criminal Law 13
Section 10–615.1 14
Annotated Code of Maryland 15
(2021 Replacement Volume and 2021 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY O F MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Criminal Law 19
10–615. 20
(a) If an owner or custodian of an animal is convicted of an act of animal cruelty, 21
the court may order the [removal] SEIZURE of the animal or any other animal at the time 22
of conviction for the protection of the animal. 23
2 HOUSE BILL 1062
(b) (1) An officer or authorized agent of a humane society, or a police officer or 1
other public official required to protect animals may seize an animal if necessary to protect 2
the animal from cruelty. 3
(2) (i) An animal that a medical and scientific research facility 4
possesses may be [removed] SEIZED under this subsection only after review by and a 5
recommendation from the Maryland Department of Health, Center for Veterinary Public 6
Health. 7
(ii) The Maryland Department of Health shall: 8
1. conduct an investigation within 24 hours after receiving a 9
complaint; and 10
2. within 24 hours after completing the investigation, report 11
to the State’s Attorney for the county in which the facility is situated. 12
(c) (1) If an animal is impounded, yarded, or confined without necessary food, 13
water, or proper attention, is subject to cruelty, or is neglected, an officer or authorized 14
agent of a humane society, a police officer, another public official required to protect 15
animals, or any invited and accompanying veterinarian licensed in the State, may: 16
(i) enter the place where the animal is located and supply the 17
animal with necessary food, water, and attention; or 18
(ii) [remove] SEIZE the animal if [removal] SEIZURE is necessary 19
for the health of the animal. 20
(2) A person who enters a place under paragraph (1) of this subsection is 21
not liable because of the entry. 22
(d) (1) A person who [removes] SEIZES an animal under subsection (c) of this 23
section shall notify the animal’s owner or custodian BY PERSONAL SERVICE OR 24
CERTIFIED MAIL WITHIN 24 HOURS of: 25
(i) the [removal] SEIZURE; and 26
(ii) any administrative remedies that may be available to the owner 27
or custodian. 28
(2) If an administrative remedy is not available, the owner or custodian 29
may file a petition for the return of the animal in the District Court of the county in which 30
the [removal] SEIZURE occurred within 10 days after the [removal] SEIZURE. 31
(e) An animal is considered a stray AND WILL BE FORFEITE D TO A PERSON 32
WHO IS AUTHORIZED TO SEIZE THE ANIMAL if: 33 HOUSE BILL 1062 3
(1) an owner or custodian of the animal was notified under subsection (d) 1
of this section and failed to file a petition within 10 days after [removal] SEIZURE; or 2
(2) the owner or custodian of the animal is unknown and cannot be 3
ascertained by reasonable effort for [20 days] 72 HOURS to determine the owner or 4
custodian. 5
(f) This section does not allow: 6
(1) entry into a private dwelling; or 7
(2) [removal of a farm animal] without the prior recommendation of a 8
veterinarian licensed in the State, SEIZURE OF: 9
(I) LIVESTOCK, AS DEFINED BY § 1–101 OF THE AGRICULTURE 10
ARTICLE; 11
(II) POULTRY, AS DEFINED BY § 1–101 OF THE AGRICULTURE 12
ARTICLE; OR 13
(III) A DOG THAT IS ACTIVE LY ENGAGED IN LIVEST OCK HERDING 14
OR GUARDING . 15
(g) In Baltimore County, the Baltimore County Department of Health, Division 16
of Animal Control or an organization that the Baltimore County government approves shall 17
enforce this section. 18
10–615.1. 19
(A) IN THIS SECTION, “OWNER” MEANS A PERSON WHO C AN PROVE LEGAL 20
TITLE TO OR OWNERSHI P OF AN ANIMAL AT IS SUE ON THE DATE OF T HE SEIZURE. 21
(B) (1) IF AN ANIMAL IS SEIZE D UNDER § 10–615 OF THIS SUBTITLE AND 22
THE OWNER HAS FILED A PETITION FO R RETURN OF THE ANIM AL, AN OFFICER OR 23
AUTHORIZED AGENT OF A HUMANE SOCIETY , OR A POLICE OFFICER OR ANY OTHER 24
PUBLIC OFFICIAL REQU IRED TO PROTECT ANIM ALS WHO REPRESENTS T HE SEIZING 25
PERSON, MAY FILE A PETITION TO JOIN A PROCEEDING CONDUCTED UNDER § 26
10–615(D)(2) OF THIS SUBTITLE FOR THE REASONABLE COSTS OF CARING FOR THE 27
ANIMAL, INCLUDING THE PROVIS ION OF FOOD, WATER, SHELTER, AND MEDICAL 28
CARE. 29
(2) A PETITION FILED UNDER PARAGRAPH (1) OF THIS SUBSECTION 30
SHALL BE FILED NOT L ESS THAN 10 DAYS BUT NOT MORE TH AN 30 DAYS AFTER THE 31 4 HOUSE BILL 1062
SEIZURE OF AN ANIMAL UNDER § 10–615 OF THIS SUBTITLE. 1
(3) WITHIN 7 DAYS AFTER FILING A PETITION UNDER THIS 2
SUBSECTION, THE PETITIONER SHALL SERVE A COPY OF THE PETITION ON THE 3
OWNER OR CUSTODIAN O F THE ANIMAL BY PERS ONAL SERVICE OR B Y REGISTERED 4
MAIL TO: 5
(I) THE OWNER’S OR CUSTODIAN ’S MAILING ADDRESS ; 6
(II) THE PLACE OF BUSINES S OF THE OWNER ’S OR CUSTODIAN ’S 7
COUNSEL OF RECORD ; OR 8
(III) IF THE OWNER OR CUST ODIAN IS DETAINED PR ETRIAL, THE 9
DETENTION FACILITY W HERE THE OWNER OR CUSTODIAN IS LOCATED . 10
(C) ON RECEIPT OF A PETIT ION FILED UNDER § 10–615(D)(2) OF THIS 11
SUBTITLE OR SUBSECTI ON (B)(1) OF THIS SECTION, THE COURT SHALL SET A DATE 12
FOR A HEARING TO DET ERMINE: 13
(1) WHETHER THE SEIZURE OF THE ANIMAL WAS WA RRANTED; 14
(2) WHETHER THE CONTINUED POSSESSION BY THE PE TITIONER IS 15
WARRANTED ; 16
(3) THE RESPONSIBILITY O F THE OWNER OR CUSTO DIAN FOR THE 17
REASONABLE COSTS OF CARE FOR THE SEIZED ANIMAL; AND 18
(4) WHETHER THE OWNER OR CUSTODIAN MAY BE ALL OWED TO OWN 19
OR POSSESS A NEW ANI MAL DURING THE PENDIN G PROCEEDING AND UNT IL THE 20
DISPOSITION OF ANY C RIMINAL CHARGES RELA TING TO THE SEIZURE . 21
(D) (1) A HEARING UNDER SUBSEC TION (C) OF THIS SECTION SHAL L BE 22
SCHEDULED NOT LESS T HAN 14 DAYS BUT NOT MORE TH AN 21 DAYS FROM THE 23
SERVICE OF THE PETITION. 24
(2) WITHIN 7 DAYS AFTER THE SCHED ULING OF THE HEARING DATE, 25
A PETITIONER SHALL S ERVE NOTICE OF THE H EARING DATE ON THE O WNER OR 26
CUSTODIAN OF THE SEI ZED ANIMAL IN THE MA NNER DESCRIBED UNDER 27
SUBSECTION (B)(3) OF THIS SECTION. 28
(E) AT THE HEARING UNDER SUBSEC TION (C) OF THIS SECTION , THE 29
PETITIONER SHALL DEM ONSTRATE BY A PREPON DERANCE OF THE EVIDE NCE: 30
HOUSE BILL 1062 5
(1) THE AMOUNT OF REASON ABLE COSTS OF CARE F OR THE SEIZED 1
ANIMAL; 2
(2) THAT THE SEIZURE OF THE ANIMAL WAS WARRA NTED; AND 3
(3) THAT THE CONTINUED POSSESSION OF THE ANIMAL BY THE 4
PETITIONER IS WARRAN TED. 5
(F) DURING A HEARING UNDE R SUBSECTION (C) OF THIS SECTION , THE 6
OWNER OR CUSTODIAN O F THE SEIZED ANIMAL SHALL HAVE THE OPPOR TUNITY TO: 7
(1) OBJECT TO THE EVIDEN CE PRESENTED BY THE PETITIONER; AND 8
(2) REQUEST AN ALTERNATI VE DISPOSITION OF TH E ANIMAL. 9
(G) (1) (I) NOT LATER THAN 5 DAYS AFTER THE COMME NCEMENT OF A 10
HEARING UNDER § 10–615(D)(2) OF THIS SUBTITLE OR SUBSECTION (B)(1) OF THIS 11
SECTION, THE COURT SHALL ISSU E AN ORDER GRANTING OR DENYING THE 12
PETITIONS. 13
(II) REASONABLE COSTS OF C ARE FOR A SEIZED ANI MAL SHALL 14
BE LIMITED TO $15 PER DAY PER ANIMAL , IN ADDITION TO NECES SARY MEDICAL 15
CARE, AS DETERMINED BY A L ICENSED VETERINARIAN AND DOCUMENTED BY 16
INVOICES. 17
(III) NECESSARY MEDI CAL CARE MAY NOT EXC EED $50 PER DAY 18
PER ANIMAL. 19
(IV) IF THE COURT AWARDS P AYMENT OF THE REASON ABLE 20
COST OF CARE OF THE SEIZED ANIMAL TO THE PETITIONER, THE COURT SHALL : 21
1. ORDER THE OWNER OR C USTODIAN OF THE SEIZ ED 22
ANIMAL TO PAY ANY FI LING FEES PAID BY THE PETITIONER TO FILE THE PETITION 23
UNDER SUBSECTION (B) OF THIS SECTION AND THE AMOUNT OF REASON ABLE COSTS 24
OF CARE; AND 25
2. INFORM THE OWNER OR CUSTODIAN OF THE ANI MAL 26
OF THE RIGHT TO PETI TION FOR AN ADJUSTME NT OF THE AMOUNT OF COSTS FOR 27
CARE UNDER PARAGRAPH (5) OF THIS SUBSECTION . 28
(V) IF THE COURT FINDS TH AT THE SEIZURE OF AN ANIMAL WAS 29
WARRANTED , THE COURT MAY PROHIB IT THE OWNER OR CUST ODIAN OF THE 30
ANIMAL FROM OWNING O R POSSESSING A NEW A NIMAL UNTIL THE CONC LUSION OF 31 6 HOUSE BILL 1062
ANY CRIMINAL PROCEED INGS RELATED TO THE SEI ZURE OF THE ANIMAL . 1
(2) (I) THE COURT ORDER FOR F ILING FEES AND COSTS OF CARE 2
SHALL INCLUDE A SCHE DULE OF MONTHLY PAYM ENTS TO BE PAID BY T HE OWNER 3
OR CUSTODIAN TO THE CLERK OF THE COURT B EGINNING 30 DAYS AFTER THE 4
INITIAL PAYMENT DES IGNATED IN THE ORDER . 5
(II) THE PETITIONER SHALL BE ELIGIBLE TO DRAW FUNDS 6
HELD BY THE CLERK OF THE COURT TO REIMBUR SE ITS ACTUAL COSTS INCURRED 7
FOR CARE OF THE ANIM AL. 8
(III) PAYMENTS SHALL CONTIN UE UNTIL TERMINATION UNDER 9
SUBSECTION (I) OF THIS SECTION. 10
(IV) UNLESS THE PROCEEDING INVOLVES NOT MORE TH AN TWO 11
ANIMALS AND THE ONLY CHARGES ARE NEGLECT , THE ABILITY TO PAY B Y THE 12
OWNER OR CUSTODIAN M AY NOT AFFECT THE CO URT’S DETERMINATION AS T O THE 13
AMOUNT OF THE REASON ABLE COSTS OF CARE . 14
(3) (I) NOT LATER THAN 14 DAYS AFTER SERVICE O F THE COURT 15
ORDER, THE OWNER OR CUSTODI AN SHALL BEGIN TO MA KE PAYMENTS TO THE 16
CLERK OF THE COURT I N ACCORDANCE WITH TH E COURT ORDER . 17
(II) THE OWNER OR CUSTODIA N SHALL CONTINUE TO MAKE 18
PAYMENTS AS REQUIRED BY THE COURT ORDER UNTIL TE RMINATION UNDER 19
SUBSECTION (I) OF THIS SECTION. 20
(4) IF AN OWNER OR A CUST ODIAN FAILS TO TIMEL Y PAY ANY OF THE 21
AMOUNTS ORDERED WITH IN 30 CALENDAR DAYS : 22
(I) THE SEIZED ANIMAL FO R WHICH REASONABLE C OSTS OF 23
CARE WERE ORDERED SH ALL BE AUTOMATICALLY FORFEI TED, BY OPERATION OF 24
LAW, TO THE PETITIONER ; AND 25
(II) THE PETITIONER SHALL OBTAIN ALL RIGHTS AN D 26
PRIVILEGES IN AND OV ER THE ANIMAL . 27
(5) (I) THE COURT, ON MOTION BY A PETIT IONER OR THE OWNER 28
OR CUSTODIAN , AND AFTER NOTICE AND A HEARING CONSISTENT WI TH THIS 29
SECTION, MAY ADJUST THE AMOUN T OF COSTS FOR CARE . 30
(II) PAYMENTS BY THE OWNER OR CUSTODIAN SHALL B E 31
SUSPENDED UNTIL THE MOTION IS DECIDED . 32 HOUSE BILL 1062 7
(H) (1) (I) PAYMENT FOR REASONABL E COSTS OF CARE BY T HE OWNER 1
OR CUSTODIAN OF THE SEIZED ANIMAL DOES NOT PREVENT THE PETITION ER FROM 2
PROVIDING NECESSARY MEDICAL CARE , INCLUDING EUTHANIZIN G THE SEIZED 3
ANIMAL. 4
(II) THE PETITIONER MAY EU THANIZE A SEIZED ANI MAL IF THE 5
PETITIONER OBTAINS A WRITTEN OPINION FROM A LOCAL LICENSED VET ERINARIAN 6
WHO STATES IT IS NEC ESSARY TO ALLEVIATE THE ANIMAL’S SUFFERING. 7
(III) UNLESS IMMEDIATE EUTH ANASIA IS CONSIDERED 8
NECESSARY BY A VETER INARIAN UNDER SUBPAR AGRAPH (II) OF THIS PARAGRAPH , 9
REASONABLE NOTICE SH ALL BE PROVIDED TO T HE OWNER OR CUSTODIA N BEFORE 10
THE ANIMAL IS EUTHAN IZED. 11
(2) PAYMENT OF REASONABLE COSTS OF CARE UNDER SUBSECTION 12
(G) OF THIS SECTION MAY NOT PREVENT THE PETI TIONER FROM TRANSFER RING 13
THE SEIZED ANIMAL TO ANOTHER FACILITY OR CARETAKER IF THE COU RT IS 14
NOTIFIED OF THE TRAN SFER IN A TIMELY MANNER . 15
(I) (1) A COURT ORDER FOR COST S SHALL TERMINATE IF : 16
(I) THE OWNER OF THE ANI MAL SURRENDERS ALL R IGHTS TO 17
THE ANIMAL; 18
(II) THE ANIMAL IS FORFEI TED TO THE PETITIONE R UNDER § 19
10–615(E) OF THIS SUBTITLE; OR 20
(III) THE ANIMAL DIES OR I S EUTHANIZED. 21
(2) AFTER TERMINATION OF THE ORDER , ANY UNUSED FUNDS 22
RETAINED BY THE CLER K OF THE COURT SHALL BE RETURNED TO THE O WNER OR 23
CUSTODIAN OF THE ANI MAL. 24
(J) A PETITIONER SHALL BE IMMUNE FROM CIVIL LI ABILITY FOR DAMAGES 25
ALLEGED BY AN OWNER OR A CUSTODIAN CONCERNING THE CARE PROVIDED BY THE 26
PETITIONER, EXCEPT FOR INTENTION AL MISCONDUCT OR GRO SS NEGLIGENCE 27
RESULTING IN THE DEA TH OF THE SEIZED ANI MAL. 28
(K) IF THE OWNER OR CUSTO DIAN OF THE SEIZED A NIMAL IS ACQUITTED O F 29
ALL CRIMINAL CHARGES AND IF ALL COSTS ORDERED TO BE PAID UNDER THIS 30
SECTION HAVE BEEN TI MELY PAID, THE OWNER OR CUSTODI AN OF THE ANIMAL IS 31
ENTITLED TO: 32 8 HOUSE BILL 1062
(1) TAKE REPOSSESSION OF THE ANIMAL; AND 1
(2) A RETURN OF ALL REAS ONABLE COSTS OF CARE PAID BY THE 2
OWNER OR CUSTODIAN . 3
(L) IF THE OWNER OR CUSTODI AN OF THE SEIZED ANI MAL IS CONVICTED OF 4
ANY CRIMINAL CHARGES BROUGHT IN RELATION TO A SEIZURE UNDER § 10–615 OF 5
THIS SUBTITLE, ANY ANIMALS SEIZED S HALL BE FORFEITED . 6
(M) THIS SECTION MAY NOT BE CONSTRUED TO PREV ENT AN OFFICER OR 7
AUTHORIZED AGENT OF A HU MANE SOCIETY , OR A POLICE OFFICER OR OTHER 8
PUBLIC OFFICIAL REQU IRED TO PROTECT ANIM ALS, FROM SEEKING RESTITU TION 9
AS PART OF SENTENCIN G IF A PERSON DOES N OT SEEK COSTS OF CAR E UNDER THIS 10
SECTION. 11
SECTION 2. AND BE IT FURTHER ENACTED, T hat this Act shall take effect 12
October 1, 2022. 13