An Act To Update the Criminal Animal Welfare Laws
Sec. 1. 17 MRSA §1021, sub-§3, as amended by PL 2007, c. 702, §42, is further amended to read:
All veterinary records, seizure reports prepared by a humane agent, a state veterinarian or a person authorized to make arrests, police reports, witness statements and other written documents are admissible as evidence when the authors of these documents are available for cross-examination at a hearing. An oral statement of a witness included in a police report is admissible only if the witness is present. After hearing, the court shall issue a writ of possession, order the disposition of the animal or return the animal to its owner, in which case the animal must be returned within 30 days of the seizure.
Sec. 2. 17 MRSA §1021, sub-§3-A is enacted to read:
Sec. 3. 17 MRSA §1021, sub-§5, ¶A, as corrected by RR 2013, c. 2, §30, is amended to read:
Sec. 4. 17 MRSA §1021, sub-§5-A, as amended by PL 2011, c. 559, Pt. A, §16, is further amended to read:
If the owner can not be found, the humane agent or , the state veterinarian or the person authorized to make arrests shall send a copy of the notice to the owner at the owner's last known address by certified mail, return receipt requested. If the owner is not known or can not be located, the humane agent or , the state veterinarian or the person authorized to make arrests shall contact the animal shelter or shelters used by the municipality in which the animal was found. The humane agent or , the state veterinarian or the person authorized to make arrests shall provide the shelter with a description of the animal, the date of seizure and the name of a person to contact for more information.
Within 3 working days of possession of the animal, the humane agent or , the state veterinarian or the person authorized to make arrests shall apply to the court for a possession order under subsection 3. Upon Notwithstanding the provisions of subsection 3, upon good cause shown, the court shall expedite the case and schedule a prehearing conference to take place within 7 days of the seizure. The court shall set a hearing date, and the hearing may be advanced on the docket and receive priority over other cases when the court determines that the interests of justice so require. The humane agent or , the state veterinarian or the person authorized to make arrests shall arrange care for the animal, including medical treatment, if necessary, pending the hearing.
The humane agent or , the state veterinarian or the person authorized to make arrests shall notify the owner, if located, of the time and place of the hearing. If the owner has not been located, the court shall order a notice to be published at least once in a newspaper of general circulation in the county where the animal was found stating the case and circumstances and giving 48 hours notice of the hearing.
It is the owner's responsibility at the hearing to show cause why the animal should not be seized permanently or disposed of humanely. If it appears at the hearing that the animal has been abandoned or cruelly treated by its owner, the court shall declare the animal forfeited and order its sale, adoption or donation or order the animal to be disposed of humanely if a veterinarian determines that the animal is diseased or disabled beyond recovery. In the case of an expedited hearing, the court shall issue a writ of possession or return the animal to its owner within 30 days of the seizure.
For an expedited hearing, the State, prior to the prehearing conference, shall submit all veterinary records, reports by investigating officers and other relevant records in the State's possession to the court and shall mail or deliver copies of these same reports and records to the owner of the animal.
All veterinary records, seizure reports prepared by humane agents, police reports, witness statements or other written documents are admissible as evidence when the authors of these documents are available for cross-examination at a possession hearing. Oral statements of a witness included in a police report are only admissible if the witness is present at the possession hearing.
Sec. 5. 17 MRSA §1021, sub-§5-B is enacted to read:
Sec. 6. 17 MRSA §1022, as amended by PL 1997, c. 690, §65, is further amended to read:
§ 1022. Prevention of cruelty
The commissioner , a humane agent, a state veterinarian or any person authorized to make arrests may lawfully interfere to prevent the perpetration of any act of cruelty upon an animal in that person's presence.
Sec. 7. 17 MRSA §1027, sub-§1, ¶A, as enacted by PL 2007, c. 439, §36, is amended to read:
Sec. 8. 17 MRSA §1027, sub-§2, as amended by PL 2011, c. 559, Pt. A, §17, is repealed.
Sec. 9. 17 MRSA §1027, sub-§2-A is enacted to read:
Sec. 10. 17 MRSA §1031, sub-§1, ¶D, as amended by PL 2003, c. 452, Pt. I, §13 and affected by Pt. X, §2, is further amended to read:
Sec. 11. 17 MRSA §1031, sub-§3-B, ¶B, as enacted by PL 2003, c. 452, Pt. I, §20 and affected by Pt. X, §2, is amended to read:
summary
This bill amends the criminal animal welfare laws in the following ways. It:
1. Consolidates and clarifies the provisions for a possession hearing concerning an animal suspected to have been subject to cruelty, including removing the provisions for a show cause hearing;
2. Provides for emergency euthanasia of an impounded animal that is severely sick or severely injured;
3. Clarifies that a person authorized to make arrests may seize and take possession of a cruelly treated animal;
4. Prohibits an owner or keeper of an animal that has been seized or impounded due to cruel treatment from possessing or acquiring an animal prior to the possession hearing;
5. Clarifies that an owner or keeper subject to forfeiture of an animal may appeal to the Superior Court;
6. Adds to the definition of animal cruelty intentionally giving an animal a scheduled drug; and
7. Makes the violation of a sentencing provision for a conviction of animal cruelty a Class D crime.