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.
Italics indicate opposite chamber/conference committee amendments.
*hb1062*
HOUSE BILL 1062
E1, E2 (2lr1158)
ENROLLED BILL
— Judiciary/Judicial Proceedings —
Introduced by Delegate Moon
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at _________________ _______ o’clock, ________M.
______________________________________________
Speaker.
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 2 HOUSE BILL 1062
Section 10–615.1 1
Annotated Code of Maryland 2
(2021 Replacement Volume and 2021 Supplement) 3
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
That the Laws of Maryland read as follows: 5
Article – Criminal Law 6
10–615. 7
(a) If an owner or custodian of an animal is convicted of an act of animal cruelty, 8
the court may order the [removal] SEIZURE of the animal or any other animal at the time 9
of conviction for the protection of the animal. 10
(b) (1) An officer or authorized agent of a humane society, or a police officer or 11
other public official required to protect animals may seize an animal if necessary to protect 12
the animal from cruelty. 13
(2) (i) An animal that a medical and scientific research facility 14
possesses may be [removed] SEIZED under this subsection only after review by and a 15
recommendation from the Maryland Department of Health, Center for Veterinary Public 16
Health. 17
(ii) The Maryland Department of Health shall: 18
1. conduct an investigation within 24 hours after receiving a 19
complaint; and 20
2. within 24 hours after completing the investigation, report 21
to the State’s Attorney for the county in which the facility is situated. 22
(c) (1) If an animal is impounded, yarded, or confined without necessary food, 23
water, or proper attention, is subject to cruelty, or is neglected, an officer or authorized 24
agent of a humane society, a police officer, another public official required to protect 25
animals, or any invited and accompanying veterinarian licensed in the State, may: 26
(i) enter the place where the animal is located and supply the 27
animal with necessary food, water, and attention; or 28
(ii) [remove] SEIZE the animal if [removal] SEIZURE is necessary 29
for the health of the animal. 30
(2) A person who enters a place under paragraph (1) of this subsection is 31
not liable because of the entry. 32
HOUSE BILL 1062 3
(d) (1) A person who [removes] SEIZES an animal under subsection (c) of this 1
section shall notify the animal’s owner or custodian BY PERSONAL SERVICE OR 2
CERTIFIED MAIL WITHIN 24 HOURS of: 3
(i) the [removal] SEIZURE; and 4
(ii) any administrative remedies that may be available to the owner 5
or custodian; AND 6
(III) IF AN ADMINISTRATIVE REMEDY IS NOT AVAILA BLE, THE 7
RIGHT TO PETITION TH E COURT FOR THE RETU RN OF THE ANIMAL UNDER 8
PARAGRAPH (2) OF THIS SUBSECTION , INCLUDING INSTRUCTIO NS DESCRIBING HOW 9
TO PETITION THE COUR T FOR THE RETURN OF THE ANIMAL. 10
(2) If an administrative remedy is not available, the owner or custodian 11
may file a petition for the return of the animal in the District Court of the county in which 12
the [removal] SEIZURE occurred within 10 days after the [removal] SEIZURE. 13
(e) An animal is considered a stray AND WILL BE FORFEITE D TO A PERSON 14
WHO IS AUTHORIZED TO SEIZE THE ANIMAL if: 15
(1) an owner or custodian of the animal was notified under subsection (d) 16
of this section and failed to file a petition within 10 days after [removal] SEIZURE; or 17
(2) the owner or custodian of the animal is unknown and cannot be 18
ascertained by reasonable effort for [20 days] 72 HOURS to determine the owner or 19
custodian. 20
(f) This section does not allow: 21
(1) entry into a private dwelling; or 22
(2) [removal of a farm animal] without the prior recommendation of a 23
veterinarian licensed in the State, SEIZURE OF: 24
(I) LIVESTOCK, AS DEFINED BY § 1–101 OF THE AGRICULTURE 25
ARTICLE; 26
(II) POULTRY, AS DEFINED BY § 1–101 OF THE AGRICULTURE 27
ARTICLE; OR 28
(III) A DOG THAT IS ACTIVE LY ENGAGED IN LIVEST OCK HERDING 29
OR GUARDING . 30
4 HOUSE BILL 1062
(g) In Baltimore County, the Baltimore County Department of Health, Division 1
of Animal Control or an organization that the Baltimore County government approves shall 2
enforce this section. 3
10–615.1. 4
(A) IN THIS SECTION, “OWNER” MEANS A PERSON WHO C AN PROVE LEGAL 5
TITLE TO OR OWNERSHI P OF AN ANIMAL AT ISSUE ON THE DATE OF THE SEIZURE . 6
(B) (1) (I) IF AN ANIMAL IS SEIZE D UNDER § 10–615 OF THIS SUBTITLE 7
AND THE OWNER HAS FI LED A PETITION FOR R ETURN OF THE ANIMAL , AN OFFICER 8
OR AUTHORIZED AGENT OF A HUMANE SOCIETY , OR A POLICE OFFICER OR ANY 9
OTHER PUBLIC OFFICIAL REQU IRED TO PROTECT ANIM ALS WHO REPRESENTS T HE 10
SEIZING PERSON , MAY FILE A PETITION TO JOIN A PROCEEDING CONDUCTED UNDER 11
§ 10–615(D)(2) OF THIS SUBTITLE FOR THE REASONABLE COSTS OF CARING FOR THE 12
ANIMAL, INCLUDING THE PROVIS ION OF FOOD, WATER, SHELTER, AND MEDICAL 13
CARE. 14
(II) IF LIVESTOCK , AS DEFINED BY § 1–101 OF THE 15
AGRICULTURE ARTICLE, IS SEIZED UNDER § 10–615 OF THIS SUBTITLE AND THE 16
OWNER HAS NOT FILED A PETITION FOR RETUR N OF THE ANIMAL , AN OFFICER OR 17
AUTHORIZED AGENT OF A HUMANE SOCIETY, OR A POLICE OFFICER OR ANY OTHER 18
PUBLIC OFFICIAL REQU IRED TO PROTECT ANIM ALS WHO REPRESENTS T HE SEIZING 19
PERSON, SHALL FILE A PETITIO N FOR THE CONTINUED POSSESSION OF THE 20
LIVESTOCK AND REASON ABLE COSTS FOR CARIN G FOR THE LIVESTOCK , INCLUDING 21
THE PROVISION OF FOOD , WATER, SHELTER, AND MEDICAL CARE . 22
(2) A PETITION FILED UNDER PARAGRAPH (1) OF THIS SUBSECTION 23
SHALL BE FILED NOT L ESS THAN 10 DAYS BUT NOT MORE TH AN 30 DAYS AFTER THE 24
SEIZURE OF AN ANIMAL UNDER § 10–615 OF THIS SUBTITLE. 25
(3) WITHIN 7 DAYS AFTER FILING A PETITION UNDER THIS 26
SUBSECTION, THE PETITIONER SHALL SERVE A COPY OF THE PETITION ON THE 27
OWNER OR CUSTODIAN O F THE ANIMAL BY PERS ONAL SERVICE OR BY R EGISTERED 28
MAIL TO: 29
(I) THE OWNER’S OR CUSTODIAN ’S MAILING ADDRESS ; 30
(II) THE PLACE OF BUSINESS OF THE OWNER’S OR CUSTODIAN ’S 31
COUNSEL OF RECORD ; OR 32
(III) IF THE OWNER OR CUST ODIAN IS DETAINED PR ETRIAL, THE 33
DETENTION FACILITY W HERE THE OWNER OR CU STODIAN IS LOCATED . 34
HOUSE BILL 1062 5
(C) ON RECEIPT OF A PETIT ION FILED UNDER § 10–615(D)(2) OF THIS 1
SUBTITLE OR SUBSECTI ON (B)(1) OF THIS SECTION, THE COURT SHALL SET A DATE 2
FOR A HEARING TO DET ERMINE: 3
(1) WHETHER THE SEIZURE OF THE ANIMAL WAS WA RRANTED; 4
(2) WHETHER THE CONTINUE D POSSESSION BY THE PETITIONER IS 5
WARRANTED ; 6
(3) THE RESPONSIBILITY OF TH E OWNER OR CUSTODIAN FOR THE 7
REASONABLE COSTS OF CARE FOR THE SEIZED ANIMAL; AND 8
(4) WHETHER THE OWNER OR CUSTODIAN MAY BE ALL OWED TO OWN 9
OR POSSESS A NEW ANI MAL DURING THE PENDI NG PROCEEDING AND UN TIL THE 10
DISPOSITION OF ANY C RIMINAL CHARGES RELATING TO THE SEIZURE. 11
(D) (1) A HEARING UNDER SUBSEC TION (C) OF THIS SECTION SHAL L BE 12
SCHEDULED NOT LESS T HAN 14 DAYS BUT NOT MORE TH AN 21 DAYS FROM THE 13
SERVICE OF THE PETIT ION. 14
(2) WITHIN 7 DAYS AFTER THE SCHED ULING OF THE HEARING DATE, 15
A PETITIONER SHALL SER VE NOTICE OF THE HEA RING DATE ON THE OWN ER OR 16
CUSTODIAN OF THE SEI ZED ANIMAL IN THE MA NNER DESCRIBED UNDER 17
SUBSECTION (B)(3) OF THIS SECTION. 18
(E) AT THE HEARING UNDER SUBSECTION (C) OF THIS SECTION , THE 19
PETITIONER SHALL DEM ONSTRATE B Y A PREPONDERANCE OF THE EVIDENCE : 20
(1) THE AMOUNT OF REASON ABLE COSTS OF CARE F OR THE SEIZED 21
ANIMAL; 22
(2) THAT THE SEIZURE OF THE ANIMAL WAS WARRA NTED; AND 23
(3) THAT THE CONTINUED P OSSESSION OF THE ANI MAL BY THE 24
PETITIONER IS WARRAN TED. 25
(F) DURING A HEARING UNDER SUBS ECTION (C) OF THIS SECTION , THE 26
OWNER OR CUSTODIAN O F THE SEIZED ANIMAL SHALL HAVE THE OPPOR TUNITY TO: 27
(1) OBJECT TO THE EVIDEN CE PRESENTED BY THE PETITIONER; AND 28
(2) REQUEST AN ALTERNATI VE DISPOSITION OF TH E ANIMAL. 29
6 HOUSE BILL 1062
(G) (1) (I) NOT LATER THAN 5 DAYS AFTER THE COMMENCEMENT 1
CONCLUSION OF A HEARING UNDER § 10–615(D)(2) OF THIS SUBTITLE OR 2
SUBSECTION (B)(1) OF THIS SECTION , THE COURT SHALL ISSU E AN ORDER 3
GRANTING OR DENYING THE PETITIONS. 4
(II) REASONABLE COSTS OF C ARE FOR A SEIZED ANIMAL SHALL 5
BE LIMITED TO $15 PER DAY PER ANIMAL , IN ADDITION TO NECES SARY MEDICAL 6
CARE, AS DETERMINED BY A L ICENSED VETERINARIAN AND DOCUMENTED BY 7
INVOICES. 8
(III) NECESSARY MEDICAL CAR E MAY NOT EXCEED $50 PER DAY 9
PER ANIMAL. 10
(IV) IF THE COURT AWARDS PAYMENT OF THE REASONABLE 11
COST OF CARE OF THE SEIZED ANIMAL TO THE PETITIONER, THE COURT SHALL : 12
1. ORDER THE OWNER OR C USTODIAN OF THE SEIZ ED 13
ANIMAL TO PAY ANY FI LING FEES PAID BY TH E PETITIONER TO FILE THE PETITION 14
UNDER SUBSECTION (B) OF THIS SECTION AND T HE AMOUNT OF REASONA BLE COSTS 15
OF CARE; AND 16
2. INFORM THE OWNER OR CUSTODIAN OF THE ANI MAL 17
OF THE RIGHT TO PETI TION FOR AN ADJUSTME NT OF THE AMOUNT OF COSTS FOR 18
CARE UNDER PARAGRAPH (5) OF THIS SUBSECTION . 19
(V) IF THE COURT FINDS THAT THE SEIZURE OF AN ANIMAL WAS 20
WARRANTED , THE COURT MAY PROHIB IT THE OWNER OR CUST ODIAN OF THE 21
ANIMAL FROM OWNING O R POSSESSING A NEW A NIMAL UNTIL THE CONC LUSION OF 22
ANY CRIMINAL PROCEED INGS RELATED TO THE SEIZURE OF THE ANIMA L. 23
(2) (I) THE COURT ORD ER FOR FILING FEES A ND COSTS OF CARE 24
SHALL INCLUDE A SCHE DULE OF MONTHLY PAYM ENTS TO BE PAID BY T HE OWNER 25
OR CUSTODIAN TO THE CLERK OF THE COURT B EGINNING 30 DAYS AFTER THE 26
INITIAL PAYMENT DESI GNATED IN THE ORDER . 27
(II) THE PETITIONER SHALL BE ELIGIBLE TO DRAW FUNDS 28
HELD BY THE CLERK OF THE COURT TO REIMBUR SE ITS ACTUAL COSTS INCURRED 29
FOR CARE OF THE ANIM AL. 30
(III) PAYMENTS SHALL CONTIN UE UNTIL TERMINATION UNDER 31
SUBSECTION (I) OF THIS SECTION. 32
(IV) UNLESS THE PROCEEDING INVOLVES NOT MORE TH AN TWO 33
ANIMALS AND THE ONLY CHARGES ARE NEGLECT , THE ABILITY TO PAY B Y THE 34 HOUSE BILL 1062 7
OWNER OR CUSTODIAN M AY NOT AFFECT THE CO URT’S DETERMINATION AS T O THE 1
AMOUNT OF THE REASON ABLE COSTS OF CARE . 2
(3) (I) NOT LATER THAN 14 DAYS AFTER SERVICE O F THE COURT 3
ORDER, THE OWNER OR CUSTODIAN SHALL B EGIN TO MAKE PAYMENT S TO THE 4
CLERK OF THE COURT I N ACCORDANCE WITH TH E COURT ORDER . 5
(II) THE OWNER OR CUSTODIA N SHALL CONTINUE TO MAKE 6
PAYMENTS AS REQUIRED BY THE COURT ORDER U NTIL TERMINATION UND ER 7
SUBSECTION (I) OF THIS SECTION. 8
(4) IF AN OWNER OR A CUST ODIAN FAILS TO TIMEL Y PAY ANY OF THE 9
AMOUNTS ORDERED WITH IN 30 CALENDAR DAYS : 10
(I) THE SEIZED ANIMAL FO R WHICH REASONABLE C OSTS OF 11
CARE WERE ORDERED SH ALL BE AUTOMATICALLY FORFEITED, BY OPERATION OF 12
LAW, TO THE PETITIONER ; AND 13
(II) THE PETITIONER SHALL OBTAIN ALL RIGHTS AN D 14
PRIVILEGES IN AND OV ER THE ANIMAL . 15
(5) (I) THE COURT, ON MOTION BY A PETIT IONER OR THE OWNER 16
OR CUSTODIAN , AND AFTER NOTICE AND A HEARING CONSISTENT WITH THIS 17
SECTION, MAY: 18
1. DETERMINE WHETHER TH E CONTINUED POSSESSI ON 19
OF THE ANIMAL BY THE PETITIONER IS WARRAN TED; OR 20
2. ADJUST THE AMOUNT OF COSTS FOR CARE . 21
(II) PAYMENTS BY THE OWNER OR CUSTODIAN SHALL B E 22
SUSPENDED UNTIL THE MOTION IS DECIDED . 23
(H) (1) (I) PAYMENT FOR REASONABL E COSTS OF CARE BY T HE OWNER 24
OR CUSTODIAN OF THE SEIZED ANIMAL DOES N OT PREVENT THE PETIT IONER FROM 25
PROVIDING NECESSARY MEDICAL CARE , INCLUDING EUTHANIZIN G THE SEIZED 26
ANIMAL. 27
(II) THE PETITIONER MAY EU THANIZE A SEIZED ANI MAL IF THE 28
PETITIONER OBTAINS A WRITTEN OPINION FROM A LOCAL LICENSED VET ERINARIAN 29
WHO STATES IT IS NEC ESSARY TO ALLEVIATE THE ANIMAL’S SUFFERING. 30
(III) UNLESS IMMEDIATE EUTH ANASIA IS CONSIDERED 31
NECESSARY BY A VETER INARIAN UNDER SUBPAR AGRAPH (II) OF THIS PARAGRAPH , 32 8 HOUSE BILL 1062
REASONABLE NOTICE SH ALL BE PROVIDED TO T HE OWNER OR CUSTODIA N BEFORE 1
THE ANIMAL IS EUTHAN IZED. 2
(2) PAYMENT OF REASONABLE COSTS OF CARE UNDER SUBSECTION 3
(G) OF THIS SECTION MAY NOT PREVENT THE PETI TIONER FROM TRANSFER RING 4
THE SEIZED ANIMAL TO ANOTHER FACILITY OR CARETAKER IF THE COU RT IS 5
NOTIFIED OF THE TRAN SFER IN A TIMELY MAN NER. 6
(I) (1) A COURT ORDER FOR COST S SHALL TERMINATE IF : 7
(I) THE OWNER OF THE ANI MAL SURRENDERS ALL R IGHTS TO 8
THE ANIMAL; 9
(II) THE ANIMAL IS FORFEI TED TO THE PE TITIONER UNDER § 10
10–615(E) OF THIS SUBTITLE OR SUBSECTION (G)(4) OR (L) OF THIS SECTION; OR 11
(III) THE ANIMAL DIES OR I S EUTHANIZED. 12
(2) AFTER TERMINATION OF THE ORDER , ANY UNUSED FUNDS 13
RETAINED BY THE CLER K OF THE COURT SHALL BE RETURNED TO THE O WNER OR 14
CUSTODIAN OF THE ANI MAL. 15
(J) A PETITIONER SHALL BE IMMUNE FROM CIVIL LI ABILITY FOR DAMAGES 16
ALLEGED BY AN OWNER OR A CUSTODIAN CONCE RNING THE CARE PROVI DED BY THE 17
PETITIONER, EXCEPT FOR INTENTION AL MISCONDUCT OR GRO SS NEGLIGENCE 18
RESULTING IN THE DEATH OF THE SEIZED ANIMAL. 19
(K) IF THE OWNER OR CUSTO DIAN OF THE SEIZED A NIMAL IS ACQUITTED O F 20
ALL CRIMINAL CHARGES AND IF ALL COSTS ORD ERED TO BE PAID UNDE R THIS 21
SECTION HAVE BEEN TI MELY PAID, THE OWNER OR CUSTODI AN OF THE ANIMAL IS 22
ENTITLED TO: 23
(1) TAKE REPOSSESSION OF THE ANIMAL; AND 24
(2) A RETURN OF ALL REAS ONABLE COSTS OF CARE PAID BY THE 25
OWNER OR CUSTODIAN . 26
(L) IF THE OWNER OR CUSTO DIAN OF THE SEIZED A NIMAL IS CONVICTED O F 27
ANY CRIMINAL CHARGES BROUGHT IN RELATION TO A SEIZURE UNDER § 10–615 OF 28
THIS SUBTITLE, ANY ANIMALS SEIZED S HALL BE FORFEITED . 29
(M) THIS SECTION MAY NOT BE CONSTRUED TO PREV ENT AN OFFICER OR 30
AUTHORIZED AGENT OF A HUMANE SOCIETY , OR A POLICE OFFICER OR OTHER 31
PUBLIC OFFICIAL REQU IRED TO PROTECT ANIM ALS, FROM SEEKING RESTITU TION 32 HOUSE BILL 1062 9
AS PART OF SENTENCIN G IF A PERSON DOES N OT SEEK COSTS OF CAR E UNDER THIS 1
SECTION. 2
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
October 1, 2022. 4
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.