Bill Text: MS HB1298 | 2016 | Regular Session | Engrossed
Bill Title: Illegal dog fighting; revise seizure and forfeiture of animals.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-03-22 - Died In Committee [HB1298 Detail]
Download: Mississippi-2016-HB1298-Engrossed.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Judiciary B
By: Representative Barker
House Bill 1298
(As Passed the House)
AN ACT TO AMEND SECTION 97-41-19, MISSISSIPPI CODE OF 1972, TO REVISE THE SEIZURE OF ANIMALS AND EQUIPMENT UTILIZED IN ILLEGAL DOG FIGHTING; TO AMEND SECTION 97-41-2, MISSISSIPPI CODE OF 1972, TO REVISE TEMPORARY CUSTODY OF MISTREATED ANIMALS AFTER SEIZURE, POSTING OF SECURITY TO COVER CARE, REQUIRE COURT REVIEW EVERY THIRTY DAYS, AND REQUIRE EXCESS FUNDS TO BE RETURNED TO THE OWNER; TO AUTHORIZE IMMEDIATE EUTHANASIA OF AN ANIMAL UNDER APPROPRIATE CIRCUMSTANCES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-41-19, Mississippi Code of 1972, is amended as follows:
97-41-19. (1) If any person (a) shall sponsor, promote, stage or conduct a fight or fighting match between dogs, or (b) shall wager or bet, promote or encourage the wagering or betting of any money or other valuable thing upon any such fight or upon the result thereof, or (c) shall own a dog with the intent to willfully enter it or to participate in any such fight, or (d) shall train or transport a dog for the purposes of participation in any such fight, he shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or by imprisonment in the State Penitentiary for a term of not less than one (1) nor more than three (3) years, or by both such fine and imprisonment, in the discretion of the court.
(2) If any person shall be present, as a spectator, at any location where preparations are being made for an exhibition of a fight between dogs with the intent to be present at such preparations, or if any person shall be present at an exhibition of a fight between dogs with the intent to be present at such exhibition, he shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or by imprisonment in the State Penitentiary for a term of not more than one (1) year, or by both such fine and imprisonment, in the discretion of the court.
(3) Any law enforcement
officer making an arrest under subsection (1) of this section may lawfully take
possession of all dogs and all paraphernalia, implements, equipment or other
property used in violation of subsection (1) of this section. * * * The officer shall file with the
circuit court of the county within which the alleged violation occurred an
affidavit stating therein (a) the name of the person charged, (b) a description
of the property taken, (c) the time and place of the taking, (d) the name of
the person who claims to own such property, if known, and (e) that the affiant
has reason to believe, stating the ground of * * * the belief, that the property taken
was used in * * *
a violation of this section. He shall thereupon deliver the
property to * * *
the court which shall, by order in writing, place * * * the paraphernalia,
implements, equipment, or other property in the custody of * * * the law enforcement agency or other
suitable custodian, to be kept by * * * the agency or custodian until the
conviction or final discharge of the accused, and shall appoint an animal
control agency, agent of an animal shelter organization, licensed veterinarian
or other suitable custodian as temporary custodian for any dogs seized, pending
final disposition of the dogs under Section 97-41-2. * * * A copy of * * * the orders shall be sent without
delay to the district attorney of the county. The custodian or custodians
named and designated in * * *such order the orders shall immediately assume the
custody of * * *
the dogs and property and shall retain same, subject to order of the
court.
Upon the written
certification of a licensed veterinarian or officer of the humane society or
animal welfare agency that, in his professional judgment, a dog which has been
seized is not likely to survive the final disposition * * * under Section 97-41-2 or
that, by reason of the physical condition of the dog, it should be humanely
euthanized before such time, the * * * dog may be immediately
humanely euthanized. * * *
(4) Nothing in subsection (1) of this section shall prohibit any of the following:
(a) The use of dogs in the management of livestock, by the owner of such livestock or other persons in lawful custody thereof;
(b) The use of dogs in lawful hunting; and
(c) The training of dogs for any purpose not prohibited by law.
SECTION 2. Section 97-41-2, Mississippi Code of 1972, is amended as follows:
97-41-2. (1) All courts in
the State of Mississippi may order the seizure of an animal by a law
enforcement agency, for its care and protection, upon a finding of
probable cause to believe * * *said the animal is being cruelly treated, is
neglected or abandoned, or is being used for dog fighting in violation of
Section 97-41-19. * * *
Probable cause may be established upon sworn testimony of any person who has
witnessed the condition of * * * the animal. The court * * * shall appoint an animal control
agency, agent of an animal shelter organization, licensed veterinarian
or other * * *
suitable custodian as temporary custodian for the * * * animal, pending final disposition of the
animal * * *
under this section. * * * The temporary custodian shall
directly contract and be responsible for any care rendered to * * * the animal, and may make
arrangements for such care as may be necessary. Upon seizure of an animal, the
law enforcement agency responsible for removal of the animal shall serve notice
upon the owner of the animal, if possible, and shall also post prominently a
notice to the owner or custodian to inform * * * the owner or custodian that
the animal has been seized. * * * The process and notice shall
contain a description of the animal seized, the date seized, the name of the
law enforcement agency seizing the animal, the name of the temporary custodian,
if known at the time, and shall include a copy of the order of the court
authorizing the seizure.
(2) Within five (5) days of
seizure of an animal, the owner of the animal may request a hearing in the
court ordering the animal to be seized to determine whether the owner is able
to provide adequately for the animal and is fit to have custody of the animal.
The court shall hold such hearing within fourteen (14) days of receiving * * * the request. The hearing shall be
concluded and the court order entered thereon within twenty-one (21) days after
the hearing is commenced. * * * Upon requesting a hearing, the owner shall have three (3) business days
to post a bond or security with the court clerk in an amount determined by the
court to be sufficient to repay all reasonable costs sufficient to provide for
the animal's care. Failure to post such bond within three (3) days shall
result in forfeiture of the animal to the court. If the temporary custodian
has custody of the animal upon the expiration of the bond or security, the
animal shall be forfeited to the court unless the court orders otherwise.
(3) In determining the owner's fitness to have custody of an animal, the court may consider, among other matters:
(a) Testimony from law enforcement officers, animal control officers, animal protection officials, and other witnesses as to the condition the animal was kept in by its owner or custodian.
(b) Testimony and evidence as to the type and amount of care provided to the animal by its owner or custodian.
(c) Expert testimony as to the proper and reasonable care of the same type of animal.
(d) Testimony from any witnesses as to prior treatment or condition of this or other animals in the same custody.
(e) Violations of laws relating to animal cruelty that the owner or custodian has been convicted of prior to the hearing.
(f) Any other evidence the court considers to be material or relevant.
(4) * * * If the court finds, by a preponderance of the evidence,
that the owner is unable or unfit to adequately provide for the animal, the
court shall order the owner to post a renewable bond or security with the court
clerk in an amount determined by the court to be sufficient to provide all
reasonable costs for the animal's care for thirty (30) days.
(5) * * * The owner shall be ordered to deposit
the same amount every thirty (30) days thereafter until the final disposition
of the criminal matter, unless the owner requests a hearing no less than five
(5) business days after the expiration of a thirty-day period. If the required
funds are not deposited within five (5) business days of the issuance of the
order setting the amount of bond or security, or five (5) business days after
the expiration of a thirty-day period, the animal is forfeited to the temporary
custodian by operation of law.
(a) If a hearing is requested, the court may correct, alter or otherwise adjust each renewal bond or security. The hearing must be held within ten (10) days of the motion, and notice must be provided to the temporary custodian and to the owner. The bond or security shall be due five (5) days after the court orders, or refuses to order, an adjustment.
(b) The temporary custodian may draw the actual costs incurred in keeping and caring for the animal from the date of the impoundment to the date of the final disposition of the animal in the criminal action from the bond or security posted under subsections (4) and (5) of this section.
(c) Upon final disposition of the criminal action, remaining funds deposited with the municipal, justice or county court clerk shall be returned to the owner.
(6) Upon notice and hearing as provided in this section, or as a part of any preceding conducted under the terms of this section, the court may order that other animals in the custody of the owner that were not seized be surrendered and further enjoin the owner from having custody of other animals in the future.
(7) If the court determines the owner is able to provide adequately for, and have custody of, the animal, the court shall order the animal be claimed and removed by the owner within seven (7) days after the date of the order.
(8) Nothing in this section shall be construed to prevent or otherwise interfere with a law enforcement officer's authority to seize an animal as evidence or require court action for the taking into custody and making proper disposition of animals as authorized in Sections 21-19-9 and 41-53-11, or with the immediate euthanizing of an animal that is severely injured, diseased or suffering and therefore not likely to recover, upon written certification by a licensed veterinarian, officer of an animal control agency, or agent of an animal shelter organization.
(9) For the purposes of this section, the term "animal" or "animals" means any feline, exotic animal, canine, horse, mule, jack or jennet.
SECTION 3. This act shall take effect and be in force from and after July 1, 2016.
