HB 87 — Animal Crime Victim Amendments

(iv) the name of the person from whom the property was taken;

(v) the name of the person who claims to own the property, if known;

and - 5 - HB0087 compared with HB0087S02 (vi) a statement that the officer has reason to believe and believes that the property taken was used or employed, or was to be used or employed, in violation of Section 76-13-202, 76-13-203, 76-13-204, or 76-13-205, and the grounds for the belief.

(5) (a) The officer shall deliver the confiscated property to the judge or magistrate who shall, by order, place the property in the custody of the officer or any other person designated in the order, and that person shall keep the property until:

(i) if the property is an animal, the animal is impounded or forfeited according to the procedures under Section 77-11a-206, Section 77-11a-207, or Title 78B, Chapter 3, Part 13, Petition for Forfeiture of Animal Held in Connection with a Crime or Abuse;

or (ii) the conviction or final discharge of the person against whom the complaint was made.

(b) The person designated in Subsection (5)(a) shall assume immediate custody of the property, and retain the property until further order of the court.

(c) Upon conviction of the person charged, all confiscated property shall be forfeited and destroyed or otherwise disposed of, as the court may order.

(d) If the person charged is acquitted or discharged without conviction, the court shall, on demand, order the property to be returned to its owner.

Section 3 is enacted to read:

77-11a-206.

Authority to enter and impound animal -- Order of impoundment.

(1) If there is probable cause to believe that any animal is being subjected to treatment in violation of Section 76-13-104, 76-13-202, 76-13-203, 76-13-204, 76-13-205, 76-13-207, 76-13-212, or 76-13-213, a peace officer, after obtaining a search warrant or in any other manner authorized by law, may enter the premises or motor vehicle where the animal is located to provide the animal with food, water, and emergency medical treatment, and may impound the animal.

(2) If the peace officer impounds the animal and, after reasonable effort, the owner or person having custody of the animal cannot be found and notified of the impoundment, notice of the impoundment shall be:

(a) conspicuously posted on the premises or motor vehicle;

and (b) sent by certified mail within 72 hours after the impoundment to the address where the animal was impounded.

- 6 - HB0087 compared with HB0087S02 (3) A peace officer is not liable for any damage to a premises or motor vehicle resulting from an entry under Subsection (1), unless the damage was caused by an unnecessary action of the peace officer that was intentional or reckless.

(4) (a) A court may order an animal impounded under this section to be held at an animal shelter.

(b) A facility receiving the animal shall provide adequate food and water and may provide veterinary care.

Section 4.

Section 4 is enacted to read:

77-11a-207.

Forfeiture of rights to mistreated animal upon conviction -- Placement of animal -- Additional obligations or educational requirements.

(1) As used in this section, "minimum care" means the following, taking into account the species, age, and physical condition of the animal:

(a) appropriate and essential food and water;

(b) adequate protection, including appropriate shelter, against extreme weather conditions;

and (c) other essential care as may be determined by the animal shelter or court.

(2) (a) In addition to, and not in lieu of, any other sentence a court may impose, a court may, prior to sentencing, require an animal owner who is convicted under Section 76-13-104, 76-13-202, 76-13-203, 76-13-204, 76-13-205, 76-13-207, 76-13-212, or 76-13-213, to:

(i) forfeit any rights to the animal subjected to the violation;

and (ii) repay the reasonable costs incurred in caring for each animal associated with the criminal proceeding by a government agency, animal shelter, or an agent of the government agency or animal shelter.

(b) If a government agency, an animal shelter, or an agent of the government agency or animal shelter provides care and treatment for impounded or seized animals, a court that orders a convicted animal owner to repay reasonable costs of care may not reduce the incurred cost amount based on the government agency or animal shelter having received donations or other funding for the care.

(3) (a) (i) If a court orders an animal owner's rights to the animal to be forfeited as part of a criminal case, or pursuant to Title 78B, Chapter 3, Part 13, Petition for Forfeiture of Animal Held in - 7 - HB0087 compared with HB0087S02 Connection with a Crime or Abuse, the court may further order that those rights be given over to an appropriate person or agency that demonstrates a willingness to accept and care for the animal or to the county or an appropriate animal care agency for further disposition in accordance with accepted practices for humane treatment of animals.

(ii) The court may not transfer the animal owner's rights to the animal to any person who resides with the animal owner.

(b) This Subsection (3) does not limit the right of the person or agency to whom rights are granted to resell or otherwise make disposition of the animal.

(c) A transfer of rights under this section constitutes a transfer of ownership.

(d) (i) The court shall order that a person to whom rights are granted under this Subsection (3) be required to execute an agreement to provide minimum care to the animal.

(ii) The agreement described in Subsection (3)(d)(i) shall indicate that a person to whom rights are granted may not allow the former owner to possess the animal.

(4) (a) In addition to, and not in lieu of, any other sentence a court may impose as part of a criminal case, a court may order:

(i) the animal owner or person having custody of an animal to repay any reasonable costs incurred by the following entities for providing minimum care to the animal that are not included in a repayment order issued under Subsection (2):

(A) a government agency or the government agency's agent;

or (B) an animal shelter or the animal shelter's agent;

and (ii) an individual convicted under Section 76-13-104, 76-13-202, 76-13-203, 76-13-204, 76-13-205, 76-13-207, 76-13-212, or 76-13-213, to participate in animal cruelty prevention or education programs, if available, and to obtain an assessment and complete appropriate treatment for any mental health disorder that contributed to the commission of the crime.

(b) The animal owner shall bear any costs incurred for participation in programs or treatment ordered by the court under Subsection (4)(a)(ii).

Section 5.

Section 5 is enacted to read:

Part 13.

Petition for Forfeiture of Animal Held in Connection with a Crime or Abuse 78B-3-1301.

Definitions.

- 8 - HB0087 compared with HB0087S02 As used in this part:

(1) "Animal" means the same as that term is defined in Section 76-13-202.

(2) (a) "Animal shelter" means a facility or program that provides services for stray, lost, impounded, or unwanted animals.

(b) "Animal shelter" includes a facility or program:

(i) that is publicly owned or managed;

(ii) that operates using a municipal or government contract for animal services;

or (iii) that holds animals or places animals for adoption.

(c) "Animal shelter" does not include a private humane society or private animal welfare organization.

(3) "Minimum care" means the following, taking into account the species, age, and physical condition of the animal:

(a) appropriate and essential food and water;

(b) adequate protection, including appropriate shelter, against extreme weather conditions;

and (c) other essential care as may be determined by the animal shelter or court.

Section 6.

Section 6 is enacted to read:

78B-3-1302.

Forfeiture of animal before disposition of criminal action -- Petition -- Notice -- Hearing.

(1) (a) A person may bring a cause of action in court by filing a petition, requesting that the court issue an order that a defendant forfeit ownership of an animal or animals before the final disposition of the defendant's criminal action if:

(i) the animal is impounded under Section 76-13-103 or 77-11b-502, or is otherwise being held by an animal shelter or any other animal care facility;

and (ii) the animal is being held because the animal owner is awaiting the outcome of a criminal action where the animal owner is a defendant facing a criminal animal abuse charge for violating Section 76-13-104, 76-13-202, 76-13-203, 76-13-204, 76-13-205, 76-13-207, 76-13-212, or 76-13-213.

(b) A petition may be filed and heard regardless of whether the specific animal is the subject of a criminal charge or named in the charging instrument in the criminal action.

(c) As part of the petition, the petitioner shall include:

- 9 - HB0087 compared with HB0087S02 (i) a description of the impounded animal or animals;

(ii) the name of the owner or reputed owner of the impounded animal or animals;

(iii) the location from which the animal or animals were impounded;

and (iv) a statement verifying that the petitioner has provided a copy of the petition to the prosecuting attorney.

(d) The petitioner shall serve the owner and any other potential claimant pursuant to Rule 4 of the Utah Rules of Civil Procedure.

(2) Upon receipt of a petition and proof of service, the court shall set a hearing on the petition as soon as is practicable.

(3) (a) At a hearing conducted pursuant to the requirements of this section, the petitioner has the burden of establishing, by a preponderance of the evidence, that:

(i) the animal was subjected to a violation of, or seized in connection with another animal that was subjected to a violation of Section 76-13-104, 76-13-202, 76-13-203, 76-13-204, 76-13-205, 76-13-207, 76-13-212, or 76-13-213;

and (ii) the facts, circumstances, and actions of the animal owner favor an order that the animal owner's ownership of the animal be forfeited.

(b) If the court finds by a preponderance of the evidence that the requirements of Subsection (3)(a) have been met, the court:

(i) shall order immediate forfeiture of the animal to the petitioner, a person designated by the petition, or to an appropriate person or agency;

and (ii) may order any relief consistent with Subsection 77-11a-207(3).

Section 7.

Section 7 is enacted to read:

78B-3-1303.

Placement of forfeited animal.

(1) If an animal is forfeited according to the provisions of this part, the person or animal shelter to which the animal was forfeited may place the animal with a new owner.

(2) Placement preference may be given to any person who had prior contact with the animal, including family members or friends of the former owner whom the court, or the person or animal agency having custody of the animal, determines are capable of providing necessary, adequate, and appropriate levels of care for the animal.

(3) Notwithstanding any other provision of this section, an animal may not be placed with:

- 10 - HB0087 compared with HB0087S02 (a) a person who aided or abetted the criminal conduct underlying the forfeiture or had knowledge of the criminal conduct and failed to intervene;

or (b) a person who resides with the former owner of the animal.

(4) As a condition of placement, the new owner shall execute an agreement that:

(a) prohibits the new owner from allowing the former owner to possess the animal;

and (b) requires the new owner to provide minimum care to the animal.

Section 3.

Effective date.

2-20-26 11:44 AM - 113 -