2006 Legislation
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SENATE BILL NO. 1396 – Animal cruelty, penalties, treatmnt

SENATE BILL NO. 1396

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S1396................................................by JUDICIARY AND RULES
ANIMAL CRUELTY - Adds to and amends existing law relating to animal cruelty
to provide for enforcement by law enforcement agencies and animal care and
control agencies; to provide enforcement restrictions; to provide for
possession and care of cruelly treated animals; to revise duties for
officers relating to animals carried in a cruel manner; to provide that law
enforcement officers and animal care and control officers shall have
specified duties relating to abandoned and neglected animals and the humane
destruction of abandoned animals; to provide that law enforcement officers
and animal care and control officers are authorized to take certain action
relating to other cruelly treated animals; to provide for the termination
of violators' rights to animals; to provide for the award of such animals
to certain organizations or agencies; to provide for the seizure of certain
animals; to provide that the owners or keepers of seized animals shall be
liable for reasonable costs; to provide a forfeiture process; to provide
for security deposits and bonds; to provide for the disposition of seized
animals; to provide for liability of certain unpaid costs; and to provide
that certain animals be euthanized.
                                                                        
02/14    Senate intro - 1st rdg - to printing
02/15    Rpt prt - to Agric Aff
02/23    Rpt out - rec d/p - to 2nd rdg
02/24    2nd rdg - to 3rd rdg
02/27    3rd rdg - PASSED - 31-3-1
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
      Lodge, Malepeai, Marley, McGee, McKenzie, Richardson, Schroeder,
      Stegner, Stennett, Werk, Williams
      NAYS -- Fulcher, Pearce, Sweet
      Absent and excused -- Gannon
    Floor Sponsors - Kelly & Corder
    Title apvd - to House
02/28    House intro - 1st rdg - to Agric Aff
03/07    Rpt out - rec d/p - to 2nd rdg
03/08    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 61-2-7
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Block, Boe, Bolz, Brackett, Bradford, Cannon,
      Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Hart, Harwood, Henbest, Henderson,
      Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
      McGeachin, Miller, Mitchell, Moyle, Nielsen, Nonini, Pence, Raybould,
      Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer,
      Shepherd(2), Shirley, Skippen, Smith(30), Smith(24), Smylie,
      Snodgrass, Stevenson, Trail
      NAYS -- McKague, Shepherd(8)
      Absent and excused -- Black, Crow, Garrett, Pasley-Stuart, Wills,
      Wood, Mr. Speaker
    Floor Sponsor - Skippen
    Title apvd - to Senate
03/17    To enrol
03/20    Rpt enrol - Pres signed - Sp signed
03/21    To Governor
03/22    Governor signed
         Session Law Chapter 170
         Effective: 07/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1396
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ANIMAL CRUELTY; AMENDING SECTION 25-3501, IDAHO CODE,  TO  PROVIDE
  3        CORRECT  TERMINOLOGY  AND  TO CLARIFY THE AUTHORITY OF CERTAIN AGENCIES OR
  4        ENTITIES; AMENDING CHAPTER 35, TITLE 25, IDAHO CODE, BY THE ADDITION OF  A
  5        NEW  SECTION  25-3501A,  IDAHO  CODE,  TO  PROVIDE  FOR ENFORCEMENT BY LAW
  6        ENFORCEMENT AGENCIES AND ANIMAL CARE AND CONTROL AGENCIES AND  TO  PROVIDE
  7        ENFORCEMENT  RESTRICTIONS; AMENDING SECTION 25-3502, IDAHO CODE, TO DEFINE
  8        ADDITIONAL TERMS; AMENDING SECTION 25-3504, IDAHO CODE, TO PROVIDE FOR THE
  9        POSSESSION AND CARE OF CRUELLY TREATED ANIMALS BY LAW ENFORCEMENT OFFICERS
 10        AND ANIMAL CARE AND CONTROL  OFFICERS;  AMENDING  SECTION  25-3505,  IDAHO
 11        CODE, TO REVISE DUTIES FOR OFFICERS RELATING TO ANIMALS CARRIED IN A CRUEL
 12        MANNER AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 25-3511, IDAHO
 13        CODE, TO PROVIDE THAT LAW ENFORCEMENT OFFICERS AND ANIMAL CARE AND CONTROL
 14        OFFICERS  SHALL  HAVE SPECIFIED DUTIES RELATING TO ABANDONED AND NEGLECTED
 15        ANIMALS AND THE HUMANE DESTRUCTION OF ABANDONED ANIMALS, TO  PROVIDE  THAT
 16        LAW  ENFORCEMENT  OFFICERS AND ANIMAL CARE AND CONTROL OFFICERS ARE AUTHO-
 17        RIZED TO TAKE CERTAIN ACTIONS RELATING TO OTHER  CRUELLY  TREATED  ANIMALS
 18        AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 25-3520A, IDAHO CODE,
 19        TO PROVIDE FOR THE TERMINATION OF VIOLATORS' RIGHTS TO ANIMALS, TO PROVIDE
 20        FOR  THE AWARD OF SUCH ANIMALS TO CERTAIN ORGANIZATIONS OR AGENCIES AND TO
 21        PROVIDE FOR THE AUTHORITY OF RECIPIENTS  OF  SUCH  ANIMALS;  AND  AMENDING
 22        CHAPTER  35,  TITLE  25,  IDAHO  CODE,  BY  THE  ADDITION OF A NEW SECTION
 23        25-3520B, IDAHO CODE, TO PROVIDE FOR THE SEIZURE OF  CERTAIN  ANIMALS,  TO
 24        PROVIDE  THAT  THE OWNERS OR KEEPERS OF SEIZED ANIMALS SHALL BE LIABLE FOR
 25        REASONABLE COSTS, TO PROVIDE A FORFEITURE PROCESS, TO PROVIDE FOR SECURITY
 26        DEPOSITS AND BONDS, TO PROVIDE FOR THE DISPOSITION OF SEIZED  ANIMALS,  TO
 27        PROVIDE  FOR  LIABILITY  OF  CERTAIN UNPAID COSTS, TO PROVIDE THAT CERTAIN
 28        ANIMALS MAY BE EUTHANIZED AND TO PROVIDE PROCEDURAL GUIDELINES.
                                                                        
 29    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 30        SECTION 1.  That Section 25-3501, Idaho Code, be, and the same  is  hereby
 31    amended to read as follows:
                                                                        
 32        25-3501.  ADMINISTRATION. The Idaho state department of agriculture, divi-
 33    sion  of  animal industries shall be responsible for the administration of the
 34    provisions of this chapter and shall inform the public and animal owners  con-
 35    cerning  their  legal  responsibilities,  and  in  cooperation  with local law
 36    enforcement, investigate and develop  cases  for  prosecution.   The  division
 37    shall be authorized to call upon any peace officer in the state to aid in ful-
 38    fillment  of  the requirements of this chapter and refer cases for prosecution
 39    to the appropriate authority. The foregoing shall not be construed to preclude
 40    county or local officials, acting upon their own authority,  from  investigat-
 41    ing, developing cases and prosecuting violations of this chapter that occur in
 42    their  jurisdiction.  The  cost to the department for administering the provi-
 43    sions of this chapter shall be borne by the citizens of this state through the
                                                                        
                                           2
                                                                        
  1    appropriation of general funds for administration, personnel,  travel,  equip-
  2    ment  and  supplies.  No provision of this chapter relating to law enforcement
  3    agencies and animal care and control agencies shall be construed  to  preclude
  4    the authority of agencies or entities recognized in this section.
                                                                        
  5        SECTION  2.  That  Chapter  35,  Title 25, Idaho Code, be, and the same is
  6    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
  7    ignated as Section 25-3501A, Idaho Code, and to read as follows:
                                                                        
  8        25-3501A.  ENFORCEMENT  --  ENFORCEMENT  RESTRICTIONS. (1) Law enforcement
  9    agencies and animal care and control agencies that provide law enforcement  or
 10    animal  care and control services to a municipality or county, may enforce the
 11    provisions of this chapter in that municipality or county.
 12        (2)  Animal care and control officers enforcing this chapter shall  comply
 13    with  the same constitutional and statutory restrictions concerning the execu-
 14    tion of police powers imposed on law enforcement  officers  who  enforce  this
 15    chapter and other criminal laws of the state of Idaho.
 16        (3)  In  cases where production animals are subject to a violation of sec-
 17    tion 25-3504, 25-3505 or 25-3511, Idaho Code,  law  enforcement  agencies  and
 18    animal care and control agencies shall not:
 19        (a)  Enforce  section  25-3504,  25-3505  or  25-3511, Idaho Code, without
 20        first obtaining an inspection and written determination from a  department
 21        investigator  that  a  violation  of  one  (1) or more of the sections has
 22        occurred or is occurring; or
 23        (b)  Take a production animal from a production animal facility,  pasture,
 24        or rangeland for a violation of section 25-3504, 25-3505 or 25-3511, Idaho
 25        Code, without first obtaining an inspection and written determination from
 26        a  department investigator that such action is in the best interest of the
 27        animal.
                                                                        
 28        SECTION 3.  That Section 25-3502, Idaho Code, be, and the same  is  hereby
 29    amended to read as follows:
                                                                        
 30        25-3502.  DEFINITIONS.  The  following  words and terms, when used in this
 31    chapter, shall have the following meanings, unless the context  clearly  indi-
 32    cates otherwise:
 33        (1)  "Abandon" means to completely forsake and desert an animal previously
 34    under the custody or possession of a person without making reasonable arrange-
 35    ments for its proper care, sustenance and shelter.
 36        (2)  "Animal"  means  any  vertebrate member of the animal kingdom, except
 37    man.
 38        (3)  "Animal care and control agency" means any agency incorporated  under
 39    the laws of this state to which a county or municipality has conferred author-
 40    ity to exercise the powers and duties set forth in this chapter based upon the
 41    agency's ability to fulfill the purposes of this chapter.
 42        (4)  "Companion animal" means those animals including, but not limited to,
 43    domestic dogs, domestic cats, rabbits, companion birds, and other animals com-
 44    monly kept as pets.
 45        (5)  "Cruel" or "cruelty" shall mean any or all of the following:
 46        (a)  The intentional and malicious infliction of pain, physical suffering,
 47        injury or death upon an animal;
 48        (b)  To  maliciously  kill,  maim,  wound, overdrive, overload, drive when
 49        overloaded, overwork, torture, torment, deprive of  necessary  sustenance,
 50        drink or shelter, cruelly beat, mutilate or cruelly kill an animal;
 51        (c)  To  subject an animal to needless suffering, inflict unnecessary cru-
                                                                        
                                           3
                                                                        
  1        elty, drive, ride or otherwise use an animal when same is unfit;
  2        (d)  To abandon an animal;
  3        (e)  To negligently confine an animal in unsanitary conditions or to  neg-
  4        ligently  house an animal in inadequate facilities; to negligently fail to
  5        provide sustenance, water or shelter to an animal.
  6        (6)  "Department" means the Idaho state department of agriculture.
  7        (7)  "Department investigator" means a person employed by, or approved by,
  8    the Idaho state department of agriculture, division of animal  industries,  to
  9    determine whether there has been a violation of this chapter.
 10        (8)  "Division" means the division of animal industries of the Idaho state
 11    department of agriculture.
 12        (49)  "Custodian"  means any person who keeps or harbors an animal, has an
 13    animal in his care or acts as caretaker of an animal.
 14        (510) "Malicious" or "maliciously" means the intentional doing of a wrong-
 15    ful act without just cause or excuse, with an intent to inflict an  injury  or
 16    death.
 17        (611) "Owner" means any person who has a right of property in an animal.
 18        (712) "Person" means any individual, firm, corporation, partnership, other
 19    business  unit, society, association or other legal entity, any public or pri-
 20    vate institution, the state of Idaho, or any municipal corporation or  politi-
 21    cal subdivision of the state.
 22        (813) "Pound" means a place enclosed by public authority for the detention
 23    of stray animals.
 24        (14) "Production animal" means, for purposes of this chapter:
 25        (a)  The following animals if kept by the owner for the express purpose of
 26        producing food or fiber: cattle, sheep, goats, swine, poultry, ratites;
 27        (b)  Furbearing animals kept for the purpose of commercial fur production;
 28        and
 29        (c)  Equines, domestic cervidae, and members of the camelidae family which
 30        includes llamas and alpacas.
                                                                        
 31        SECTION  4.  That  Section 25-3504, Idaho Code, be, and the same is hereby
 32    amended to read as follows:
                                                                        
 33        25-3504.  COMMITTING CRUELTY TO ANIMALS. Every person who is cruel to  any
 34    animal,  or  causes or procures any animal to be cruelly treated; and whoever,
 35    having the charge or custody of any animal, either as owner or otherwise, sub-
 36    jects any animal to cruelty, is, for every such offense, guilty  of  a  misde-
 37    meanor  and  shall,  upon  conviction,  be punished in accordance with section
 38    25-3520A, Idaho Code. Any law enforcement officer or animal care  and  control
 39    officer, subject to the restrictions of section 25-3501A, Idaho Code, may take
 40    possession of the animal cruelly treated, and provide care for the same, until
 41    final  disposition  of  such  animal  is determined in accordance with section
 42    25-3520A or 25-3520B, Idaho Code.
                                                                        
 43        SECTION 5.  That Section 25-3505, Idaho Code, be, and the same  is  hereby
 44    amended to read as follows:
                                                                        
 45        25-3505.  CARRYING  IN  A CRUEL MANNER -- SEIZURE, EXPENSES, LIEN. Whoever
 46    carries or causes to be carried in or upon any vehicle or otherwise any animal
 47    in a cruel manner, or knowingly and wilfully willfully authorizes  or  permits
 48    it  to  be  subjected  to  cruelty of any kind, is guilty of a misdemeanor and
 49    shall, upon conviction, be punished in accordance with section 25-3520A, Idaho
 50    Code. Subject to the restrictions of section 25-3501A, Idaho  Code,  wWhenever
 51    any  such  person  is taken into custody therefor by any officer, such officer
                                                                        
                                           4
                                                                        
  1    must take charge of such vehicle, and its contents, together with and  deposit
  2    them  in  some  place  of  custody, and must take possession of the animal and
  3    deposit them it in some place of custody. Any necessary expense  incurred  for
  4    taking  care of and keeping the same, is a lien thereon, to be paid before the
  5    same can be lawfully recovered; and if  such  expense,  or  any  part  thereof
  6    remains  unpaid,  it  may be recovered, by the person incurring the same, from
  7    the owner of such animal, in an action therefor until final disposition of the
  8    animal is determined in accordance with section 25-3520A  or  25-3520B,  Idaho
  9    Code.
                                                                        
 10        SECTION  6.  That  Section 25-3511, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        25-3511.  PERMITTING ANIMALS TO GO WITHOUT CARE -- ABANDONED ANIMALS TO BE
 13    HUMANELY DESTROYED. Every owner, custodian or possessor  of  any  animal,  who
 14    shall  permit  the  same  to  be  in  any building, inclosure enclosure, lane,
 15    street, square or lot of any city, county or precinct, without proper care and
 16    attention, as determined by an Idaho licensed veterinarian, or  a  representa-
 17    tive  of the division, shall, on conviction, be deemed guilty of a misdemeanor
 18    and shall, upon conviction, be punished in accordance with  section  25-3520A,
 19    Idaho  Code. And iIt shall be the duty of any peace officer, or officer of any
 20    incorporated association qualified as provided by law enforcement  officer  or
 21    animal  care  and  control  officer,  subject  to  the restrictions of section
 22    25-3501A, Idaho Code, to  take  possession  of  the  animal  so  abandoned  or
 23    neglected,  and  care for the same until it is redeemed by the owner or claim-
 24    ant, and the cost of caring for such animal shall be a lien on the same  until
 25    the  charges are paid final disposition of such animal is determined in accor-
 26    dance with section 25-3520A or 25-3520B, Idaho  Code.  Every  sick,  disabled,
 27    infirm or crippled animal which shall be abandoned in any city, county or pre-
 28    cinct,  may  if  after  due search no owner can be found therefor, be humanely
 29    destroyed, or other provision made for the animal by or on the order  of  such
 30    officer;  and  it shall be the duty of all peace officers, or by an officer of
 31    said incorporated association law enforcement officers or animal care and con-
 32    trol officers, to cause the same to be humanely destroyed, or other  provision
 33    made therefor, on information of such abandonment. Subject to the restrictions
 34    of section 25-3501A, Idaho Code, sSuch officer may likewise take charge of any
 35    animal  that  by reason of lameness, sickness, feebleness or neglect, is unfit
 36    for the activity it is performing, or that in any other manner is  being  cru-
 37    elly  treated;  and,  if such animal is not then in custody of its owner, such
 38    officer shall give notice thereof to such owner, if  known,  and  may  provide
 39    suitable  care  for  such animal until it is deemed to be in a suitable condi-
 40    tion, as determined by an Idaho licensed veterinarian or a  representative  of
 41    the  division, to be delivered to such owner, and any necessary expenses which
 42    may be incurred for taking care of and  keeping  the  same  shall  be  a  lien
 43    thereon,  to  be paid before the same can be lawfully recovered. If, after due
 44    process under final disposition of such animal  is  determined  in  accordance
 45    with  section  25-3520A  or  25-3520B, Idaho Code. If, in accordance with this
 46    section, a responsible owner cannot be found, the animal may  be  offered  for
 47    adoption to a responsible person in lieu of destruction.
                                                                        
 48        SECTION  7.  That Section 25-3520A, Idaho Code, be, and the same is hereby
 49    amended to read as follows:
                                                                        
 50        25-3520A.  PENALTY FOR VIOLATIONS -- TERMINATION OF RIGHTS. (1) Except  as
 51    provided  in  section  25-3503,  Idaho  Code, any person convicted for a first
                                                                        
                                           5
                                                                        
  1    violation of any of the provisions of this chapter shall be punished, for each
  2    offense, by a jail sentence of not more than six (6) months or by  a  fine  of
  3    not  less  than  one hundred dollars ($100) or more than five thousand dollars
  4    ($5,000), or by both such fine and imprisonment.
  5        (2)  Except as provided in section 25-3503, Idaho Code,  any  person  con-
  6    victed  of  a second violation of any of the provisions of this chapter within
  7    ten (10) years of the first conviction, shall be punished for each offense, by
  8    a jail sentence of not more than nine (9) months or a fine of  not  less  than
  9    two  hundred  dollars  ($200)  or more than seven thousand dollars ($7,000) or
 10    both fine and imprisonment.
 11        (3)  Except as provided in section 25-3503, Idaho Code,  any  person  con-
 12    victed  of  a  third or subsequent violation, within fifteen (15) years of the
 13    first conviction, shall be punished for each offense by a jail sentence of not
 14    more than twelve (12) months or a fine of not less than five  hundred  dollars
 15    ($500) or more than nine thousand dollars ($9,000) or by both fine and impris-
 16    onment.
 17        (4)  If a person pleads guilty or is found guilty of an offense under this
 18    chapter,  the  court may issue an order terminating the person's right to pos-
 19    session, title, custody or care of an animal that was involved in the  offense
 20    or that was owned or possessed at the time of the offense. If a person's right
 21    to  possession,  title,  custody or care of an animal is terminated, the court
 22    may award the animal to a humane society or other organization that has as its
 23    principal purpose the humane treatment of animals, or may award the animal  to
 24    a  law enforcement agency or animal care and control agency. The court's award
 25    of custody or care of an animal will grant to the organization or  agency  the
 26    authority  to  determine  custody,  adoption, sale or other disposition of the
 27    animal thereafter.
                                                                        
 28        SECTION 8.  That Chapter 35, Title 25, Idaho Code, be,  and  the  same  is
 29    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 30    ignated as Section 25-3520B, Idaho Code, and to read as follows:
                                                                        
 31        25-3520B.  SEIZURE -- COSTS -- FORFEITURE PROCEEDINGS -- SECURITY  DEPOSIT
 32    OR BOND -- DISPOSITION -- PROCEDURAL GUIDELINES. (1) Any person having author-
 33    ity  to  enforce this chapter, in accordance with section 25-3501 or 25-3501A,
 34    Idaho Code, who has probable cause to believe there has been  a  violation  of
 35    section  25-3504,  25-3505,  25-3506, 25-3507, 25-3510 or 25-3511, Idaho Code,
 36    may take custody of the animal involved.
 37        (2)  If any animal is seized under this section, the owner or keeper shall
 38    be liable for the reasonable costs of the seizure and the  care,  keeping  and
 39    disposal  of the animal. Reasonable costs shall include, but shall not be lim-
 40    ited to, transportation, medical, board, shelter and farrier costs.
 41        (3)  If any animal is in the possession of,  and  being  held  by,  a  law
 42    enforcement  agency  or  animal care and control agency pursuant to the provi-
 43    sions of this chapter, pending the outcome of a  criminal  action  charging  a
 44    violation  of  this  chapter,  and  prior to final disposition of the criminal
 45    charge, the animal care and control agency or law enforcement agency may  file
 46    a  petition in the criminal case requesting that the court issue an order for-
 47    feiting the animal to the law enforcement agency or  animal care  and  control
 48    agency.  The  petitioner  shall  serve  a  true  copy of the petition upon the
 49    defendant.
 50        (4)  Upon receipt of a petition pursuant to subsection (3)  of  this  sec-
 51    tion, the court shall set a hearing on the petition. The hearing shall be con-
 52    ducted  within fourteen (14) days after the filing of the petition, or as soon
 53    as practicable. The hearing shall be limited to the question of forfeiture  of
                                                                        
                                           6
                                                                        
  1    the animal.
  2        (5)  At  a  hearing  conducted pursuant to subsection (4) of this section,
  3    the petitioner shall have the burden of establishing probable cause to believe
  4    that the animal was subjected to a violation of this chapter. A prior  finding
  5    of  probable  cause  to  proceed on the criminal case will create a permissive
  6    inference that probable cause exists for the forfeiture proceeding. After  the
  7    hearing, if the court finds probable cause exists, the court shall order imme-
  8    diate forfeiture of the animal to the petitioner, unless the defendant, within
  9    seventy-two  (72)  hours of the hearing, posts a security deposit or bond with
 10    the municipal or county treasurer in an amount determined by the court  to  be
 11    sufficient  to  repay  all  reasonable  costs  incurred, and anticipated to be
 12    incurred, for the care of the animal for at least thirty (30)  days  inclusive
 13    of  the  day  of the initial seizure and may order anticipated costs up to the
 14    time set for trial on the criminal case if requested by  the  petitioner.  If,
 15    after  the  hearing, the court finds that no probable cause exists, the animal
 16    shall be returned to the owner or keeper of  the  animal,  and  the  owner  or
 17    keeper  shall  not be responsible for any costs of the seizure, care or treat-
 18    ment, unless the person later pleads guilty to or is found guilty of a  viola-
 19    tion of this chapter.
 20        (6)  At the end of the time for which expenses are covered by the security
 21    deposit or bond, if the person owning or keeping the animal desires to prevent
 22    disposition  of  the  animal,  the  owner  or keeper shall post a new security
 23    deposit or bond with the municipal or county treasurer which must be  received
 24    before the expiration date of the previous security deposit or bond. The court
 25    may correct, alter or otherwise adjust the new security deposit or bond upon a
 26    motion  made  before  the  expiration date of the previous security deposit or
 27    bond, provided however, no person may file more than one (1) motion seeking an
 28    adjustment to the new security deposit or bond.
 29        (7)  If a security deposit or bond has been posted in accordance with this
 30    section, the law enforcement agency or animal care and control agency may draw
 31    from that security deposit or bond reasonable costs in keeping and caring  for
 32    the  animal  from  the date of the seizure to the date of final disposition of
 33    the animal in the criminal action.
 34        (8)  At the end of the time for which expenses are covered by the security
 35    deposit or bond, or if no security deposit or bond has been posted  in  accor-
 36    dance with this section, the law enforcement agency or animal care and control
 37    agency  may  determine  disposition  of the animal. The owner or keeper of the
 38    animal shall be liable for all unpaid reasonable costs of the care, keeping or
 39    disposal of the animal. Posting of the security deposit or bond shall not pre-
 40    vent the law enforcement agency or animal care and control agency from dispos-
 41    ing of the seized or impounded animal before the expiration of the period cov-
 42    ered by the security deposit or bond if the court orders the forfeiture of the
 43    animal or the owner relinquishes the animal.
 44        (9)  Upon resolution of the criminal  action,  remaining  funds  deposited
 45    with  the  municipal  or  county  treasurer  which  have  not, and will not be
 46    expended in the care, keeping or disposal of the animal shall be  remitted  to
 47    the owner or keeper of the animal.
 48        (10) Irrespective  of any other provision of this section, if in the writ-
 49    ten determination of a  licensed  veterinarian,  the  animal  is  experiencing
 50    extreme  pain  or suffering, or is severely injured or diseased, and therefore
 51    not likely to recover, it may be immediately euthanized.
 52        (11) No proceeding under this section shall be used as a basis for a  con-
 53    tinuance  or  to delay the criminal case nor shall proceedings in the criminal
 54    case, other than dismissal, be used as a basis to delay or continue  the  for-
 55    feiture  proceeding  as  provided  for in this section. Proceedings under this
                                                                        
                                           7
                                                                        
  1    section are of a civil nature and governed by the Idaho rules of civil  proce-
  2    dure  except  as to limitations upon the discovery process. Due to the need to
  3    conduct any proceeding necessary under this section in an expeditious  manner,
  4    and  the  right of any criminal defendant to avoid self-incrimination, any and
  5    all discovery requests shall be granted only under  authority  of  the  court.
  6    Discovery  shall be authorized with the intent to provide the necessary infor-
  7    mation relating directly to the evidence for the probable cause proceeding. In
  8    no event shall discovery mechanisms be used to unreasonably burden the  oppos-
  9    ing party. Discovery mechanisms shall not include the deposition of any party,
 10    witness  or  representative,  the  use  of  interrogatories,  or the demand to
 11    inspect any records outside the immediate reports  and  financial  accountings
 12    for the animal in question.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 15835

This legislation amends Idaho's animal cruelty statute to address
the problem of the costs associated with caring for seized
animals pending the outcome of the criminal proceedings for the
animals' owner. The new language provides for an optional,
expedited forfeiture hearing to determine whether the owner of a
seized animal will choose to (1) pay the expense of boarding and
caring for his animals while the animals are in custody of the
agency or, (2) relinquish ownership of the animals.



                           FISCAL NOTE

Animal control agencies and local law enforcement throughout the
state will potentially save thousands of dollars of taxpayer
funds with the implementation of this legislation.  
The Idaho Humane Society (IHS) serves all of Ada County except
Meridian & Garden City, covering a human population of 280,772
people (20% of Idaho's estimated population of 1,393,262). During
FY2005, the IHS impounded 252 animals from its area of
jurisdiction due to neglect and/or cruelty charges (includes
horses, cats, birds, rabbits, etc.) constituting 54 separate
cases and/or citations. The average time IHS held each animal
until resolution of its owner's case was 87 days.  The average
cost per day for boarding (exclusive of charges such as medical,
farrier, etc.) was $7.50. IHS recovered $648 from defendants as
restitution for costs during FY2005.  Based on these facts, if
the legislation had been in place in FY2005, the estimated,
potential cost savings to Ada County, and the cities of Boise,
Star and Eagle would have been: (252 X (87 days   14 days
pre-hearing) X $7.50 ) - $648 = $137,322 for FY2005. We can
assume comparable savings could be realized by the taxpayers in
the other 80% of the state.





Contact
Name: Senator Kate Kelly
Phone: 850-7217
Senator Tim Corder
Representative Kathy Skippen



STATEMENT OF PURPOSE/FISCAL NOTE                      S 1396   

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