EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0877*
SENATE BILL 877
E1, E2 2lr1157
SB 760/21 – JPR CF 2lr1158
By: Senator Waldstreicher
Introduced and read first time: February 7, 2022
Assigned to: Judicial Proceedings
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 GE NERAL ASSEMBLY OF 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 SENATE BILL 877
(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 SENATE BILL 877 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 PET ITION FOR RETURN OF THE ANIMAL, AN OFFICER OR 23
AUTHORIZED AGENT OF A HUMANE SOCIETY , OR A POLICE OFFICER OR ANY OTHER 24
PUBLIC OFFICIAL REQUIRED TO PROTECT ANIMALS WHO REPRESENTS THE SEIZI NG 25
PERSON, MAY FILE A PETITION TO JOIN A PROCEEDING CONDUCTED UNDER § 26
10–615(D)(2) OF THIS SUBTITLE FOR THE REASONABLE C OSTS OF CARING FOR T HE 27
ANIMAL, INCLUDING THE PROVIS ION OF FOOD, WATER, SHELTER, AND MEDICAL 28
CARE. 29
(2) A PETITION FILED UNDER PARAGRAP H (1) OF THIS SUBSECTION 30
SHALL BE FILED NOT LESS THAN 10 DAYS BUT NOT MORE TH AN 30 DAYS AFTER THE 31 4 SENATE BILL 877
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 OF THE ANI MAL BY PERSONAL SERV ICE OR BY 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 PRETRIAL, THE 9
DETENTION FACILITY W HERE THE OWNER OR CU STODIAN IS LOCATED . 10
(C) ON RECEIPT OF A PETIT ION FILED UNDER § 10–615(D)(2) OF THIS 11
SUBTITLE OR SUBSECTION (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 A NIMAL WAS WARRANTED ; 14
(2) WHETHER THE CONTINUED POSSES SION BY THE PETITION ER 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 CU STODIAN MAY BE ALLOWED TO OWN 19
OR POSSESS A NEW ANI MAL DURING THE PENDI NG PROCEEDING AND UN TIL 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 THAN 21 DAYS FROM THE 23
SERVICE OF THE PETIT ION. 24
(2) WITHIN 7 DAYS AFTER THE SCHED ULING OF THE HEARING DATE, 25
A PETITIONER SHALL SER VE NOTICE OF THE HEA RING DATE ON THE OWN ER OR 26
CUSTODIAN OF THE SEI ZED ANIMAL IN THE MANNER DESCRI BED UNDER 27
SUBSECTION (B)(3) OF THIS SECTION. 28
(E) AT THE HEARING UNDER SUBSECTION (C) OF THIS SECTION , THE 29
PETITIONER SHALL DEM ONSTRATE BY A PREPONDERANCE O F THE EVIDENCE : 30
SENATE BILL 877 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 P OSSESSION 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 EVIDENCE PRESENTED B Y 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 S UBSECTION (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 MEDICAL CAR E MAY NOT EXCEED $50 PER DAY 18
PER ANIMAL. 19
(IV) IF THE COURT AWARDS PAYMENT OF THE REASO NABLE 20
COST OF CARE OF THE SEIZED ANIMAL TO THE PETITIONER, THE COURT SHALL : 21
1. ORDER THE OWNER OR C USTODIAN OF THE SEIZED 22
ANIMAL TO PAY ANY FI LING FEES PAID BY TH E 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 O R CUSTODIAN OF THE ANIMAL 26
OF THE RIGHT TO PETITIO N FOR AN ADJUSTMENT 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 PROHIBIT THE OWNER OR CUSTODI AN OF THE 30
ANIMAL FROM OWNING OR POSSESSING A NEW ANIMAL UNTIL THE CON CLUSION OF 31 6 SENATE BILL 877
ANY CRIMINAL PROCEED INGS RELATED TO THE SEIZURE OF THE ANIMA L. 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 BEGINNING 30 DAYS AFTER THE 4
INITIAL PAYMENT DESI GNATED 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 ANIMAL. 8
(III) PAYMENTS SHALL CONTIN UE UNTIL TERMINATION UNDER 9
SUBSECTION (I) OF THIS SECTION. 10
(IV) UNLESS THE PROCEEDING INVOLVES NOT MORE THAN TWO 11
ANIMALS AND THE ONLY CHARGES ARE NEGLECT, THE ABILITY TO PAY BY THE 12
OWNER OR CUSTODIAN M AY NOT AFFECT THE CO URT’S DETERMINATION AS TO 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 IN ACCORDANCE WITH T HE COURT ORDER . 17
(II) THE OWNER OR CUSTODIA N SHALL CONTINUE TO MAKE 18
PAYMENTS AS REQUIRED BY THE COURT ORDER U NTIL TERMINATION UND ER 19
SUBSECTION (I) OF THIS SECTION. 20
(4) IF AN OWNER OR A CUSTODIAN FAILS TO T IMELY PAY ANY OF THE 21
AMOUNTS ORDERED WITHIN 30 CALENDAR DAYS : 22
(I) THE SEIZED ANIMAL FO R WHICH REASONABLE C OSTS OF 23
CARE WERE ORDERED SH ALL BE AUTOMATICALLY FORFEITED, 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 PETITION ER OR THE OWNER 28
OR CUSTODIAN , AND AFTER NOTICE AND A HEARING CONSISTENT W ITH 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 SENATE BILL 877 7
(H) (1) (I) PAYMENT FOR REASONABL E COSTS OF CARE BY T HE OWNER 1
OR CUSTODIAN OF THE SEIZED ANIMAL DOES N OT PREVENT THE PETIT IONER 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 VETERINARIA N 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 SUBPARAGRAPH (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 T RANSFERRING 13
THE SEIZED ANIMAL TO ANOTHER FACILITY OR CARETAKER IF THE COURT IS 14
NOTIFIED OF THE TRANSFER 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 CONCE RNING THE CARE PROVI DED BY THE 26
PETITIONER, EXCEPT FOR INTENTION AL MISCONDUCT OR GRO SS NEGLIGENCE 27
RESULTING IN THE DEA TH OF THE SEIZED ANIMAL . 28
(K) IF THE OWNER OR CUSTODIAN OF THE SEIZED ANIMAL IS ACQUITTED OF 29
ALL CRIMINAL CHARGES AND IF ALL COSTS ORD ERED TO BE PAID UNDE R THIS 30
SECTION HAVE BEEN TI MELY PAID, THE OWNER OR CUSTODI AN OF THE ANIMAL IS 31
ENTITLED TO: 32 8 SENATE BILL 877
(1) TAKE REPOSSESSION OF THE ANIM AL; AND 1
(2) A RETURN OF ALL REASONABLE COSTS OF CARE PAID B Y THE 2
OWNER OR CUSTODIAN . 3
(L) IF THE OWNER OR CUSTO DIAN OF THE SEIZED A NIMAL IS CONVICTED O F 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 PREVENT AN OFFICE R OR 7
AUTHORIZED AGENT OF A HUMANE 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 NOT SEEK COSTS OF CARE UNDER THIS 10
SECTION. 11
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 12
October 1, 2022. 13