SB 297                                             LC 10 2945
     
     
     
     
     
     
                        A BILL TO BE ENTITLED
                               AN ACT
   
   
1  To amend Title 4 of the Official Code of Georgia Annotated,
2  relating to animals, so as to change certain references
3  relating to cruelty to animals; to include a certain
4  reference relating to animal fighting; to amend Title 16 of
5  the Official Code of Georgia Annotated, relating to crimes
6  and offenses, so as to revise comprehensively the law
7  relating to the offense of cruelty to animals; to provide
8  that a sentence imposed under Code Section 16-11-107 shall
9  be served consecutively to any sentence imposed under
10  Article 8 of Chapter 12 of this title; to provide that a
11  conviction arising under Code Section 16-11-107 shall not
12  merge with a conviction arising under Article 8 of Chapter
13  12 of this title; to repeal a specific Code section; to
14  define certain terms; to define the offenses of cruelty to
15  animals in the first degree and cruelty to animals in the
16  second degree; to provide certain exemptions; to provide
17  penalties; to provide certain conditions of probation; to
18  define the offense of animal fighting; to provide penalties;
19  to provide certain conditions of probation; to provide for
20  injunctive relief with respect to offenses defined in this
21  Act; to provide for the seizure, impoundment, and forfeiture
22  of animals subject to offenses defined in this Act; to
23  provide grounds for seizure and impoundment, notice, and
24  post seizure proceedings; to provide that any person
25  impounding an animal properly seized under this Act or
26  providing care for an impounded animal under this Act shall
27  have a lien on such animal for costs incurred in the
28  reasonable care for and treatment of the animal; to provide
29  for the foreclosure of liens; to provide that any person who
30  in any way obstructs, interferes with, or hinders the
31  Commissioner of Agriculture or his or her designated agent
32  or any animal control officer or peace officer in carrying
33  out his or her duties under this Act shall be guilty of a
34  misdemeanor; to provide immunity from liability with respect
35  to certain reporting of suspected cases of animal cruelty or
36  animal fighting and participation in judicial proceedings in
37  connection therewith; to amend Part 9 of Article 8 of
   
   
                                
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                                                  LC 10 2945
   
1  Chapter 14 of Title 44 of the Official Code of Georgia
2  Annotated, relating to liens of veterinarians and boarders
3  of animals with respect to the treatment, boarding, or care
4  of animals, so as to change a certain reference relating to
5  cruelty to animals; to provide for related matters; to
6  repeal conflicting laws; and for other purposes.
   
7       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
   
8                           SECTION 1.
   
9  Title 4 of the Official Code of Georgia Annotated, relating
10  to animals, is amended by striking in its entirety Code
11  Section 4-11-10, relating to unlawful acts by persons
12  licensed under Article 1 of Chapter 11 of said title, and
13  inserting in lieu thereof a new Code Section 4-11-10 to read
14  as follows:
   
15    "4-11-10.
   
16    It shall be unlawful for any person licensed under this
17    article or any person employed by a person licensed under
18    this article or under his or her supervision or control
19    to:
   
20      (1) Commit a violation of Code Section 16-12-4 16-12-181
21      or 16-12-182, relating to cruelty to animals or animal
22      fighting, when such violation occurs on the premises of
23      or is related to the operation of the pet dealership,
24      animal shelter, kennel, or stable for which the license
25      has been issued or any other such facility operated by
26      the same person;
   
27      (2) Fail to keep the pet dealership premises, animal
28      shelter, kennel, or stable in a good state of repair, in
29      a clean and sanitary condition, adequately ventilated,
30      or disinfected when needed;
   
31      (3) Fail to provide adequate food and water;
   
32      (4) Fail to provide adequate and humane care for any
33      dog, cat, equine, or other animal at such facility; or
   
34      (5) Fail to take reasonable care to release for sale,
35      trade, or adoption only those animals which appear to be
36      free of disease, injuries, or abnormalities."
   
37                           SECTION 2.
   
38  Said title is further amended by striking in its entirety
39  Code Section 4-13-3, relating to certain prohibited acts
   
   
                                
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1  with respect to the humane care for equines, and inserting
2  in lieu thereof a new Code Section 4-13-3 to read as
3  follows:
   
4    "4-13-3.
   
5    It shall be unlawful for the owner of any equine:
   
6      (1) To commit a violation of Code Section 16-12-4
7      16-12-181, relating to cruelty to animals, which
8      involves an equine owned by, possessed by, or in the
9      custody or control of such person;
   
10      (2) To fail to provide adequate food and water to such
11      equine;
   
12      (3) To fail to provide humane care for such equine;
   
13      (4) To unnecessarily overload, overdrive, torment, or
14      beat any equine or to cause the death of any equine in a
15      cruel or inhumane manner; or
   
16      (5) To interfere with or hinder the Commissioner or his
17      or her designated agent or any sheriff, deputy sheriff,
18      or other law enforcement officer in carrying out his or
19      her duties under this chapter."
   
20                           SECTION 3.
   
21  Title 16 of the Official Code of Georgia Annotated, relating
22  to crimes and offenses, is amended by striking in its
23  entirety subsection (b) of Code Section 16-11-107, relating
24  to the offense of destroying or injuring a police dog or
25  police horse, and inserting in lieu thereof the following:
   
26    "(b) Any person who knowingly and intentionally destroys
27    or causes serious or debilitating physical injury to a
28    police dog or police horse, knowing said dog to be a
29    police dog or said horse to be a police horse, shall be
30    guilty of a felony and, upon conviction thereof, shall be
31    punished by imprisonment for not less than one nor more
32    than five years, or a fine not to exceed $10,000.00, or
33    both.  This subsection shall not apply to the destruction
34    of a police dog or police horse for humane purposes. A
35    sentence imposed under this Code section shall be served
36    consecutively to any sentence imposed under Article 8 of
37    Chapter 12 of this title.
   
38    (c) A conviction arising under this Code section shall not
39    merge with a conviction arising under Article 8 of Chapter
40    12 of this title."
   
   
                                
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1                           SECTION 4.
   
2  Said title is further amended by striking in its entirety
3  Code Section 16-12-4, relating to the offense of cruelty to
4  animals, which reads as follows:
   
5    "16-12-4.
   
6    (a) A person is guilty of a misdemeanor of cruelty to
7    animals in the second degree when his act, omission, or
8    neglect causes unjustifiable physical pain, suffering, or
9    death to any living animal.
   
10    (b) A person is guilty of a misdemeanor of cruelty to
11    animals in the first degree upon a second or subsequent
12    violation of subsection (a) of this Code section and, upon
13    conviction, may be punished by imprisonment not to exceed
14    12 months or a fine not to exceed $5,000.00 or both.
   
15    (c) This Code section does not apply to the killing of
16    animals raised for the purpose of providing food nor does
17    it apply to any person who hunts wild animals in
18    compliance with the game and fish laws of this state.  The
19    killing or injuring of an animal for humane purposes or in
20    the furtherance of medical or scientific research is
21    justifiable.",
   
22  and inserting in lieu thereof the following:
   
23    "16-12-4.
   
24    Reserved."
   
25                           SECTION 5.
   
26  Said title is further amended by adding following Article 7
27  of Chapter 12, relating to offenses against public health
28  and morals, a new Article 8 to read as follows:
   
29                           "ARTICLE 8
   
30    16-12-180.
   
31    (a) As used in this article, the term:
   
32      (1) 'Abandonment' means the intentional and complete
33      forsaking or deserting of a domesticated animal by its
34      owner, without making reasonable arrangements for
35      adequate care and custody of that animal to be assumed
36      by another person. An animal that is deserted when
37      premises are temporarily vacated for the protection of
38      human life during a disaster shall not be regarded as
39      abandoned under this article where the owner or
   
                                
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1      custodian lacked sufficient time or resources to make
2      reasonable arrangements for the adequate care and
3      custody of the animal. Any animal placed in the custody
4      of a licensed veterinarian for treatment, boarding, or
5      other care and which is unclaimed by its owner for a
6      period of more than ten days after written notice by
7      certified mail, return receipt requested, is given to
8      the owner at his or her last known address, shall be
9      deemed to be abandoned.
   
10      (2) 'Adequate care' means that attention to the needs of
11      an animal, including, but not limited to, the provision
12      of adequate water, adequate food, adequate shelter,
13      sanitary conditions, and adequate veterinary medical
14      attention necessary to maintain reasonable health in a
15      specific age, size, species, and breed of animal.
   
16      (3) 'Adequate food' means that quantity of palatable,
17      noncontaminated, and nutritionally adequate food, fed
18      according to age, size, species, and breed requirements,
19      or as directed by a veterinarian, not including garbage,
20      which is sufficient to prevent starvation or a
21      significant risk to the animal's health from a lack of
22      food.
   
23      (4) 'Adequate shelter' means:
   
24        (A) Access to shelter which provides adequate
25        protection from the elements suitable to the age,
26        size, species, and breed of animal and weather
27        conditions, sufficient to maintain the animal's body
28        heat, keep the animal dry, protect the animal from any
29        physical damage resulting from temperature conditions,
30        and prevent pain and suffering by the animal;
   
31        (B) Adequate space for exercise suitable to the age,
32        size, species, and breed of animal; and
   
33        (C) In the case of animals kept indoors, adequate
34        ventilation by natural or mechanical means so as to
35        minimize drafts, odors, and moisture condensation and
36        to provide for the health of the animal at all times.
37        Adequate shelter may be comprised of structures or
38        natural features such as trees and topography.
   
39      In the case of livestock, nothing in this article shall
40      be construed as imposing shelter requirements or
41      standards more stringent than normally accepted
   
   
   
                                
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1      husbandry practices in the particular county where the
2      animal is located.
   
3      (5) 'Adequate water' means that quantity of clean,
4      fresh, potable water offered at suitable intervals
5      according to age, size, species, and breed requirements
6      or as dictated by naturally occurring states of
7      hibernation normal for the species or as directed by a
8      veterinarian which is sufficient to prevent dehydration
9      or a significant risk to the animal's health from a lack
10      of water.
   
11      (6) 'Animal' means any nonhuman mammal, bird, reptile,
12      amphibian, or fish.
   
13      (7) 'Cruel mistreatment' includes every act whereby pain
14      or suffering of an animal is intentionally or recklessly
15      caused or permitted.
   
16      (8) 'Cruel neglect' includes every act or omission to
17      act whereby pain or suffering of an animal is
18      neglectfully caused or permitted, including the failure
19      to provide adequate care.
   
20      (9) 'Domesticated animal' means any animal that, through
21      long association with humans, has been adapted to human
22      living conditions and practical uses and is actually
23      owned by a person.
   
24      (10) 'Livestock' means cattle, swine, equine, poultry,
25      sheep, goats, ratites, nontraditional livestock,
26      rabbits, and ruminants.
   
27      (11) 'Nondomesticated animal' means any animal that is
28      not a domesticated animal, including a stray.
   
29      (12) 'Owner' includes, in addition to its ordinary
30      meaning, any person who is possessing, keeping,
31      harboring, training, or controlling an animal or
32      professes to be owning, possessing, keeping, harboring,
33      training, or controlling an animal.
   
34      (13) 'Person' includes any individual, partnership,
35      firm, corporation, association, trust, estate, or other
36      legal entity. The knowledge and acts of agents and
37      employees of partnerships, firms, corporations,
38      associations, trusts, estates, and other legal entities
39      in regard to animals transported, owned, employed by, or
40      in the custody of such legal entity shall be held to be
41      the knowledge and act of such legal entity. The parent
   
   
                                
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1      or guardian of a minor child shall be held jointly
2      responsible with the minor child for the adequate care
3      of any animal owned by, in the control of, or harbored
4      by that minor child.
   
5      (14) 'Police animal' means any animal trained to assist
6      a peace officer in the performance of his or her duties,
7      including, but not limited to, police dogs and police
8      horses as defined in Code Section 16-11-107.
   
9      (15) 'Sanitary conditions' means space free from health
10      hazards including excessive animal waste, excessive
11      garbage or trash, overcrowding of animals, parasites and
12      other irritants, or other conditions that endanger an
13      animal's health. In the case of livestock, nothing in
14      this article shall be construed as imposing sanitation
15      requirements or standards more stringent than normally
16      accepted husbandry practices in the particular county
17      where the animal is located.
   
18      (16) 'Serious injury' includes any injury to any animal
19      which creates a substantial risk of death or which
20      causes prolonged impairment of health, prolonged loss or
21      impairment of the function of any bodily organ,
22      prolonged or permanent disfigurement, or prolonged or
23      permanent physical pain. Serious injury shall also
24      include any administration to any animal of any
25      poisonous substance in a manner other than the
26      reasonable and intended use of such substance.
   
27      (17) 'Unnecessary' means that which is not preceded by a
28      reasonable effort by the actor to deal with an animal in
29      a manner that would not impair the health, safety, or
30      welfare of the animal.
   
31      (18) 'Veterinary medical attention' means providing an
32      animal with care or supervision by a properly licensed
33      practitioner of veterinary medicine as defined in
34      Chapter 50 of Title 43, sufficient to maintain an animal
35      in a state of reasonable health and to prevent pain or
36      suffering by an animal.
   
37    (b) Unless pain or suffering of an animal is maliciously
38    or with wanton recklessness caused or permitted, the
39    following practices are exempt from the provisions of this
40    article:
   
   
   
   
                                
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1      (1) Care or treatment performed by a licensed
2      veterinarian within the provisions of Chapter 50 of
3      Title 43, including all cosmetic surgeries;
   
4      (2) Bona fide medical or scientific tests, experiments,
5      or teachings conducted to produce a tangible and
6      material benefit to humans or animals, provided that
7      said tests, experiments, or teachings are in compliance
8      with 7 U.S.C. Section 2143(a)(3), as the same is, or
9      hereafter may be, amended; or experiments or teaching
10      conducted in compliance with regulations promulgated
11      under the federal Animal Welfare Act, 7 U.S.C. Section
12      2131, et. seq., as the same is, or hereafter may be,
13      amended;
   
14      (3) Hunting, fishing, or trapping as allowed under
15      Chapters 1 through 5 of Title 27;
   
16      (4) Facilities and publicly funded zoological parks or
17      aquariums in compliance with the federal Animal Welfare
18      Act, 7 U.S.C. Section 2131, et seq., as the same is now
19      or hereafter amended;
   
20      (5) Standard rodeo practices;
   
21      (6) The lawful, humane destruction of an animal by an
22      animal control officer, the operator of an animal
23      shelter, a veterinarian, a peace officer, or a health
24      official or under any other circumstances authorized by
25      law;
   
26      (7) The humane destruction of any animal found diseased
27      or injured beyond recovery to prevent prolonged
28      suffering by the animal;
   
29      (8) Normal or accepted practices of animal husbandry
30      with respect to livestock;
   
31      (9) The use of reasonable and necessary force, including
32      restraint, capture, or killing, against any domesticated
33      animal, other than a police animal engaged in the lawful
34      discharge of its official duties, at any time by any
35      person where the animal is outside the owned or rented
36      property of its owner and the person using the force
37      reasonably believes that the animal is injuring or
38      posing an immediate threat of injury to a person or
39      another animal, and the person or other animal being
40      injured or immediately threatened did not provoke or
41      instigate the injury or immediate threat by any unlawful
42      behavior;
   
                                
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1      (10) The use of reasonable and necessary force,
2      including restraint, capture, or killing, against any
3      nondomesticated animal at any time by any person where
4      the person using the force:
   
5        (A) Reasonably believes that the animal is injuring or
6        posing an immediate threat of injury to a person or
7        another animal, and the person or other animal being
8        injured or immediately threatened did not provoke or
9        instigate the injury or immediate threat by any
10        unlawful behavior; or
   
11        (B) Reasonably believes that the animal is injuring or
12        posing an immediate threat of injury to any property;
   
13      (11) The use of reasonable and necessary force,
14      including restraint, capture, or killing, against any
15      domesticated animal by the owner of said animal, where
16      the animal is injuring or is posing an immediate threat
17      of injury to any person, other animal, or property;
   
18      (12) The use of reasonable and necessary force not
19      including killing, by a property owner or lessee of
20      property to eject any domesticated animal or
21      nondomesticated animal, other than a police animal
22      engaged in the lawful discharge of its official duties,
23      which is trespassing on said property;
   
24      (13) The extermination or fumigation of house or garden
25      pests, not to include domesticated animals;
   
26      (14) The killing of venomous animals which are posing a
27      threat to human or animal life or property;
   
28      (15) The use of electronic training or locating collars
29      or containment devices by the owner of an animal, or
30      authorized by the owner of an animal, for the purpose of
31      lawful animal training or protecting against the loss of
32      the animal;
   
33      (16) The training or engaging of an animal to accomplish
34      a task or participate in an activity, exhibition, or
35      competition designed to develop or showcase the physical
36      or mental characteristics of that animal;
   
37      (17) The killing of any animal normally or commonly
38      raised for human consumption;
   
39      (18) Religious practices, ritual slaughter, or the
40      handling or other preparation of animals for ritual
41      slaughter, provided that such activities are in
   
                                
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1      accordance with the Humane Methods of Slaughter Act of
2      1978, 21 U.S.C. Section 601, et. seq., as the same is,
3      or hereafter may be, amended; or
   
4      (19) Normal docking, cropping, or declawing procedures
5      in accordance with breed standards, where performed by
6      or at the direction of the owner of an animal, provided
7      that such procedures do not involve the practice of
8      veterinary medicine as defined in Chapter 50 of Title
9      43.
   
10    16-12-181.
   
11    (a) A person is guilty of cruelty to animals in the second
12    degree when the person:
   
13      (1) Subjects any animal to cruel mistreatment;
   
14      (2) Subjects any animal owned by the person to cruel
15      neglect;
   
16      (3) Subjects any animal to abandonment, where such
17      abandonment does not result in death or serious injury;
   
18      (4) Confines or causes to be confined any animal in a
19      motor vehicle or other enclosed space in which the
20      temperature is either so high or so low as to result in
21      cruel mistreatment;
   
22      (5) Transports or confines or causes to be transported
23      or confined any animal in a manner that results in cruel
24      mistreatment or cruel neglect or which presents a
25      substantial risk to the safety of the animal or to
26      public safety;
   
27      (6) Ties, tethers, or restrains or causes to be tied,
28      tethered, or retrained any animal for more than three
29      consecutive days; or
   
30      (7) Obstructs, interferes with, or hinders the
31      Commissioner of Agriculture or his or her designated
32      agent or any animal control officer in the investigation
33      of any violation under this Code section.
   
34    (b) Any person who is convicted of a violation of
35    subsection (a) of this Code section shall be punished as
36    for a misdemeanor; provided, however, that:
   
37      (1) Upon a conviction for a second violation of
38      subsection (a) of this Code section or upon conviction
39      for a violation of subsection (a) of this Code section
40      where the defendant has previously been convicted of a
   
                                
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1      violation of subsection (c) of this Code section or upon
2      conviction for a violation of subsection (a) of this
3      Code section where the defendant has previously been
4      convicted under the laws of any state or of the United
5      States which would constitute a violation of either
6      subsection (a) or (c) of this Code section, the
7      defendant shall be punished as for a misdemeanor of a
8      high and aggravated nature and, in addition to any
9      imprisonment which might be imposed, shall be fined not
10      less than $500.00 and the fine shall not be suspended,
11      stayed, or probated;
   
12      (2) Upon conviction for a violation of subsection (a) of
13      this Code section where the defendant has two previous
14      convictions for violations of subsection (a) or (c) of
15      this Code section or for violations under the laws of
16      any state or of the United States which would constitute
17      violations of either subsection (a) or (c) of this Code
18      section or any combination thereof, the defendant shall
19      be punished as for a misdemeanor of a high and
20      aggravated nature and, in addition to or in lieu of any
21      fine which might be imposed, the defendant shall be
22      sentenced to not less than 30 days' imprisonment and
23      such sentence of imprisonment shall not be suspended,
24      probated, deferred, or withheld; and
   
25      (3) Upon conviction for a violation of subsection (a) of
26      this Code section where the defendant has three or more
27      previous convictions for violations of subsection (a) or
28      (c) of this Code section or for violations under the
29      laws of any state or of the United States which would
30      constitute violations of either subsection (a) or (c) of
31      this Code section or any combination thereof, the
32      defendant shall be guilty of a felony and shall be
33      punished by imprisonment for not less than one nor more
34      than ten years and a fine not to exceed $10,000.00 and
35      the first year of such sentence shall not be suspended,
36      probated, deferred, or withheld.
   
37    (c) A person is guilty of cruelty to animals in the first
38    degree when the person:
   
39      (1) Subjects any animal to cruel mistreatment which
40      results in death or serious injury;
   
41      (2) Subjects any animal owned by the person to cruel
42      neglect which results in death or serious injury;
   
   
   
                                
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1      (3) Intentionally and maliciously kills any animal where
2      the killing is unnecessary; or
   
3      (4) Subjects any animal to abandonment, where the
4      abandonment results in death or serious injury to the
5      animal.
   
6    (d) Any person who is convicted of a violation of
7    subsection (c) of this Code section shall be guilty of a
8    felony and shall be punished by imprisonment for not less
9    than one nor more than ten years and a fine not to exceed
10    $10,000.00; provided, however, that the period of
11    incarceration ordered on an initial sentence for a
12    violation of subsection (c) of this Code section, where
13    the defendant has no prior felony convictions, shall not
14    exceed five years.
   
15    (e) As a part of the sentence for a violation of
16    subsection (a) or (c) of this Code section, the court may,
17    as a condition of probation, order the defendant not to
18    own or possess any animal or impose any other reasonable
19    restrictions on the person's ownership or possession of
20    animals, including periodic visits by an animal control
21    officer as necessary for the protection of the animals,
22    for a period of time not to exceed the period of
23    probation. If a person is convicted of a second or
24    subsequent violation of subsection (a) or a violation of
25    subsection (c) of this Code section, the court may enter
26    an order under this subsection prohibiting the defendant
27    from owning or possessing any animal or imposing any other
28    reasonable restrictions on the person's ownership or
29    possession of animals, including periodic visits by an
30    animal control officer as necessary for the protection of
31    the animals, for any period of time, which may include
32    permanent relinquishment of animal ownership.
   
33    (f) A person who owns or possesses an animal in violation
34    of an order issued under subsection (e) of this Code
35    section is subject to revocation of probation in any case
36    where the order is issued as a condition of probation. A
37    person who owns or possesses an animal in violation of an
38    order issued under subsection (e) of this Code section is
39    also subject to the civil and criminal contempt powers of
40    the court and, if found guilty of criminal contempt, may
41    be punished by imprisonment for not more than 20 days or a
42    fine of not more than $500.00.
   
   
   
                                
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1    (g) A sentencing court shall require a person convicted of
2    a violation of subsection (a) or (c) of this Code section
3    to pay restitution to any person, including any local
4    humane society, county or municipal pound or animal
5    shelter, veterinarian, or peace officer, for any pecuniary
6    loss suffered by the person as a result of the violation,
7    including expenses incurred in caring for or treating any
8    animal that is involved in the violation. The requirement
9    of this subsection applies regardless of whether the
10    criminal violator is placed on probation. Where
11    restitution is ordered, the court shall consider the
12    financial resources and future ability of the criminal
13    violator to pay such restitution and shall determine the
14    method of payment. Upon the application of any interested
15    party, the court shall schedule and hold an evidentiary
16    hearing to determine the value of any pecuniary loss under
17    this subsection.
   
18    (h) Where a defendant has been convicted of a violation of
19    subsection (a) or paragraph (4) of subsection (c) of this
20    Code section, the court may, prior to sentencing, order
21    the defendant to undergo a complete psychiatric or
22    psychological evaluation by a mental health professional
23    selected by the court. As a part of any sentence imposed,
24    the court may order the defendant to repay the costs of
25    any psychiatric or psychological evaluation.
   
26    (i) Where a defendant has been convicted of a violation of
27    paragraph (1), (2), or (3) of subsection (c) of this Code
28    section, the court shall, prior to sentencing, order the
29    defendant to undergo a complete psychiatric or
30    psychological evaluation by a mental health professional
31    selected by the court. The court shall review said
32    evaluation prior to sentencing. As a part of any sentence
33    imposed, the court may order the defendant to repay the
34    costs of any psychiatric or psychological evaluation.
   
35    (j) As a condition of any sentence imposed under this Code
36    section, the court may order the defendant to participate
37    in an animal cruelty prevention or education program or
38    obtain psychiatric or psychological counseling to treat
39    mental health problems contributing to the commission of
40    the violation. As a part of any sentence imposed, the
41    court may order the defendant to repay the costs of the
42    program or treatment.
   
   
   
   
                                
                                 -13-
   
                                                  LC 10 2945
   
1    (k) For the purposes of subsections (a) and (c) of this
2    Code section, each act of cruelty shall be considered a
3    separate offense.
   
4    (l) Evidence of proper care of any animal shall not be
5    admissible in the defense of alleged cruelty to a
6    different animal.
   
7    (m) A conviction of a violation of paragraph (3) of
8    subsection (a) or paragraph (4) of subsection (c) of this
9    Code section or a finding of abandonment in any judicial
10    proceeding shall constitute a relinquishment by the owner
11    of an animal of all rights and claims to such animal.
   
12    (n) Notwithstanding the provisions of Code Section
13    24-9-29, any licensed veterinarian or veterinary
14    technician who in good faith participates in an
15    investigation of a violation of this Code section or in
16    any judicial or other proceeding resulting from such
17    investigation shall, in so doing, be immune from any civil
18    or criminal liability that might otherwise be incurred or
19    imposed.
   
20    16-12-182.
   
21    (a) A person commits the offense of animal fighting when
22    he or she intentionally;
   
23      (1) For amusement or gain or to facilitate gambling
24      causes, allows, or permits any animal to engage in
25      animal fighting;
   
26      (2) Owns, possesses, keeps, trains, breeds, promotes,
27      uses, purchases, or sells any animal for animal fighting
28      in the State of Georgia;
   
29      (3) Receives compensation for the admission of another
30      person to any place kept or used for animal fighting;
   
31      (4) Permits any place under his or her control or
32      possession to be kept or used for animal fighting;
   
33      (5) Pays for admission to an animal fight, attends, or
34      witnesses an animal fight as a spectator, where said
35      animal fight is presented for amusement or gain;
   
36      (6) Places a wager on an animal fight;
   
37      (7) In any way encourages, aids, or assists in any
38      conduct prohibited by paragraphs (1) through (6) of this
39      subsection; or
   
   
                                
                                 -14-
   
                                                  LC 10 2945
   
1      (8) Obstructs, interferes with, or hinders any animal
2      control officer in the investigation of any  violation
3      under this Code section.
   
4    (b) Any person convicted of a violation of subsection (a)
5    of this Code section shall be guilty of a felony and shall
6    be punished by imprisonment for not less than one nor more
7    than ten years and a fine not to exceed $10,000.00;
8    provided, however, that the period of incarceration
9    ordered on an initial sentence for a violation of
10    subsection (a) of this Code section, where the defendant
11    has no prior felony convictions, shall not exceed five
12    years.
   
13    (c) As a part of the sentence for a violation of
14    subsection (a) of this Code section, the court may enter
15    an order prohibiting the defendant from owning or
16    possessing any animal or imposing any other reasonable
17    restrictions on the person's ownership or possession of
18    animals, including periodic visits by an animal control
19    officer as necessary for the protection of the animals,
20    for any period of time which may include permanent
21    relinquishment of animal ownership.
   
22    (d) A person who owns or possess an animal in violation of
23    an order issued under subsection (c) of this Code section
24    is subject to revocation of probation if the order is
25    issued as a condition of probation. A person who owns or
26    possesses an animal in violation of an order issued under
27    subsection (c) of this Code section is also subject to the
28    civil and criminal contempt power of the court and, if
29    found guilty of criminal contempt, may be punished by
30    imprisonment for not more than 20 days or a fine of not
31    more than $500.00.
   
32    (e) A sentencing court shall require a person convicted of
33    a violation of subsection (a) of this Code section to pay
34    restitution to any person, including any local humane
35    society, county or municipal pound or animal shelter,
36    veterinarian, or peace officer, for any pecuniary loss
37    suffered by the person as a result of the violation of
38    this Code section, including expenses incurred in caring
39    for or treating any animal that is involved in the
40    violation. This requirement applies regardless of whether
41    the criminal violator is placed on probation. Where
42    restitution is ordered, the court shall consider the
43    financial resources and future ability of the criminal
44    violator to pay such restitution and shall determine the
   
                                
                                 -15-
   
                                                  LC 10 2945
   
1    method of payment. Upon the application of any interested
2    party, the court shall schedule and hold an evidentiary
3    hearing to determine the value of any pecuniary loss under
4    this subsection.
   
5    (f) Where a defendant has been convicted of a violation of
6    subsection (a) of this Code section, the court may, prior
7    to sentencing, order the defendant to undergo a complete
8    psychiatric or psychological evaluation by a mental health
9    professional selected by the court. As a part of any
10    sentence imposed, the court may order the defendant to
11    repay the costs of any psychiatric or psychological
12    evaluation.
   
13    (g) As a condition of any sentence imposed under this Code
14    section, the court may order the defendant to participate
15    in an animal cruelty prevention or education program or
16    obtain psychiatric or psychological counseling to treat
17    mental health problems contributing to the commission of
18    the violation. As a part of any sentence imposed, the
19    court may order the defendant to repay the costs of the
20    program or treatment.
   
21    (h) For the purposes of subsection (a) of this Code
22    section, each act of animal fighting shall be considered a
23    separate offense.
   
24    (i) Evidence of proper care of any animal shall not be
25    admissible in the defense of alleged fighting of a
26    different animal.
   
27    (j) Notwithstanding the provisions of Code Section
28    24-9-29, any licensed veterinarian or veterinary
29    technician who in good faith participated in an
30    investigation of a violation of this Code section or in
31    any judicial or other proceeding resulting from such
32    investigation shall, in so doing, be immune from any civil
33    or criminal liability that might otherwise be incurred or
34    imposed.
   
35    16-12-183.
   
36    The Commissioner of Agriculture or his or her designated
37    agent, any peace officer or animal control officer, any
38    district attorney or assistant district attorney, or any
39    solicitor-general or assistant solicitor-general who has
40    probable cause to believe that an animal has been
41    subjected to cruelty to animals in violation of Code
42    Section 16-12-181 or kept, used, or intended to be used
   
   
                                
                                 -16-
   
                                                  LC 10 2945
   
1    for animal fighting in violation of Code Section 16-12-182
2    may apply to the superior court of the county in which the
3    animal is located for an injunction or restraining order.
4    Such court shall have jurisdiction and, for cause shown,
5    may grant a temporary or permanent injunction or an ex
6    parte or restraining order restraining or enjoining any
7    person from violating and continuing to violate the
8    provisions of this article and requiring such person to
9    provide certain care to the animal without removal of the
10    animal from its present location. Such injunction or
11    restraining order shall be issued without bond and may be
12    granted notwithstanding the fact that the violation
13    constitutes a criminal act or notwithstanding the pendency
14    of any criminal prosecution for the same violation.
   
15    16-12-184.
   
16    (a) If the Commissioner of Agriculture or his or her
17    designated agent or any peace officer or animal control
18    officer has probable cause to believe that an animal has
19    been subjected to cruelty to animals in violation of Code
20    Section 16-12-181 or kept, used, or intended to be used
21    for animal fighting in violation of Code Section 16-12-182
22    and no responsible person can be found to assume the
23    animal's care, that person may make application to a
24    judicial officer within the meaning of Code Section
25    17-5-21 for an order authorizing the seizure and
26    impoundment of that animal.
   
27    (b) Where an animal has been the subject of an injunction
28    or restraining order issued pursuant to Code Section
29    16-12-183 and the Commissioner of Agriculture or his or
30    her designated agent or any peace officer or animal
31    control officer has probable cause to believe that
32    conditions of the injunction or restraining order as to
33    that animal are not being met, that person may make
34    application to a judicial officer within the meaning of
35    Code Section 17-5-21 for an order authorizing seizure and
36    impoundment of that animal.
   
37    (c) Where there is clear and imminent danger to an
38    animal's life and there is not sufficient time to obtain a
39    seizure order, the Commissioner of Agriculture or his or
40    her designated agent or a peace officer or animal control
41    officer may, without a warrant, take only such appropriate
42    and reasonable action as is needed to remove the animal
43    from the immediate danger, including seizure and
44    impoundment of the animal if necessary, and said person
   
                                
                                 -17-
   
                                                  LC 10 2945
   
1    shall be immune from civil or criminal liability that
2    might otherwise be incurred or imposed for any property
3    damage resulting from actions taken under this subsection.
   
4    (d) It shall be the duty of any person designated for
5    seizing and impounding an animal under subsection (a),
6    (b), or (c) of this Code section to make reasonable and
7    proper arrangements to provide the impounded animal with
8    adequate and necessary shelter, adequate food, adequate
9    water, veterinary services, and humane care and to take
10    such actions as to ensure the survival of the animal or
11    the humane euthanasia of the animal and disposal thereof
12    if such actions are necessary. Such arrangements may
13    include, but shall not be limited to, providing shelter
14    and care for the animal at any state, federal, county,
15    municipal, or governmental facility or shelter,
16    contracting with a private individual, partnership,
17    corporation, association, or other entity to provide
18    adequate shelter, adequate food, adequate water,
19    veterinary services, and humane care for a reasonable fee,
20    or allowing a private individual, partnership,
21    corporation, association, or other entity to provide
22    adequate shelter, adequate food, adequate water,
23    veterinary services, and humane care as a volunteer. Any
24    state, federal, county, municipal, or governmental
25    facility or shelter or any private individual,
26    partnership, corporation, association, or other entity
27    providing adequate food, adequate shelter, adequate water,
28    veterinary services, and humane care to an animal seized
29    and impounded under this Code section shall be designated
30    as a care provider for the purposes of this Code section.
   
31      (e)(1) It shall be the duty of any person seizing and
32      impounding an animal under this Code section to notify
33      the owner of such animal immediately upon seizure and
34      impoundment. Such notice shall include a copy of the
35      seizure order, if any, and written notice of the
36      seizure. Said documents may be left in a conspicuous
37      place at the place of seizure, delivered to a person
38      residing at the place of seizure, or delivered by
39      registered mail to the owner. If the owner of such
40      animal is unknown or cannot be found, service of the
41      notice on the owner may be accomplished by publishing
42      the notice once in a newspaper of general circulation in
43      the county or municipality where the animal was
44      impounded. The notice shall contain the following
45      information:
   
                                
                                 -18-
   
                                                  LC 10 2945
   
1        (A) The name, business address, and business telephone
2        number of the seizing officer and the name of the
3        agency with which the seizing officer is affiliated;
   
4        (B) A description of the animal seized, including any
5        identification on the animal;
   
6        (C) The authority and purpose for the seizure,
7        including the time, place, and circumstances under
8        which the animal was seized;
   
9        (D) A description of legal remedies available to the
10        owner, including:
   
11          (i) A 'Declaration of Ownership or Right to Keep the
12          Animal' form;
   
13          (ii) Instructions as to where said document must be
14          delivered by the owner;
   
15          (iii) Instructions that such delivery must take
16          place within ten days, including weekends and
17          holidays, of the date of the notice; and
   
18          (iv) Instructions that such delivery may be
19          accomplished in person or by registered mail; and
   
20        (E) A statement that the cost of care for and
21        treatment of the animal properly seized under this
22        Code section is a lien on the animal and that the
23        animal shall not be returned to the owner until said
24        costs are paid and that failure to attend a scheduled
25        post seizure hearing shall also result in liability
26        for these costs.
   
27      (2) Such notice shall be deemed sufficient if it is in
28      substantially the following form:
   
29                    'NOTICE OF ANIMAL SEIZED
30                 PURSUANT TO O.C.G.A. 16-12-184
   
31        To Whom It May Concern:
   
32        A. You are hereby notified that the following
33        described animal: (give full and accurate description
34        of same, including any marks, tags, or other
35        identifiers) has been seized by: (give name, business
36        address, business telephone, and name of agency with
37        which the seizing officer is affiliated).
   
38        B. The above-described animal was seized at
39        ____:____A.M./P.M. on the day of __________, ____.
   
   
                                
                                 -19-
   
                                                  LC 10 2945
   
1        This seizure occurred at: (give full and accurate
2        description of place seizure occurred).
   
3        C. The enclosed "Declaration of Ownership or Right to
4        Keep the Animal" form must be signed and one copy
5        delivered to the proper prosecuting attorney, (name),
6        at (address), and one copy returned to the seizing
7        officer WITHIN TEN (10) DAYS. The ten days shall be
8        counted consecutively beginning with the day
9        immediately following the date of this notice;
10        provided, however, that, if the tenth day falls on a
11        Saturday, Sunday, or legal holiday, then the last day
12        on which the form may be delivered shall be the next
13        day that is not a Saturday, Sunday, or legal holiday.
14        The forms shall be delivered in person or mailed by
15        registered mail to the addresses indicated on this
16        notice of seizure, postmarked not later than the last
17        day for delivery. Failure to make an appropriate and
18        timely delivery may result in forfeiture of your
19        custody of this animal.
   
20        D. The costs of care for and treatment of the animal
21        properly seized under O.C.G.A. 16-12-184 is a lien on
22        the animal, and the animal shall not be returned to
23        the owner until said costs are paid and the failure to
24        attend a scheduled hearing, properly requested under
25        item C. of this notice, shall also result in liability
26        for these costs.
   
27                                                             
   
28                    DECLARATION OF OWNERSHIP
29                  OR RIGHT TO KEEP THE ANIMAL
   
30      Under penalty of law, I do hereby swear the following
31      information is true and complete, to the best of my
32      knowledge:
   
33        1. The animal seized by (agency or officer) on (date),
34        in particular a (describe animal), is properly and
35        legally owned by me, or that I have a right, under the
36        laws of the State of Georgia, to keep the
37        above-described animal.
   
38        2. I hereby request a post seizure hearing, pursuant
39        to O.C.G.A. 16-12-184.
   
40        3. I request this hearing to be held as soon as
41        possible but no later than 20 days, including weekends
   
   
                                
                                 -20-
   
                                                  LC 10 2945
   
1        and holidays, from the receipt of this request by the
2        proper prosecuting attorney.
   
3        4. I can be reached at the following telephone number
4        and address:                                         .
   
5                                            __________________
6                                               (Signature)'  
   
7    (f) It shall be the duty of any person seizing and
8    impounding an animal under this Code section to
9    immediately deliver to the office of the prosecuting
10    attorney serving the court which would have jurisdiction
11    over criminal charges related to the seized animal a copy
12    of the seizure order, if any, and notice.
   
13    (g) In order to receive a post seizure hearing, the owner
14    of any animal seized pursuant to this Code section shall
15    request the hearing by signing and returning a copy of the
16    'Declaration of Ownership or Right to Keep the Animal'
17    form to the proper prosecuting attorney and to the seizing
18    officer. Said delivery must be made within ten days,
19    including Saturdays, Sundays, and legal holidays. The ten
20    days shall be counted consecutively beginning with the day
21    immediately following the date of the notice; provided,
22    however, that if the tenth day falls on a Saturday,
23    Sunday, or legal holiday, then the last day on which the
24    form may be delivered shall be the next day that is not a
25    Saturday, Sunday, or legal holiday. The forms shall be
26    delivered in person or mailed by registered mail to the
27    addresses indicated on the Notice of Seizure, postmarked
28    not later than the last day for delivery.
   
29    (h) If no hearing is requested, then the court shall enter
30    an order that the owner shall have no further custody of
31    the animal, that custody of the animal shall be granted to
32    an appropriate animal control agency for sale, adoption,
33    or other humane disposal in accordance with law and the
34    policy of that agency, and that the owner, if known, shall
35    pay to any care providers the costs incurred in the
36    reasonable care for and treatment of the animal between
37    the date of seizure and the date of the order. Any
38    proceeds from the sale of such animal shall be used first
39    to pay the costs of care given the animal, and any funds
40    remaining shall be paid into the state treasury if the
41    animal was impounded by the Commissioner of Agriculture or
42    into the county treasury if the animal was impounded by an
43    animal control or peace officer of a county or into the
   
                                
                                 -21-
   
                                                  LC 10 2945
   
1    municipal treasury if the animal was impounded by an
2    animal control or peace officer of a municipality.
   
3    (i) Upon receipt of a request for hearing, the prosecuting
4    attorney shall schedule a hearing before an appropriate
5    court of inquiry. Said hearing shall be held as soon as
6    possible, but not later than 20 days from the date of
7    receipt of the request, including weekends and holidays.
8    The prosecuting attorney shall provide reasonable notice
9    to the owner of the animal as to the time and location of
10    the scheduled hearing.
   
11    (j) If no hearing is held, then the court shall, upon
12    application of the owner, enter an order returning the
13    animal to the owner and requiring that the costs incurred
14    in the reasonable care for and treatment of the animal
15    between the date of seizure and the date of the order be
16    paid to any care provider by the seizing agency.
   
17    (k) If, after having received reasonable notice of a
18    scheduled hearing, the owner fails to appear for the
19    hearing, the court shall enter an order that the owner
20    shall have no further custody of the animal, that custody
21    of the animal shall be granted to an appropriate animal
22    control agency for sale, adoption, or other humane
23    disposal in accordance with law and the policy of that
24    agency, and that the owner pay to any care providers the
25    costs incurred in the reasonable care for and treatment of
26    the animal between the date of seizure and the date of the
27    order granting custody to the agency. The proceeds from
28    the sale, if any, of such animal shall be used first to
29    pay the costs of care given the animal, and any funds
30    remaining shall be paid into the state treasury if the
31    animal was impounded by the Commissioner of Agriculture or
32    into the county treasury if the animal was impounded by an
33    animal control or peace officer of a county or into the
34    municipal treasury if the animal was impounded by an
35    animal control or peace officer of a municipality.
   
36    (l) At said hearing, the burden of proof shall initially
37    be on the state to show by a preponderance of the evidence
38    that the animal was properly seized. If the court makes
39    the determination that the seizure was improper, then the
40    court shall enter an order returning the animal to the
41    owner and requiring that the costs incurred in the
42    reasonable care for and treatment of the animal between
43    the date of the seizure and the date of the order be paid
44    to any care provider by the seizing agency.
   
                                
                                 -22-
   
                                                  LC 10 2945
   
1    (m) If the court finds that the animal was properly
2    seized, then the owner of the animal shall have the burden
3    of going forward with evidence to show that he or she is
4    able to provide adequately for and have custody of the
5    animal and that the animal would not suffer future cruel
6    mistreatment or cruel neglect if returned to the owner.
   
7    (n) In determining the owner's fitness to regain custody
8    of the animal, the court may consider, among other
9    matters:
   
10      (1) Testimony from the officer who seized the animal or
11      other witnesses as to the condition of the animal when
12      seized and as to the conditions under which the animal
13      was being kept;
   
14      (2) Testimony and evidence as to veterinary care
15      provided to the animal, both before and after the
16      seizure;
   
17      (3) Testimony and evidence as to the type and amount of
18      care provided to the animal;
   
19      (4) Expert testimony as to the community standards for
20      proper and reasonable care of the same type of animal;
   
21      (5) Testimony from any witnesses as to prior instances
22      of cruel mistreatment, cruel neglect, or abandonment of
23      this or other animals in the same custody;
   
24      (6) The owner's past record of judgments under this
25      article, if any;
   
26      (7) The owner's past record of convictions for cruelty
27      to animals, if any; or
   
28      (8) Any other evidence which the court considers to be
29      material or relevant.
   
30    (o) At the conclusion of this hearing, the court shall
31    make a finding as to whether the owner is able to provide
32    adequately for and have custody of the animal and whether
33    the animal is likely to suffer future cruel mistreatment
34    or cruel neglect if returned to the owner.
   
35    (p) If the court finds that the owner is unable to provide
36    adequately for and have custody of the animal or that the
37    animal would likely suffer future cruel mistreatment or
38    cruel neglect if returned to the owner, then the court
39    shall enter an order that the owner shall have no further
40    custody of said animal, that custody of the animal be
   
   
                                
                                 -23-
   
                                                  LC 10 2945
   
1    granted to an appropriate animal control agency for sale,
2    adoption, or other humane disposal in accordance with the
3    policy of that agency, and that the owner shall pay to any
4    care provider the costs incurred in the reasonable care
5    for and treatment of the animal between the date of
6    seizure and the date of the order. The proceeds from the
7    sale, if any, of such animal shall be used first to pay
8    the costs of care given the animal, and any funds
9    remaining shall be paid into the state treasury if the
10    animal was impounded by the Commissioner of Agriculture or
11    into the county treasury if the animal was impounded by an
12    animal control or peace officer of a county or into the
13    municipal treasury if the animal was impounded by an
14    animal control or peace officer of a municipality.
   
15    (q) If the court finds that the owner is currently able to
16    provide adequately for and have custody of the animal and
17    that the animal would not suffer future cruel mistreatment
18    or cruel neglect if returned to the owner, the animal
19    shall be returned to the owner upon payment by the owner
20    to any care provider of those costs incurred in the
21    reasonable care for and treatment of the animal from the
22    date of seizure until the animal is retrieved by the
23    owner. If the animal is not retrieved within ten days from
24    the date of the order, the seizing agency or care provider
25    may seek an order from the court granting custody of the
26    animal to an appropriate animal control agency for sale,
27    adoption, or other humane disposal in accordance with the
28    policy of that agency and providing that the owner shall
29    pay to any care provider the costs incurred in the
30    reasonable care for and treatment of the animal between
31    the date of seizure and the date of the order granting
32    custody to the agency. The proceeds from the sale, if any,
33    of such animal shall be used first to pay the costs of
34    care given the animal, and any funds remaining shall be
35    paid into the state treasury if the animal was impounded
36    by the Commissioner of Agriculture or into the county
37    treasury if the animal was impounded by an animal control
38    or peace officer of a county or into the municipal
39    treasury if the animal was impounded by an animal control
40    or peace officer of a municipality.
   
41    (r) Any person impounding an animal properly seized under
42    this Code section or providing care for an impounded
43    animal under this Code section shall have a lien on such
44    animal for costs incurred in the reasonable care for and
45    treatment of the animal. Any lien acquired under this Code
   
                                
                                 -24-
   
                                                  LC 10 2945
   
1    section may be foreclosed in any court which is competent
2    to hear civil cases, including, but not limited to,
3    magistrate courts. Liens shall be foreclosed in magistrate
4    courts only when the amount of the lien does not exceed
5    the jurisdictional limits established by law for such
6    courts.
   
7    (s) Any person who in any way obstructs, interferes with,
8    or hinders the Commissioner of Agriculture or his or her
9    designated agent or any animal control officer or peace
10    officer in carrying out his or her duties under this Code
11    section shall be guilty of a misdemeanor.
   
12    16-12-185.
   
13    Notwithstanding the provisions of Code Section 24-9-29,
14    Code Section 24-9-40, or any other provision of law, any
15    person, animal hospital, or other entity participating in
16    the making of a report of animal cruelty to a law
17    enforcement agency or participating in any judicial
18    proceeding or any other proceeding resulting from said
19    report shall, in so doing, be immune from any civil or
20    criminal liability that might otherwise be incurred or
21    imposed as a result of such action, provided such action
22    is made in good faith and based upon reasonable belief."
   
23                           SECTION 6.
   
24  Part 9 of Article 8 of Chapter 14 of Title 44 of the
25  Official Code of Georgia Annotated, relating to liens of
26  veterinarians and boarders of animals with respect to the
27  treatment, boarding, or care of animals, is amended by
28  striking in its entirety Code Section 44-14-494, relating to
29  criminal liability under Code Section 44-14-491, relating to
30  the sale or disposal of animals under certain conditions,
31  and inserting in lieu thereof a new Code Section 44-14-494
32  to read as follows:
   
33    "44-14-494.
   
34    It shall not constitute a violation of Code Section
35    16-12-4 16-12-181 if a licensed veterinarian or an
36    operator of a facility for boarding animals or pets
37    disposes of an animal or pet as provided in Code Section
38    44-14-491."
   
39                           SECTION 7.
   
40  All laws and parts of laws in conflict with this Act are
41  repealed.
   
   
                                
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