Senate Bill 2866

AN ACT TO AMEND SECTION 97-41-2, MISSISSIPPI CODE OF 1972, TO REVISE SEIZURE OF MALTREATED, NEGLECTED OR ABANDONED ANIMALS UNDER THE ANIMAL CRUELTY LAW; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. 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 within its jurisdiction by a law enforcement agency, for its care and protection upon a determination that probable cause exists to believe that a crime under this chapter has been or is being committed against that animal. * * * The court may appoint an animal control agency, agent of an animal shelter or rescue organization, veterinarian or other person within its jurisdiction as temporary custodian for the said animal, pending * * * disposition of the animal pursuant to this section. Such temporary custodian shall directly contract and be responsible for any care rendered to such animal, and may make arrangements for such care as may be reasonable and necessary, including, but not limited to, impounding the animal as a chattel of the court on the property of the individual from whom the animal is seized. A seized animal may be destroyed only if, in the opinion of at least two (2) veterinarians licensed to practice veterinary medicine in Mississippi, the animal has: (a) suffered a catastrophic injury or illness; (b) pain cannot be medically managed sufficient to prevent extraordinary and unrelievable suffering; and (c) only immediate euthanasia can prevent such suffering. In such event the animal will be destroyed by humane lethal injection as approved by the most recent report of the American Veterinary Medical Association Panel on euthanasia. The euthanasia and justifications therefor will be reported to the court within seven (7) days. 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 such person that the animal has been seized. Such 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 until court proceedings are concluded. The court shall hold such hearing within fourteen (14) days of receiving such request. The hearing shall be concluded and the court order entered thereon within twenty-one (21) days after the hearing is commenced. * * *

(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 organization agents, 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.

(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 a defendant is found guilty of a violation of this chapter, and upon proof of reasonable and necessary costs incurred as a result of the animal's seizure, including, but not limited to, animal medical expense and boarding, the court may order that the animal's owner reimburse the temporary custodian for such costs. A lien for authorized expenses is hereby created upon all animals seized under this section, and shall have priority to any other lien on such animal.

(5) If the court finds the owner of the animal is guilty of a violation of this chapter, the court may order that the animal be permanently forfeited and released to an animal control agency, animal protection organization or to the appropriate entity to be euthanized or the court may order that such animal be sold at public sale in the manner now provided for judicial sales; any proceeds from such sale shall go first toward the payment of expenses and costs relating to the care and treatment of such animal, and any excess amount shall be paid to the owner of the animal.

(6) If the court finds the owner of the animal guilty of a violation of this chapter, 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 as a condition of any probationary or parole term imposed.

(7) If the court determines the owner is able to provide adequately for, and have custody of, the animal until court proceedings are concluded or the court finds the owner innocent of a violation of this chapter, 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.

(9) For the purposes of this section, the term "animal" or "animals" means any feline, exotic animal, canine, horse, mule, jack or jennet.

SECTION 2. This act shall take effect and be in force from and after July 1, 2012.