Bill Text: DE SB245 | 2013-2014 | 147th General Assembly | Draft
Bill Title: An Act To Amend Titles 3, 9, And 11 Of The Delaware Code Relating To Dangerous Dogs And Animal Fighting And Baiting.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2014-07-31 - Signed by Governor [SB245 Detail]
Download: Delaware-2013-SB245-Draft.html
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SPONSOR: |
Sen. Peterson & Rep. Jaques |
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DELAWARE STATE SENATE 147th GENERAL ASSEMBLY |
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SENATE BILL NO. 245 |
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AN ACT TO AMEND TITLES 3, 9, AND 11 OF THE DELAWARE CODE RELATING TO DANGEROUS DOGS AND ANIMAL FIGHTING AND BAITING. |
WHEREAS, Dogs have shared their lives with humans for thousands of years and proven to be beneficial partners; and
WHEREAS, an individual dog's potential for adoption cannot be determined by a set of circumstances beyond their control; and
WHEREAS, current statute deems all dogs involved in animal fighting or cruelty cases as automatically dangerous or potentially dangerous and able to be impounded; and
WHEREAS, breeding mothers and puppies can be seized when law enforcement seizes animals from cruelty cases, an animal fighting operation, or criminal activity. and
WHEREAS, current statute does not protect innocent victims of animal fighting or criminal activity by allowing for trained personnel to evaluate animals for potential adoption.
NOW THEREFORE:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 79, Title 3 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§7905 Impoundment.
(c) Upon a
determination that probable cause exists to believe that the animal cruelty or
animal fighting laws have been violated by the owner or custodian of any
impounded animal, the State and/or the appropriate Society for the Prevention
of Cruelty to Animals shall have the right to recover the costs of holding and
caring for any animal impounded under this section from the owner or custodian
of the animal.Upon impoundment Each
month, the State or appropriate Society for the Prevention of Cruelty to
Animals shall submit a detailed billing to the owner or custodian of the
animal, listing the accrued monthly costs of boarding, evaluation,
veterinary and other costs incurred associated with care.
Notwithstanding any provision of this section or any other law to the contrary,
failure of the animal's owner or custodian to pay these costs within 30 days of
the receipt of a detailed monthly billing will result in ownership of the
animal reverting to the State or to the appropriate Society for the Prevention
of Cruelty to Animals. The provisions of this paragraph shall be applicable
notwithstanding the final disposition of the criminal charges.
Section 2. Amend Chapter 9, Title 9 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§922 Seizure and impoundment of dangerous or potentially dangerous dogs; notification of dog owner; request for hearing.
(a) An animal control constable or dog warden shall seize and impound a dog suspected of being dangerous or potentially dangerous when the warden has reasonable cause to believe that the dog:
(4) Was
subject to, or was used to facilitate, animal cruelty or animal fighting, as
alleged in a criminal complaint or charge.
Section 3. Amend Chapter 5, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§1326 Animals; fighting and baiting prohibited; class E felony.
(d) All
animals, equipment, devices, and money involved in a violation of this section
must be forfeited to the State. Animals so forfeited must be disposed of in
a humane manner. Animals so forfeited must be evaluated by a duly
incorporated society for the prevention of cruelty to animals, an authorized
state agency, a duly incorporated humane society in charge of animals for
eligibility for adoption.After
evaluation, animals may also be transferred to a rescue organization. Animals
forfeited may be adopted to individuals other than the convicted person or
person dwelling in the same household, who conspired, aided or abetted in the
unlawful act which was the basis of the conviction, or who knew or should have
known of the unlawful act, or humanely disposed of according to the provisions
of Chapter 80, Title 3.
SYNOPSIS
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This bill protects animals seized in criminal activity, cruelty and animal fighting from automatic humane disposition including breeding females and puppies. Delaware is one of only thirteen states who treat animals seized in this manner. This bill also allows the shelter to receive payment for its services in a timely manner. It allows for evaluation of animals for adoptability by trained personnel.The bill also ensures that individuals involved in the criminal activity are not able to adopt the animals after their seizure or forfeiture. |
Author: Senator Peterson
