02-18 12:19 1st Sub. (Buff) H.B. 461
Verona Mauga proposes the following substitute bill:
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Animal Crime Victim Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Verona Mauga
Senate Sponsor:
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LONG TITLE
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General Description:
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This bill modifies provisions related to the release and forfeiture of an animal that is being
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held because of abuse or involvement in a crime.
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Highlighted Provisions:
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This bill:
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▸ provides a process to permit, while legal resolution of a crime is ongoing, the release or
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transfer of an animal being held in a shelter because the animal was abused or was
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involved in a crime;
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▸ establishes a criminal penalty for unlawfully giving an individual access to an animal that
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the individual has legally forfeited ownership of due to abuse or a crime involving the
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animal;
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▸ permits a peace officer in possession of a warrant to enter premises or a vehicle to aid or
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take custody of an animal that is being criminally mistreated or is associated with a
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crime;
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▸ requires notice to the owner or possessor of the animal;
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▸ permits a shelter or government counsel to file a motion to have a court review whether
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an animal being held in a shelter due to criminal activity should be forfeited or
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transferred to alternative care;
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▸ provides procedures for the hearing and the court's determination, and permits the
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animal's owner to be heard as part of the hearing;
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▸ provides procedures for placement of the animal if the court orders ownership of the
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animal to be forfeited;
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▸ permits a court to order an animal owner to pay for the costs of sheltering an animal due
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to the owner's criminal activity;
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▸ permits a court to order an individual who has abused an animal or involved an animal in
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criminal activity to complete an educational or animal cruelty prevention program;
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▸ provides cross references for the forfeiture procedure; and
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▸ makes technical changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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76-9-301.6, as last amended by Laws of Utah 2008, Chapter 292
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76-9-305, as last amended by Laws of Utah 1977, Chapter 87
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ENACTS:
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76-9-305.5, Utah Code Annotated 1953
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77-11a-206, Utah Code Annotated 1953
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77-11a-207, Utah Code Annotated 1953
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78B-6-2701, Utah Code Annotated 1953
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78B-6-2702, Utah Code Annotated 1953
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78B-6-2703, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 76-9-301.6 is amended to read:
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76-9-301.6 . Dog fighting exhibition -- Authority to arrest and take possession of
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dogs and property -- Disposition.
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(1) A peace officer as defined in Title 53, Chapter 13, Peace Officer Classifications, may
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enter any place, building, or tenement where an exhibition of dog fighting is occurring,
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or where preparations are being made for such an exhibition and, without a warrant,
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arrest all persons present.
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(2)(a) Notwithstanding the provisions of Section 76-9-305, any authorized officer who
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makes an arrest under Subsection (1) may lawfully take possession of all dogs,
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paraphernalia, implements, or other property or things used or employed, or to be
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employed, in an exhibition of dog fighting prohibited by Subsection 76-9-301(2)(e)
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or Section 76-9-301.1.
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(b) The officer, at the time of the taking of property pursuant to Subsection (2)(a), shall
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state [his] the officer's name and provide other identifying information to the person
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in charge of the dogs or property taken.
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(3)(a) After taking possession of dogs, paraphernalia, implements, or other property or
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things under Subsection (2), the officer shall file an affidavit with the judge or
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magistrate before whom a complaint has been made against any person arrested
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under this section.
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(b) The affidavit shall include:
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(i) the name of the person charged in the complaint;
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(ii) a description of all property taken;
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(iii) the time and place of the taking of the property;
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(iv) the name of the person from whom the property was taken;
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(v) the name of the person who claims to own the property, if known; and
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(vi) a statement that the officer has reason to believe and believes that the property
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taken was used or employed, or was to be used or employed, in violation of
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Section 76-9-301 or 76-9-301.1, and the grounds for the belief.
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(4)(a) The officer shall deliver the confiscated property to the judge or magistrate who
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shall, by order, place the property in the custody of the officer or any other person
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designated in the order, and that person shall keep the property until:
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(i) if the property is an animal, the animal is impounded or forfeited according to the
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procedures under Section 77-11a-206, Section 77-11a-207, or Title 78B, Chapter
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6, Part 27, Petition for Forfeiture of Animal Held in Connection with a Crime or
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Abuse; or
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(ii) the conviction or final discharge of the person against whom the complaint was
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made.
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(b) The person designated in Subsection (4)(a) shall assume immediate custody of the
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property, and retain the property until further order of the court.
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(c) Upon conviction of the person charged, all confiscated property shall be forfeited and
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destroyed or otherwise disposed of, as the court may order.
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(d) If the person charged is acquitted or discharged without conviction, the court shall,
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on demand, order the property to be returned to its owner.
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Section 2. Section 76-9-305 is amended to read:
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76-9-305 . Officer's authority to take possession of animals -- Lien for care --
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Disposition of animal.
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(1) Any law enforcement officer may take possession of any animals being treated cruelly
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and, after reasonable efforts to notify the owner, may provide shelter and care for them
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or upon permission from the owner may destroy them.
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(2) Officers caring for animals pursuant to this section have a lien for the reasonable value
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of the care and/or destruction. Any court upon proof that the owner has been notified of
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the lien and amount due, at least five days prior, shall order the animal sold at public
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auction or destroyed.
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(3) Any law enforcement officer may humanely destroy any animal found suffering past
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recovery for any useful purpose. Before destroying the animal the officer shall obtain the
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judgment to the effect of a veterinarian, or of two reputable citizens called by him to
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view the animal in his presence, or shall obtain consent to the destruction from the
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owner of the animal.
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(4) An animal that is associated with a crime or an animal abuse charge may be eligible for
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forfeiture or release under Section 77-11a-207 or Title 78B, Chapter 6, Part 27, Petition
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for Forfeiture of Animal Held in Connection with a Crime or Abuse.
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Section 3. Section 76-9-305.5 is enacted to read:
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76-9-305.5 . Encouraging animal abuse.
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(1) A person commits the crime of encouraging animal abuse if the actor:
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(a) obtains a previously abused, neglected, or abandoned animal pursuant to Section
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77-11a-207 or Title 78B, Chapter 6, Part 27, Petition for Forfeiture of Animal Held in
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Connection with a Crime or Abuse; and
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(b) knowingly allows the person from whom the animal was forfeited to possess the
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animal.
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(2) Encouraging animal abuse is a class C misdemeanor.
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Section 4. Section 77-11a-206 is enacted to read:
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77-11a-206 . Authority to enter and impound animal -- Order of impoundment.
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(1) If there is probable cause to believe that any animal is being subjected to treatment in
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violation of Section 76-9-301, 76-9-301.1, 76-9-301.3, 76-9-301.7, 76-9-301.8, or
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76-9-304, a peace officer, after obtaining a search warrant or in any other manner
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authorized by law, may enter the premises or motor vehicle where the animal is located
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to provide the animal with food, water, and emergency medical treatment, and may
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impound the animal.
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(2) If the peace officer impounds the animal and, after reasonable effort, the owner or
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person having custody of the animal cannot be found and notified of the impoundment,
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notice of the impoundment shall be:
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(a) conspicuously posted on the premises or motor vehicle; and
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(b) sent by certified mail within 72 hours after the impoundment to the address where
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the animal was impounded.
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(3) A peace officer is not liable for any damages for an entry under Subsection (1), unless
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the damages were caused by the unnecessary actions of the peace officer that were
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intentional or reckless.
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(4)(a) A court may order an animal impounded under this section to be held at an animal
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shelter.
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(b) A facility receiving the animal shall provide adequate food and water and may
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provide veterinary care.
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Section 5. Section 77-11a-207 is enacted to read:
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77-11a-207 . Forfeiture of rights to mistreated animal upon conviction --
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Placement of animal -- Additional obligations or educational requirements.
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(1) As used in this section, "minimum care" means the following, taking into account the
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species, age, and physical condition of the animal:
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(a) appropriate and essential food and water;
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(b) adequate protection, including appropriate shelter, against extreme weather
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conditions; and
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(c) other essential care as may be determined by the animal shelter or court.
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(2)(a) In addition to and not in lieu of any other sentence it may impose, a court may,
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prior to sentencing, require an animal owner who is convicted under Section 76-9-301,
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76-9-301.1, 76-9-301.3, 76-9-301.7, 76-9-301.8, or 76-9-304 to forfeit any rights in
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the animal subjected to the violation, and to repay the reasonable costs incurred in
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caring for each animal associated with the criminal proceeding by a government
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agency, animal shelter, or an agent of the government agency or animal shelter.
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(b) If a government agency, an animal shelter, or an agent of the government agency or
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animal shelter provides care and treatment for impounded or seized animals, a court
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that orders a convicted animal owner to repay reasonable costs of care may not
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reduce the incurred cost amount based on the government agency or animal shelter
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having received donations or other funding for the care.
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(3)(a)(i) When a court orders an animal owner's rights in the animal to be forfeited as
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part of a criminal case, or pursuant to Title 78B, Chapter 6, Part 27, Petition for
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Forfeiture of Animal Held in Connection with a Crime or Abuse, the court may
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further order that those rights be given over to an appropriate person or agency
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demonstrating a willingness to accept and care for the animal or to the county or
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an appropriate animal care agency for further disposition in accordance with
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accepted practices for humane treatment of animals.
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(ii) The court may not transfer the animal owner's rights in the animal to any person
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who resides with the animal owner.
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(b) This Subsection (3) does not limit the right of the person or agency to whom rights
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are granted to resell or otherwise make disposition of the animal.
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(c) A transfer of rights under this section constitutes a transfer of ownership.
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(d)(i) The court shall order that a person to whom rights are granted be required to
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execute an agreement to provide minimum care to the animal.
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(ii) The agreement shall indicate that allowing the former owner to possess the
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animal constitutes encouraging animal abuse, which is a crime under Section
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76-9-305.5.
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(4)(a) In addition to and not in lieu of any other sentence it may impose as part of a
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criminal case, a court may order:
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(i) the animal owner or person having custody of an animal to repay any reasonable
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costs incurred by the following entities for providing minimum care to the animal
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that are not included in a repayment order issued under Subsection (2):
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(A) a government agency or the government agency's agent; or
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(B) an animal shelter or the animal shelter's agent; and
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(ii) an individual convicted under Section 76-9-301, 76-9-301.1, 76-9-301.3,
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76-9-301.7, 76-9-301.8, or 76-9-304 to participate in animal cruelty prevention or
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education programs, if available, and to obtain an assessment and complete
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appropriate treatment for any mental health disorder that contributed to the
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commission of the crime.
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(b) The animal owner shall bear any costs incurred for participation in programs or
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treatment ordered by the court under Subsection (4)(a)(ii).
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Section 6. Section 78B-6-2701 is enacted to read:
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Part 27. Petition for Forfeiture of Animal Held in Connection with a Crime or Abuse
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78B-6-2701 . Definitions.
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As used in this part:
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(1) "Animal" means the same as that term is defined in Section 76-9-301.
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(2)(a) "Animal shelter" means a facility or program that provides services for stray, lost,
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impounded, or unwanted animals, including holding animals or placing them for
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adoption.
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(b) "Animal shelter" includes:
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(i) a publicly owned or managed facility or program; and
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(ii) a facility or program that operates using a municipal or government contract for
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animal services.
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(c) "Animal shelter" does not include a private humane society or private animal welfare
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organization.
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(3) "Minimum care" means the following, taking into account the species, age, and physical
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condition of the animal:
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(a) appropriate and essential food and water;
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(b) adequate protection, including appropriate shelter, against extreme weather
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conditions; and
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(c) other essential care as may be determined by the animal shelter or court.
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Section 7. Section 78B-6-2702 is enacted to read:
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78B-6-2702 . Forfeiture of animal before disposition of criminal action -- Petition
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-- Notice -- Hearing.
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(1)(a) If an animal is impounded under Section 76-9-301.6 or Section 77-11b-502, or is
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otherwise being held by an animal shelter or any other animal care facility pending
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outcome of a criminal action charging a violation of Section 76-9-301, 76-9-301.1,
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76-9-301.3, 76-9-301.7, 76-9-301.8, or 76-9-304, a person may bring a cause of
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action in court by filing a petition, requesting that the court issue an order that the
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owner forfeit ownership of an animal or animals before the final disposition of the
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criminal action.
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(b) A petition may be filed and heard regardless of whether the specific animal is the
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subject of a criminal charge or named in the charging instrument in the criminal
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action.
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(c) As part of the petition, the petitioner shall include:
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(i) a description of the impounded animal or animals;
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(ii) the name of the owner or reputed owner of the impounded animal or animals;
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(iii) the location from which the animal or animals were impounded; and
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(iv) a statement verifying that the petitioner has provided a copy of the petition to the
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prosecuting attorney.
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(d) The petitioner shall serve the owner and any other potential claimant pursuant to
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Rule 4 of the Utah Rules of Civil Procedure.
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(2) Upon receipt of a petition and proof of service, the court shall set a hearing on the
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petition as soon as is practicable.
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(3)(a) At a hearing conducted pursuant to the requirements of this section, the petitioner
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shall have the burden of establishing, by a preponderance of the evidence, that:
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(i) the animal was subjected to a violation of, or seized in connection with another
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animal that was subjected to a violation of, Section 76-9-301, 76-9-301.1,
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76-9-301.3, 76-9-301.7, 76-9-301.8, or 76-9-304; and
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(ii) the animal owner should forfeit the animal owner's ownership of the animal.
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(b) If the court finds by a preponderance of the evidence that the requirements of
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Subsection (3)(a) have been met, the court:
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(i) shall order immediate forfeiture of the animal to the petitioner, a person
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designated by the petition, or to an appropriate person or agency; and
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(ii) may order any relief consistent with Subsection 77-11a-207(3).
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Section 8. Section 78B-6-2703 is enacted to read:
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78B-6-2703 . Placement of forfeited animal.
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(1) If an animal is forfeited according to the provisions of this part, the person or animal
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shelter to which the animal was forfeited may place the animal with a new owner.
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(2) Placement preference may be given to any person who had prior contact with the
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animal, including family members or friends of the former owner whom the court or the
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person or animal agency having custody of the animal determines are capable of
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providing necessary, adequate, and appropriate levels of care for the animal.
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(3) Notwithstanding any other provision of this section, an animal may not be placed with:
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(a) a person who aided or abetted the criminal conduct underlying the forfeiture or had
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knowledge of the criminal conduct and failed to intervene; or
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(b) a person who resides with the former owner of the animal.
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(4)(a) As a condition of placement, the new owner shall execute an agreement to provide
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minimum care to the animal.
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(b) The agreement must contain notice that allowing the former owner to possess the
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animal constitutes encouraging animal abuse, which is a crime under Section
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76-9-305.5.
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Section 9. Effective Date.
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This bill takes effect on May 7, 2025.
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