Maryland 2022 Regular Session

Maryland Senate Bill SB877 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0877
6	6
7	7	SENATE BILL 877
8	8	E1, E2 2lr1157
9	9	SB 760/21 – JPR CF 2lr1158
10	10	By: Senator Waldstreicher
11	11	Introduced and read first time: February 7, 2022
12	12	Assigned to: Judicial Proceedings
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Criminal Law – Animal Cruelty – Petition for Costs for Care of Seized Animal 2
19	19
20	20	FOR the purpose of establishing procedures to authorize a certain officer or agent of a 3
21	21	humane society or a police officer or certain public official to file a petition to recover 4
22	22	reasonable costs of care from the owner or custodian of a certain seized animal; and 5
23	23	generally relating to animal cruelty. 6
24	24
25	25	BY repealing and reenacting, with amendments, 7
26	26	Article – Criminal Law 8
27	27	Section 10–615 9
28	28	Annotated Code of Maryland 10
29	29	(2021 Replacement Volume and 2021 Supplement) 11
30	30
31	31	BY adding to 12
32	32	Article – Criminal Law 13
33	33	Section 10–615.1 14
34	34	Annotated Code of Maryland 15
35	35	(2021 Replacement Volume and 2021 Supplement) 16
36	36
37	37	SECTION 1. BE IT ENACTED BY THE GE NERAL ASSEMBLY OF MARYLAND, 17
38	38	That the Laws of Maryland read as follows: 18
39	39
40	40	Article – Criminal Law 19
41	41
42	42	10–615. 20
43	43
44	44	(a) If an owner or custodian of an animal is convicted of an act of animal cruelty, 21
45	45	the court may order the [removal] SEIZURE of the animal or any other animal at the time 22
46	46	of conviction for the protection of the animal. 23
47	47	2 SENATE BILL 877
48	48
49	49
50	50	(b) (1) An officer or authorized agent of a humane society, or a police officer or 1
51	51	other public official required to protect animals may seize an animal if necessary to protect 2
52	52	the animal from cruelty. 3
53	53
54	54	(2) (i) An animal that a medical and scientific research facility 4
55	55	possesses may be [removed] SEIZED under this subsection only after review by and a 5
56	56	recommendation from the Maryland Department of Health, Center for Veterinary Public 6
57	57	Health. 7
58	58
59	59	(ii) The Maryland Department of Health shall: 8
60	60
61	61	1. conduct an investigation within 24 hours after receiving a 9
62	62	complaint; and 10
63	63
64	64	2. within 24 hours after completing the investigation, report 11
65	65	to the State’s Attorney for the county in which the facility is situated. 12
66	66
67	67	(c) (1) If an animal is impounded, yarded, or confined without necessary food, 13
68	68	water, or proper attention, is subject to cruelty, or is neglected, an officer or authorized 14
69	69	agent of a humane society, a police officer, another public official required to protect 15
70	70	animals, or any invited and accompanying veterinarian licensed in the State, may: 16
71	71
72	72	(i) enter the place where the animal is located and supply the 17
73	73	animal with necessary food, water, and attention; or 18
74	74
75	75	(ii) [remove] SEIZE the animal if [removal] SEIZURE is necessary 19
76	76	for the health of the animal. 20
77	77
78	78	(2) A person who enters a place under paragraph (1) of this subsection is 21
79	79	not liable because of the entry. 22
80	80
81	81	(d) (1) A person who [removes] SEIZES an animal under subsection (c) of this 23
82	82	section shall notify the animal’s owner or custodian BY PERSONAL SERVICE OR 24
83	83	CERTIFIED MAIL WITHIN 24 HOURS of: 25
84	84
85	85	(i) the [removal] SEIZURE; and 26
86	86
87	87	(ii) any administrative remedies that may be available to the owner 27
88	88	or custodian. 28
89	89
90	90	(2) If an administrative remedy is not available, the owner or custodian 29
91	91	may file a petition for the return of the animal in the District Court of the county in which 30
92	92	the [removal] SEIZURE occurred within 10 days after the [removal] SEIZURE. 31
93	93
94	94	(e) An animal is considered a stray AND WILL BE FORFEITE D TO A PERSON 32
95	95	WHO IS AUTHORIZED TO SEIZE THE ANIMAL if: 33 SENATE BILL 877 3
96	96
97	97
98	98
99	99	(1) an owner or custodian of the animal was notified under subsection (d) 1
100	100	of this section and failed to file a petition within 10 days after [removal] SEIZURE; or 2
101	101
102	102	(2) the owner or custodian of the animal is unknown and cannot be 3
103	103	ascertained by reasonable effort for [20 days] 72 HOURS to determine the owner or 4
104	104	custodian. 5
105	105
106	106	(f) This section does not allow: 6
107	107
108	108	(1) entry into a private dwelling; or 7
109	109
110	110	(2) [removal of a farm animal] without the prior recommendation of a 8
111	111	veterinarian licensed in the State, SEIZURE OF: 9
112	112
113	113	(I) LIVESTOCK, AS DEFINED BY § 1–101 OF THE AGRICULTURE 10
114	114	ARTICLE; 11
115	115
116	116	(II) POULTRY, AS DEFINED BY § 1–101 OF THE AGRICULTURE 12
117	117	ARTICLE; OR 13
118	118
119	119	(III) A DOG THAT IS ACTIVE LY ENGAGED IN LIVEST OCK HERDING 14
120	120	OR GUARDING . 15
121	121
122	122	(g) In Baltimore County, the Baltimore County Department of Health, Division 16
123	123	of Animal Control or an organization that the Baltimore County government approves shall 17
124	124	enforce this section. 18
125	125
126	126	10–615.1. 19
127	127
128	128	(A) IN THIS SECTION, “OWNER” MEANS A PERSON WHO C AN PROVE LEGAL 20
129	129	TITLE TO OR OWNERSHI P OF AN ANIMAL AT IS SUE ON THE DATE OF T HE SEIZURE. 21
130	130
131	131	(B) (1) IF AN ANIMAL IS SEIZE D UNDER § 10–615 OF THIS SUBTITLE AND 22
132	132	THE OWNER HAS FILED A PET ITION FOR RETURN OF THE ANIMAL, AN OFFICER OR 23
133	133	AUTHORIZED AGENT OF A HUMANE SOCIETY , OR A POLICE OFFICER OR ANY OTHER 24
134	134	PUBLIC OFFICIAL REQUIRED TO PROTECT ANIMALS WHO REPRESENTS THE SEIZI NG 25
135	135	PERSON, MAY FILE A PETITION TO JOIN A PROCEEDING CONDUCTED UNDER § 26
136	136	10–615(D)(2) OF THIS SUBTITLE FOR THE REASONABLE C OSTS OF CARING FOR T HE 27
137	137	ANIMAL, INCLUDING THE PROVIS ION OF FOOD, WATER, SHELTER, AND MEDICAL 28
138	138	CARE. 29
139	139
140	140	(2) A PETITION FILED UNDER PARAGRAP H (1) OF THIS SUBSECTION 30
141	141	SHALL BE FILED NOT LESS THAN 10 DAYS BUT NOT MORE TH AN 30 DAYS AFTER THE 31 4 SENATE BILL 877
142	142
143	143
144	144	SEIZURE OF AN ANIMAL UNDER § 10–615 OF THIS SUBTITLE. 1
145	145
146	146	(3) WITHIN 7 DAYS AFTER FILING A PETITION UNDER THIS 2
147	147	SUBSECTION, THE PETITIONER SHALL SERVE A COPY OF THE PETITION ON THE 3
148	148	OWNER OR CUSTODIAN OF THE ANI MAL BY PERSONAL SERV ICE OR BY REGISTERED 4
149	149	MAIL TO: 5
150	150
151	151	(I) THE OWNER’S OR CUSTODIAN ’S MAILING ADDRESS ; 6
152	152
153	153	(II) THE PLACE OF BUSINES S OF THE OWNER ’S OR CUSTODIAN ’S 7
154	154	COUNSEL OF RECORD ; OR 8
155	155
156	156	(III) IF THE OWNER OR CUST ODIAN IS DETAINED PRETRIAL, THE 9
157	157	DETENTION FACILITY W HERE THE OWNER OR CU STODIAN IS LOCATED . 10
158	158
159	159	(C) ON RECEIPT OF A PETIT ION FILED UNDER § 10–615(D)(2) OF THIS 11
160	160	SUBTITLE OR SUBSECTION (B)(1) OF THIS SECTION, THE COURT SHALL SET A DATE 12
161	161	FOR A HEARING TO DET ERMINE: 13
162	162
163	163	(1) WHETHER THE SEIZURE OF THE A NIMAL WAS WARRANTED ; 14
164	164
165	165	(2) WHETHER THE CONTINUED POSSES SION BY THE PETITION ER IS 15
166	166	WARRANTED ; 16
167	167
168	168	(3) THE RESPONSIBILITY O F THE OWNER OR CUSTO DIAN FOR THE 17
169	169	REASONABLE COSTS OF CARE FOR THE SEIZED ANIMAL; AND 18
170	170
171	171	(4) WHETHER THE OWNER OR CU STODIAN MAY BE ALLOWED TO OWN 19
172	172	OR POSSESS A NEW ANI MAL DURING THE PENDI NG PROCEEDING AND UN TIL THE 20
173	173	DISPOSITION OF ANY C RIMINAL CHARGES RELA TING TO THE SEIZURE . 21
174	174
175	175	(D) (1) A HEARING UNDER SUBSEC TION (C) OF THIS SECTION SHAL L BE 22
176	176	SCHEDULED NOT LESS T HAN 14 DAYS BUT NOT MORE THAN 21 DAYS FROM THE 23
177	177	SERVICE OF THE PETIT ION. 24
178	178
179	179	(2) WITHIN 7 DAYS AFTER THE SCHED ULING OF THE HEARING DATE, 25
180	180	A PETITIONER SHALL SER VE NOTICE OF THE HEA RING DATE ON THE OWN ER OR 26
181	181	CUSTODIAN OF THE SEI ZED ANIMAL IN THE MANNER DESCRI BED UNDER 27
182	182	SUBSECTION (B)(3) OF THIS SECTION. 28
183	183
184	184	(E) AT THE HEARING UNDER SUBSECTION (C) OF THIS SECTION , THE 29
185	185	PETITIONER SHALL DEM ONSTRATE BY A PREPONDERANCE O F THE EVIDENCE : 30
186	186	SENATE BILL 877 5
187	187
188	188
189	189	(1) THE AMOUNT OF REASON ABLE COSTS OF CARE F OR THE SEIZED 1
190	190	ANIMAL; 2
191	191
192	192	(2) THAT THE SEIZURE OF THE ANIMAL WAS WARRA NTED; AND 3
193	193
194	194	(3) THAT THE CONTINUED P OSSESSION OF THE ANIMAL BY THE 4
195	195	PETITIONER IS WARRAN TED. 5
196	196
197	197	(F) DURING A HEARING UNDE R SUBSECTION (C) OF THIS SECTION , THE 6
198	198	OWNER OR CUSTODIAN O F THE SEIZED ANIMAL SHALL HAVE THE OPPOR TUNITY TO: 7
199	199
200	200	(1) OBJECT TO THE EVIDENCE PRESENTED B Y THE PETITIONER ; AND 8
201	201
202	202	(2) REQUEST AN ALTERNATI VE DISPOSITION OF TH E ANIMAL. 9
203	203
204	204	(G) (1) (I) NOT LATER THAN 5 DAYS AFTER THE COMME NCEMENT OF A 10
205	205	HEARING UNDER § 10–615(D)(2) OF THIS SUBTITLE OR S UBSECTION (B)(1) OF THIS 11
206	206	SECTION, THE COURT SHALL ISSU E AN ORDER GRANTING OR DENYING THE 12
207	207	PETITIONS. 13
208	208
209	209	(II) REASONABLE COSTS OF C ARE FOR A SEIZED ANI MAL SHALL 14
210	210	BE LIMITED TO $15 PER DAY PER ANIMAL , IN ADDITION TO NECES SARY MEDICAL 15
211	211	CARE, AS DETERMINED BY A L ICENSED VETERINARIAN AND DOCUMENTED BY 16
212	212	INVOICES. 17
213	213
214	214	(III) NECESSARY MEDICAL CAR E MAY NOT EXCEED $50 PER DAY 18
215	215	PER ANIMAL. 19
216	216
217	217	(IV) IF THE COURT AWARDS PAYMENT OF THE REASO NABLE 20
218	218	COST OF CARE OF THE SEIZED ANIMAL TO THE PETITIONER, THE COURT SHALL : 21
219	219
220	220	1. ORDER THE OWNER OR C USTODIAN OF THE SEIZED 22
221	221	ANIMAL TO PAY ANY FI LING FEES PAID BY TH E PETITIONER TO FILE THE PETITION 23
222	222	UNDER SUBSECTION (B) OF THIS SECTION AND THE AMOUNT OF REASON ABLE COSTS 24
223	223	OF CARE; AND 25
224	224
225	225	2. INFORM THE OWNER O R CUSTODIAN OF THE ANIMAL 26
226	226	OF THE RIGHT TO PETITIO N FOR AN ADJUSTMENT OF THE AMOUNT OF COSTS FOR 27
227	227	CARE UNDER PARAGRAPH (5) OF THIS SUBSECTION . 28
228	228
229	229	(V) IF THE COURT FINDS TH AT THE SEIZURE OF AN ANIMAL WAS 29
230	230	WARRANTED , THE COURT MAY PROHIBIT THE OWNER OR CUSTODI AN OF THE 30
231	231	ANIMAL FROM OWNING OR POSSESSING A NEW ANIMAL UNTIL THE CON CLUSION OF 31 6 SENATE BILL 877
232	232
233	233
234	234	ANY CRIMINAL PROCEED INGS RELATED TO THE SEIZURE OF THE ANIMA L. 1
235	235
236	236	(2) (I) THE COURT ORDER FOR F ILING FEES AND COSTS OF CARE 2
237	237	SHALL INCLUDE A SCHE DULE OF MONTHLY PAYM ENTS TO BE PAID BY T HE OWNER 3
238	238	OR CUSTODIAN TO THE CLERK OF THE COURT BEGINNING 30 DAYS AFTER THE 4
239	239	INITIAL PAYMENT DESI GNATED IN THE ORDER . 5
240	240
241	241	(II) THE PETITIONER SHALL BE ELIGIBLE TO DRAW FUNDS 6
242	242	HELD BY THE CLERK OF THE COURT TO REIMBUR SE ITS ACTUAL COSTS INCURRED 7
243	243	FOR CARE OF THE ANIMAL. 8
244	244
245	245	(III) PAYMENTS SHALL CONTIN UE UNTIL TERMINATION UNDER 9
246	246	SUBSECTION (I) OF THIS SECTION. 10
247	247
248	248	(IV) UNLESS THE PROCEEDING INVOLVES NOT MORE THAN TWO 11
249	249	ANIMALS AND THE ONLY CHARGES ARE NEGLECT, THE ABILITY TO PAY BY THE 12
250	250	OWNER OR CUSTODIAN M AY NOT AFFECT THE CO URT’S DETERMINATION AS TO THE 13
251	251	AMOUNT OF THE REASON ABLE COSTS OF CARE . 14
252	252
253	253	(3) (I) NOT LATER THAN 14 DAYS AFTER SERVICE O F THE COURT 15
254	254	ORDER, THE OWNER OR CUSTODI AN SHALL BEGIN TO MA KE PAYMENTS TO THE 16
255	255	CLERK OF THE COURT IN ACCORDANCE WITH T HE COURT ORDER . 17
256	256
257	257	(II) THE OWNER OR CUSTODIA N SHALL CONTINUE TO MAKE 18
258	258	PAYMENTS AS REQUIRED BY THE COURT ORDER U NTIL TERMINATION UND ER 19
259	259	SUBSECTION (I) OF THIS SECTION. 20
260	260
261	261	(4) IF AN OWNER OR A CUSTODIAN FAILS TO T IMELY PAY ANY OF THE 21
262	262	AMOUNTS ORDERED WITHIN 30 CALENDAR DAYS : 22
263	263
264	264	(I) THE SEIZED ANIMAL FO R WHICH REASONABLE C OSTS OF 23
265	265	CARE WERE ORDERED SH ALL BE AUTOMATICALLY FORFEITED, BY OPERATION OF 24
266	266	LAW, TO THE PETITIONER ; AND 25
267	267
268	268	(II) THE PETITIONER SHALL OBTAIN ALL RIGHTS AN D 26
269	269	PRIVILEGES IN AND OV ER THE ANIMAL . 27
270	270
271	271	(5) (I) THE COURT, ON MOTION BY A PETITION ER OR THE OWNER 28
272	272	OR CUSTODIAN , AND AFTER NOTICE AND A HEARING CONSISTENT W ITH THIS 29
273	273	SECTION, MAY ADJUST THE AMOUN T OF COSTS FOR CARE . 30
274	274
275	275	(II) PAYMENTS BY THE OWNER OR CUSTODIAN SHALL B E 31
276	276	SUSPENDED UNTIL THE MOTION IS DECIDED . 32 SENATE BILL 877 7
277	277
278	278
279	279
280	280	(H) (1) (I) PAYMENT FOR REASONABL E COSTS OF CARE BY T HE OWNER 1
281	281	OR CUSTODIAN OF THE SEIZED ANIMAL DOES N OT PREVENT THE PETIT IONER FROM 2
282	282	PROVIDING NECESSARY MEDICAL CARE , INCLUDING EUTHANIZIN G THE SEIZED 3
283	283	ANIMAL. 4
284	284
285	285	(II) THE PETITIONER MAY EU THANIZE A SEIZED ANI MAL IF THE 5
286	286	PETITIONER OBTAINS A WRITTEN OPINION FROM A LOCAL LICENSED VETERINARIA N 6
287	287	WHO STATES IT IS NEC ESSARY TO ALLEVIATE THE ANIMAL’S SUFFERING. 7
288	288
289	289	(III) UNLESS IMMEDIATE EUTH ANASIA IS CONSIDERED 8
290	290	NECESSARY BY A VETER INARIAN UNDER SUBPARAGRAPH (II) OF THIS PARAGRAPH , 9
291	291	REASONABLE NOTICE SH ALL BE PROVIDED TO T HE OWNER OR CUSTODIA N BEFORE 10
292	292	THE ANIMAL IS EUTHAN IZED. 11
293	293
294	294	(2) PAYMENT OF REASONABLE COSTS OF CARE UNDER SUBSECTION 12
295	295	(G) OF THIS SECTION MAY NOT PREVENT THE PETI TIONER FROM T RANSFERRING 13
296	296	THE SEIZED ANIMAL TO ANOTHER FACILITY OR CARETAKER IF THE COURT IS 14
297	297	NOTIFIED OF THE TRANSFER IN A TIMELY MANNER . 15
298	298
299	299	(I) (1) A COURT ORDER FOR COST S SHALL TERMINATE IF : 16
300	300
301	301	(I) THE OWNER OF THE ANI MAL SURRENDERS ALL R IGHTS TO 17
302	302	THE ANIMAL; 18
303	303
304	304	(II) THE ANIMAL IS FORFEI TED TO THE PETITIONE R UNDER § 19
305	305	10–615(E) OF THIS SUBTITLE; OR 20
306	306
307	307	(III) THE ANIMAL DIES OR I S EUTHANIZED. 21
308	308
309	309	(2) AFTER TERMINATION OF THE ORDER , ANY UNUSED FUNDS 22
310	310	RETAINED BY THE CLER K OF THE COURT SHALL BE RETURNED TO THE O WNER OR 23
311	311	CUSTODIAN OF THE ANI MAL. 24
312	312
313	313	(J) A PETITIONER SHALL BE IMMUNE FROM CIVIL LI ABILITY FOR DAMAGES 25
314	314	ALLEGED BY AN OWNER OR A CUSTODIAN CONCE RNING THE CARE PROVI DED BY THE 26
315	315	PETITIONER, EXCEPT FOR INTENTION AL MISCONDUCT OR GRO SS NEGLIGENCE 27
316	316	RESULTING IN THE DEA TH OF THE SEIZED ANIMAL . 28
317	317
318	318	(K) IF THE OWNER OR CUSTODIAN OF THE SEIZED ANIMAL IS ACQUITTED OF 29
319	319	ALL CRIMINAL CHARGES AND IF ALL COSTS ORD ERED TO BE PAID UNDE R THIS 30
320	320	SECTION HAVE BEEN TI MELY PAID, THE OWNER OR CUSTODI AN OF THE ANIMAL IS 31
321	321	ENTITLED TO: 32 8 SENATE BILL 877
322	322
323	323
324	324
325	325	(1) TAKE REPOSSESSION OF THE ANIM AL; AND 1
326	326
327	327	(2) A RETURN OF ALL REASONABLE COSTS OF CARE PAID B Y THE 2
328	328	OWNER OR CUSTODIAN . 3
329	329
330	330	(L) IF THE OWNER OR CUSTO DIAN OF THE SEIZED A NIMAL IS CONVICTED O F 4
331	331	ANY CRIMINAL CHARGES BROUGHT IN RELATION TO A SEIZURE UNDER § 10–615 OF 5
332	332	THIS SUBTITLE, ANY ANIMALS SEIZED S HALL BE FORFEITED . 6
333	333
334	334	(M) THIS SECTION MAY NOT BE CONSTRUED TO PREVENT AN OFFICE R OR 7
335	335	AUTHORIZED AGENT OF A HUMANE SOCIETY , OR A POLICE OFFICER OR OTHER 8
336	336	PUBLIC OFFICIAL REQU IRED TO PROTECT ANIM ALS, FROM SEEKING RESTITU TION 9
337	337	AS PART OF SENTENCIN G IF A PERSON DOES NOT SEEK COSTS OF CARE UNDER THIS 10
338	338	SECTION. 11
339	339
340	340	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 12
341	341	October 1, 2022. 13
342	342