LAWRENCE J. HOGAN, JR., Governor Ch. 180
– 1 –
Chapter 180
(House Bill 1062)
AN ACT concerning
Criminal Law – Animal Cruelty – Petition for Costs for Care of Seized Animal
FOR the purpose of establishing procedures to authorize a certain officer or agent of a
humane society or a police officer or certain public official to file a petition to recover
reasonable costs of care from the owner or custodian of a certain seized animal; and
generally relating to animal cruelty.
BY repealing and reenacting, with amendments,
Article – Criminal Law
Section 10–615
Annotated Code of Maryland
(2021 Replacement Volume and 2021 Supplement)
BY adding to
Article – Criminal Law
Section 10–615.1
Annotated Code of Maryland
(2021 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Criminal Law
10–615.
(a) If an owner or custodian of an animal is convicted of an act of animal cruelty,
the court may order the [removal] SEIZURE of the animal or any other animal at the time
of conviction for the protection of the animal.
(b) (1) An officer or authorized agent of a humane society, or a police officer or
other public official required to protect animals may seize an animal if necessary to protect
the animal from cruelty.
(2) (i) An animal that a medical and scientific research facility
possesses may be [removed] SEIZED under this subsection only after review by and a
recommendation from the Maryland Department of Health, Center for Veterinary Public
Health.
(ii) The Maryland Department of Health shall: Ch. 180 2022 LAWS OF MARYLAND
– 2 –
1. conduct an investigation within 24 hours after receiving a
complaint; and
2. within 24 hours after completing the investigation, report
to the State’s Attorney for the county in which the facility is situated.
(c) (1) If an animal is impounded, yarded, or confined without necessary food,
water, or proper attention, is subject to cruelty, or is neglected, an officer or authorized
agent of a humane society, a police officer, another public official required to protect
animals, or any invited and accompanying veterinarian licensed in the State, may:
(i) enter the place where the animal is located and supply the
animal with necessary food, water, and attention; or
(ii) [remove] SEIZE the animal if [removal] SEIZURE is necessary
for the health of the animal.
(2) A person who enters a place under paragraph (1) of this subsection is
not liable because of the entry.
(d) (1) A person who [removes] SEIZES an animal under subsection (c) of this
section shall notify the animal’s owner or custodian BY PERSONAL SERVICE OR
CERTIFIED MAIL WITHIN 24 HOURS of:
(i) the [removal] SEIZURE; and
(ii) any administrative remedies that may be available to the owner
or custodian; AND
(III) IF AN ADMINISTRATIVE REMEDY IS NOT AVAILA BLE, THE
RIGHT TO PETITION TH E COURT FOR THE RETU RN OF THE ANIMAL UND ER
PARAGRAPH (2) OF THIS SUBSECTION , INCLUDING INSTRUCTIO NS DESCRIBING HOW
TO PETITION THE COUR T FOR THE RETURN OF THE ANIMAL.
(2) If an administrative remedy is not available, the owner or custodian
may file a petition for the return of the animal in the District Court of the county in which
the [removal] SEIZURE occurred within 10 days after the [removal] SEIZURE.
(e) An animal is considered a stray AND WILL BE FORFEITE D TO A PERSON
WHO IS AUTHORIZED TO SEIZE THE ANIMAL if:
(1) an owner or custodian of the animal was notified under subsection (d)
of this section and failed to file a petition within 10 days after [removal] SEIZURE; or
LAWRENCE J. HOGAN, JR., Governor Ch. 180
– 3 –
(2) the owner or custodian of the animal is unknown and cannot be
ascertained by reasonable effort for [20 days] 72 HOURS to determine the owner or
custodian.
(f) This section does not allow:
(1) entry into a private dwelling; or
(2) [removal of a farm animal] without the prior recommendation of a
veterinarian licensed in the State, SEIZURE OF:
(I) LIVESTOCK, AS DEFINED BY § 1–101 OF THE AGRICULTURE
ARTICLE;
(II) POULTRY, AS DEFINED BY § 1–101 OF THE AGRICULTURE
ARTICLE; OR
(III) A DOG THAT IS ACTIVE LY ENGAGED IN LIVEST OCK HERDING
OR GUARDING .
(g) In Baltimore County, the Baltimore County Department of Health, Division
of Animal Control or an organization that the Baltimore County government approves shall
enforce this section.
10–615.1.
(A) IN THIS SECTION, “OWNER” MEANS A PERSON WHO C AN PROVE LEGAL
TITLE TO OR OWNERSHI P OF AN ANIMAL AT IS SUE ON THE DATE OF T HE SEIZURE.
(B) (1) (I) IF AN ANIMAL IS SEIZED UND ER § 10–615 OF THIS SUBTITLE
AND THE OWNER HAS FI LED A PETITION FOR R ETURN OF THE ANIMAL , AN OFFICER
OR AUTHORIZED AGENT OF A HUMANE SOCIETY , OR A POLICE OFFICER OR ANY
OTHER PUBLIC OFFICIA L REQUIRED TO PROTEC T ANIMALS WHO REPRES ENTS THE
SEIZING PERSON , MAY FILE A PETITION TO JOIN A PROCEEDING CONDUCTED UNDER
§ 10–615(D)(2) OF THIS SUBTITLE FOR THE REASONABLE COSTS OF CARING FOR THE
ANIMAL, INCLUDING THE PROVIS ION OF FOOD, WATER, SHELTER, AND MEDICAL
CARE.
(II) IF LIVESTOCK , AS DEFIN ED BY § 1–101 OF THE
AGRICULTURE ARTICLE, IS SEIZED UNDER § 10–615 OF THIS SUBTITLE AND THE
OWNER HAS NOT FILED A PETITION FOR RETUR N OF THE ANIMAL , AN OFFICER OR
AUTHORIZED AGENT OF A HUMANE SOCIETY , OR A POLICE OFFICER OR ANY OTHER
PUBLIC OFFICIAL REQU IRED TO PROTECT ANIMAL S WHO REPRESENTS THE SEIZING
PERSON, SHALL FILE A PETITIO N FOR THE CONTINUED POSSESSION OF THE Ch. 180 2022 LAWS OF MARYLAND
– 4 –
LIVESTOCK AND REASON ABLE COSTS FOR CARIN G FOR THE LIVESTOCK , INCLUDING
THE PROVISION OF FOO D, WATER, SHELTER, AND MEDICAL CARE .
(2) A PETITION FILED UNDER PARAGRAPH (1) OF THIS SUBSECTION
SHALL BE FILED NOT L ESS THAN 10 DAYS BUT NOT MORE TH AN 30 DAYS AFTER THE
SEIZURE OF AN ANIMAL UNDER § 10–615 OF THIS SUBTITLE.
(3) WITHIN 7 DAYS AFTER FILING A PETITION UNDER THIS
SUBSECTION, THE PETITIONER SHALL SERVE A COPY OF THE PETITI ON ON THE
OWNER OR CUSTODIAN O F THE ANIMAL BY PERS ONAL SERVICE OR BY R EGISTERED
MAIL TO:
(I) THE OWNER’S OR CUSTODIAN ’S MAILING ADDRESS ;
(II) THE PLACE OF BUSINES S OF THE OWNER ’S OR CUSTODIAN ’S
COUNSEL OF RECORD; OR
(III) IF THE OWNER OR CUST ODIAN IS DETAINED PR ETRIAL, THE
DETENTION FACILITY W HERE THE OWNER OR CU STODIAN IS LOCATED .
(C) ON RECEIPT OF A PETIT ION FILED UNDER § 10–615(D)(2) OF THIS
SUBTITLE OR SUBSECTI ON (B)(1) OF THIS SECTION, THE COURT SHALL SET A DATE
FOR A HEARING TO DET ERMINE:
(1) WHETHER THE SEIZURE OF THE ANIMAL WAS WA RRANTED;
(2) WHETHER THE CONTINUE D POSSESSION BY THE PETITIONER IS
WARRANTED ;
(3) THE RESPONSIBILITY O F THE OWNER OR CUSTO DIAN FOR THE
REASONABLE COSTS OF CARE FOR THE SEIZED ANI MAL; AND
(4) WHETHER THE OWNER OR CUSTODIAN MAY BE ALL OWED TO OWN
OR POSSESS A NEW ANI MAL DURING THE PENDI NG PROCEEDING AND UN TIL THE
DISPOSITION OF ANY C RIMINAL CHARGES RELA TING TO THE SEIZURE .
(D) (1) A HEARING UNDER SUBSEC TION (C) OF THIS SECTION SHAL L BE
SCHEDULED NOT LESS T HAN 14 DAYS BUT NOT MORE TH AN 21 DAYS FROM THE
SERVICE OF THE PETIT ION.
(2) WITHIN 7 DAYS AFTER THE SCHED ULING OF THE HEARING DATE,
A PETITIONER SHALL S ERVE NOTICE OF THE H EARING DATE ON THE O WNER OR LAWRENCE J. HOGAN, JR., Governor Ch. 180
– 5 –
CUSTODIAN OF THE SEIZED A NIMAL IN THE MANNER DESCRIBED UNDER
SUBSECTION (B)(3) OF THIS SECTION.
(E) AT THE HEARING UNDER SUBSECTION (C) OF THIS SECTION , THE
PETITIONER SHALL DEM ONSTRATE BY A PREPON DERANCE OF THE EVIDE NCE:
(1) THE AMOUNT OF REASON ABLE COSTS OF CARE FOR THE SEIZ ED
ANIMAL;
(2) THAT THE SEIZURE OF THE ANIMAL WAS WARRA NTED; AND
(3) THAT THE CONTINUED P OSSESSION OF THE ANI MAL BY THE
PETITIONER IS WARRAN TED.
(F) DURING A HEARING UNDE R SUBSECTION (C) OF THIS SECTION , THE
OWNER OR CUSTODIAN OF THE SEIZED ANIMAL SHALL HAVE THE OPPOR TUNITY TO:
(1) OBJECT TO THE EVIDEN CE PRESENTED BY THE PETITIONER; AND
(2) REQUEST AN ALTERNATI VE DISPOSITION OF TH E ANIMAL.
(G) (1) (I) NOT LATER THAN 5 DAYS AFTER THE COMMENCEMENT
CONCLUSION OF A HEARING U NDER § 10–615(D)(2) OF THIS SUBTITLE OR
SUBSECTION (B)(1) OF THIS SECTION , THE COURT SHALL ISSU E AN ORDER
GRANTING OR DENYING THE PETITIONS.
(II) REASONABLE COSTS OF C ARE FOR A SEIZED ANI MAL SHALL
BE LIMITED TO $15 PER DAY PER ANIMAL , IN ADDITION TO NE CESSARY MEDICAL
CARE, AS DETERMINED BY A L ICENSED VETERINARIAN AND DOCUMENTED BY
INVOICES.
(III) NECESSARY MEDICAL CAR E MAY NOT EXCEED $50 PER DAY
PER ANIMAL.
(IV) IF THE COURT AWARDS P AYMENT OF THE REASON ABLE
COST OF CARE OF THE SEIZED ANIMAL TO T HE PETITIONER, THE COURT SHALL :
1. ORDER THE OWNER OR C USTODIAN OF THE SEIZ ED
ANIMAL TO PAY ANY FI LING FEES PAID BY TH E PETITIONER TO FILE THE PETITION
UNDER SUBSECTION (B) OF THIS SECTION AND THE AMOUNT OF REASON ABLE COSTS
OF CARE; AND
Ch. 180 2022 LAWS OF MARYLAND
– 6 –
2. INFORM THE OWNER OR CUSTODI AN OF THE ANIMAL
OF THE RIGHT TO PETI TION FOR AN ADJUSTME NT OF THE AMOUNT OF COSTS FOR
CARE UNDER PARAGRAPH (5) OF THIS SUBSECTION .
(V) IF THE COURT FINDS TH AT THE SEIZURE OF AN ANIMAL WAS
WARRANTED , THE COURT MAY PROHIB IT THE OWNER OR CUSTODIAN O F THE
ANIMAL FROM OWNING O R POSSESSING A NEW A NIMAL UNTIL THE CONC LUSION OF
ANY CRIMINAL PROCEED INGS RELATED TO THE SEIZURE OF THE ANIMA L.
(2) (I) THE COURT ORDER FOR F ILING FEES AND COSTS OF CARE
SHALL INCLUDE A SCHE DULE OF MONTHLY PAYMENTS TO BE PAID BY THE OWNER
OR CUSTODIAN TO THE CLERK OF THE COURT B EGINNING 30 DAYS AFTER THE
INITIAL PAYMENT DESI GNATED IN THE ORDER .
(II) THE PETITIONER SHALL BE ELIGIBLE TO DRAW FUNDS
HELD BY THE CLERK OF THE COURT TO REIMBUR SE ITS ACTUAL COS TS INCURRED
FOR CARE OF THE ANIM AL.
(III) PAYMENTS SHALL CONTIN UE UNTIL TERMINATION UNDER
SUBSECTION (I) OF THIS SECTION.
(IV) UNLESS THE PROCEEDING INVOLVES NOT MORE TH AN TWO
ANIMALS AND THE ONLY CHARGES ARE NEGLECT , THE ABILITY TO PAY B Y THE
OWNER OR CUSTODIAN M AY NOT AFFECT THE CO URT’S DETERMINATION AS T O THE
AMOUNT OF THE REASON ABLE COSTS OF CARE .
(3) (I) NOT LATER THAN 14 DAYS AFTER SERVICE O F THE COURT
ORDER, THE OWNER OR CUSTODI AN SHALL BEGIN TO MA KE PAYMENTS TO THE
CLERK OF THE COURT IN ACCORDANCE WITH T HE COURT ORDER .
(II) THE OWNER OR CUSTODIA N SHALL CONTINUE TO MAKE
PAYMENTS AS REQUIRED BY THE COURT ORDER U NTIL TERMINATION UND ER
SUBSECTION (I) OF THIS SECTION.
(4) IF AN OWNER OR A CUST ODIAN FAILS TO TIMEL Y PAY ANY OF THE
AMOUNTS ORDERED WITHIN 30 CALENDAR DAYS :
(I) THE SEIZED ANIMAL FO R WHICH REASONABLE C OSTS OF
CARE WERE ORDERED SH ALL BE AUTOMATICALLY FORFEITED, BY OPERATION OF
LAW, TO THE PETITIONER ; AND
(II) THE PETITIONER SHALL OBTAIN ALL RIGHTS AN D
PRIVILEGES IN A ND OVER THE ANIMAL . LAWRENCE J. HOGAN, JR., Governor Ch. 180
– 7 –
(5) (I) THE COURT, ON MOTION BY A PETIT IONER OR THE OWNER
OR CUSTODIAN , AND AFTER NOTICE AND A HEARING CONSISTENT WITH THIS
SECTION, MAY:
1. DETERMINE WHETHER TH E CONTINUED POSSESSI ON
OF THE ANIMAL BY THE PETITIONER IS WARRAN TED; OR
2. ADJUST THE AMOUNT OF COSTS FOR CARE .
(II) PAYMENTS BY THE OWNER OR CUSTODIAN SHALL B E
SUSPENDED UNTIL THE MOTION IS DECIDED .
(H) (1) (I) PAYMENT FOR REASONABLE COSTS OF CARE BY THE OWNER
OR CUSTODIAN OF THE SEIZED ANIMAL DOES N OT PREVENT THE PETIT IONER FROM
PROVIDING NECESSARY MEDICAL CARE , INCLUDING EUTHANIZIN G THE SEIZED
ANIMAL.
(II) THE PETITIONER MAY EU THANIZE A SEIZED ANI MAL IF THE
PETITIONER OBTAINS A WRITTEN OP INION FROM A LOCAL L ICENSED VETERINARIAN
WHO STATES IT IS NEC ESSARY TO ALLEVIATE THE ANIMAL’S SUFFERING.
(III) UNLESS IMMEDIATE EUTH ANASIA IS CONSIDERED
NECESSARY BY A VETER INARIAN UNDER SUBPAR AGRAPH (II) OF THIS PARAGRAPH ,
REASONABLE NOTICE SH ALL BE PROVIDED TO T HE OWNER OR CUSTODIA N BEFORE
THE ANIMAL IS EUTHAN IZED.
(2) PAYMENT OF REASONABLE COSTS OF CARE UNDER SUBSECTION
(G) OF THIS SECTION MAY NOT PREVENT THE PETI TIONER FROM TRANSFER RING
THE SEIZED ANIMAL TO ANOTHER FAC ILITY OR CARETAKER I F THE COURT IS
NOTIFIED OF THE TRAN SFER IN A TIMELY MAN NER.
(I) (1) A COURT ORDER FOR COST S SHALL TERMINATE IF :
(I) THE OWNER OF THE ANI MAL SURRENDERS ALL R IGHTS TO
THE ANIMAL;
(II) THE ANIMAL IS FORFEI TED TO THE PETITIONE R UNDER §
10–615(E) OF THIS SUBTITLE OR SUBSECTION (G)(4) OR (L) OF THIS SECTION; OR
(III) THE ANIMAL DIES OR I S EUTHANIZED.
Ch. 180 2022 LAWS OF MARYLAND
– 8 –
(2) AFTER TERMINATION OF THE ORDER , ANY UNUSED FUNDS
RETAINED BY THE CLER K OF THE COURT SHALL BE RETURNE D TO THE OWNER OR
CUSTODIAN OF THE ANI MAL.
(J) A PETITIONER SHALL BE IMMUNE FROM CIVIL LI ABILITY FOR DAMAGES
ALLEGED BY AN OWNER OR A CUSTODIAN CONCE RNING THE CARE PROVI DED BY THE
PETITIONER, EXCEPT FOR INTENTION AL MISCONDUCT OR GRO SS NEGLIGENCE
RESULTING IN THE DEA TH OF THE SEIZED ANI MAL.
(K) IF THE OWNER OR CUSTO DIAN OF THE SEIZED A NIMAL IS ACQUITTED O F
ALL CRIMINAL CHARGES AND IF ALL COSTS ORD ERED TO BE PAID UNDE R THIS
SECTION HAVE BEEN TI MELY PAID, THE OWNER OR CUSTODI AN OF THE ANIMAL IS
ENTITLED TO:
(1) TAKE REPOSSESSION OF THE ANIMAL; AND
(2) A RETURN OF ALL REAS ONABLE COSTS OF CARE PAID BY THE
OWNER OR CUSTODIAN .
(L) IF THE OWNER OR CUSTO DIAN OF THE SEIZED A NIMAL IS CONVICTED O F
ANY CRIMINAL CHARGES BROUGHT IN RELATION TO A SEIZURE UNDER § 10–615 OF
THIS SUBTITLE, ANY ANIMALS SEIZED S HALL BE FORFEITED .
(M) THIS SECTION MAY NOT BE CONSTRUED TO PREV ENT AN OFFICER OR
AUTHORIZED AGENT OF A HUMANE SOCIETY , OR A POLICE OFFICER OR OTHER
PUBLIC OFFICIAL REQU IRED TO PROTECT AN IMALS, FROM SEEKING RESTITU TION
AS PART OF SENTENCIN G IF A PERSON DOES N OT SEEK COSTS OF CAR E UNDER THIS
SECTION.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2022.
Approved by the Governor, April 21, 2022.