Vermont S 182: An act relating to animal cruelty violation forfeitures and the Animal Welfare Fund

Bill Text

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S.182 1
Introduced by Senator Williams 2
Referred to Committee on 3
Date: 4
Subject: Criminal procedures; animal cruelty; forfeiture 5
Statement of purpose of bill as introduced: This bill proposes to expedite the 6
procedures for forfeiture of animals that are subject to seizure as a result of 7
animal cruelty violations and to expand the use of the Animal Welfare Fund to 8
provide reimbursement for the costs of caring for seized animals. 9
An act relating to animal cruelty violation forfeitures and the Animal 10
Welfare Fund 11
It is hereby enacted by the General Assembly of the State of Vermont: 12
Sec. 1. 13 V.S.A. § 353 is amended to read: 13
§ 353. DEGREE OF OFFENSE; SENTENCING UPON CONVICTION 14
(a) Penalties. 15
(1) Except as provided in subdivision (3), (4), or (5) of this subsection, 16
cruelty to animals under section 352 of this title shall be punishable by a 17
sentence of imprisonment of not more than one year or a fine of not more than 18
$2,000.00, or both. Second and subsequent convictions shall be punishable by 19

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a sentence of imprisonment of not more than two years or a fine of not more 1
than $5,000.00, or both. 2
(2) Aggravated cruelty under section 352a of this title shall be 3
punishable by a sentence of imprisonment of not more than five years or a fine 4
of not more than $5,000.00, or both. Second and subsequent offenses shall be 5
punishable by a sentence of imprisonment of not more than ten 10 years or a 6
fine of not more than $7,500.00, or both. 7
(3) An offense committed under subdivision 352(5) or (6) of this title 8
shall be punishable by a sentence of imprisonment of not more than five years 9
or a fine of not more than $5,000.00, or both. 10
(4)(A) Except as provided in subdivision (B) of this subdivision (4), a 11
person found in violation of subdivision 352(3), (4), or (9) of this title pursuant 12
to this subdivision shall be imprisoned not more than one year or fined not 13
more than $2,000.00, or both. Second and subsequent convictions shall be 14
punishable by a sentence of imprisonment of not more than two years or a fine 15
of not more than $5,000.00, or both. 16
(B) In lieu of a criminal citation or arrest, a law enforcement officer 17
may issue a civil citation to a person who violates subdivision 352(3), (4), or 18
(9) of this title if the person has not been previously adjudicated in violation of 19
this chapter. A person adjudicated in violation of subdivision 352(3), (4), or 20
(9) of this title pursuant to this subdivision shall be assessed a civil penalty of 21

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not more than $500.00. At any time prior to the person admitting the violation 1
and paying the assessed penalty, the State’s Attorney may withdraw the 2
complaint filed with the Judicial Bureau and file an information charging a 3
violation of subdivision 352(3), (4), or (9) of this title in the Criminal Division 4
of the Superior Court. 5
(C) Nothing in this subdivision shall be construed to require that a 6
civil citation be issued prior to a criminal charge of violating subdivision 7
352(3), (4), or (9) of this title. 8
(5) A person who violates subdivision 352(1) of this title by 9
intentionally killing or attempting to kill an animal belonging to another or 10
subdivision 352(2) of this title by torturing, administering poison to, or cruelly 11
harming or mutilating an animal shall be imprisoned not more than two years 12
or fined not more than $5,000.00, or both. 13
* * * 14
(c) Upon an order of forfeiture of an animal under this section or section 15
354 of this title, the court shall order custody of the animal remanded to a 16
humane society or other individual deemed appropriate by the court, for further 17
disposition in accordance with accepted practices for humane treatment of 18
animals. A transfer of rights under this section constitutes a transfer of 19
ownership and shall not constitute or authorize any limitation upon the right of 20

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the humane society, individual, or other entity, to whom rights are granted to 1
dispose of the animal. 2
(d) A person convicted of violating a provision of this chapter shall be 3
assessed a surcharge of $50.00, which shall be added to any fine or surcharge 4
imposed by the court pursuant to section 7282 of this title. The court shall 5
collect and transfer the surcharge assessed under this subsection to be credited 6
to the Animal Welfare Fund established pursuant to 20 V.S.A. § 3203. The 7
collection procedures described in section 5240 of this title shall be utilized in 8
the collection of this surcharge. 9
Sec. 2. 13 V.S.A. § 354 is amended to read: 10
§ 354. ENFORCEMENT; POSSESSION OF ABUSED ANIMAL; 11
SEARCHES AND SEIZURES; FORFEITURE 12
(a) The Secretary of Agriculture, Food and Markets shall b