Impoundment of animals; probable cause hearing; penalties;
custody; bond
Sec. 6. (a) This section does not apply to a violation of section 1
of this chapter.
(b) Any law enforcement officer or any other person having
authority to impound animals who has probable cause to believe
there has been a violation of this chapter or IC 15-5-12-3 may take
custody of the animal involved.
(c) The owner of an animal that has been impounded under this
section may prevent disposition of the animal by an animal shelter
that is caring for the animal by posting, not later than ten (10) days
after the animal has been impounded, a bond with the court in an
amount sufficient to provide for the animal's care and keeping for at
least thirty (30) days, beginning from the date the animal was
impounded. The owner may renew a bond by posting a new bond, in
an amount sufficient to provide for the animal's care and keeping for
at least an additional thirty (30) days, not later than ten (10) days
after the expiration of the period for which a previous bond was
posted. If a bond expires and is not renewed, the animal shelter may
determine disposition of the animal, subject to court order. If the
owner of an animal impounded under this section is convicted of an
offense under this chapter or IC 15-5-12-3, the owner shall reimburse
the animal shelter for the expense of the animal's care and keeping.
If the owner has paid a bond under this subsection, the animal shelter
may euthanize an animal if a veterinarian determines that an animal
is suffering extreme pain.
(d) If the owner requests, the court having jurisdiction of criminal
charges filed under this chapter or IC 15-5-12 shall hold a hearing to
determine whether probable cause exists to believe that a violation
of this chapter or IC 15-5-12 has occurred. If the court determines
that probable cause does not exist, the court shall order the animal
returned to its owner, and the return of any bond posted by its owner.
(e) This subsection applies only to livestock animals. Whenever
charges are filed under this chapter, the court shall appoint the state
veterinarian under IC 15-2.1-2-50 or the state veterinarian's designee
to:
(1) investigate the condition of the animal and the
circumstances relating to the animal's condition; and
(2) make a recommendation to the court under subsection (f)
regarding the confiscation of the animal.
(f) The state veterinarian or the state veterinarian's designee who
is appointed under subsection (e) shall do the following:
(1) Make a recommendation to the court concerning whether
confiscation is necessary to protect the safety and well-being of
the animal.
(2) If confiscation is recommended under subdivision (1),
recommend a manner for handling the confiscation and
disposition of the animal that is in the best interests of the
animal.
The state veterinarian or the state veterinarian's designee who
submits a recommendation under this subsection shall articulate to
the court the reasons supporting the recommendation.
(g) The court:
(1) shall give substantial weight to; and
(2) may enter an order based upon;
a recommendation submitted under subsection (f).
(h) If a person is convicted of an offense under this chapter or
IC 15-5-12, the court may impose the following additional penalties
against the person:
(1) A requirement that the person pay the costs of caring for an
animal involved in the offenses that are incurred during a period
of impoundment authorized under subsection (b).
(2) An order terminating the person's right to possession, title,
custody, or care of an animal that was involved in the offense.
(i) If a person's right to possession, title, custody, or care of an
animal is terminated under subsection (h), the court may:
(1) award the animal to a humane society or other organization
that has as its principal purpose the humane treatment of
animals; or
(2) order the disposition of the animal as recommended under
subsection (f).
As added by P.L.193-1987, SEC.9. Amended by P.L.176-1993,
SEC.6; P.L.166-1993, SEC.5; P.L.14-2000, SEC.75; P.L.76-2002,
SEC.3.
Last modified: May 24, 2006