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