Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 461 (2025GS)

Sponsor

Rep. Mauga, Verona

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• provides a process to permit, while legal resolution of a crime is ongoing, the release or transfer of an animal being held in a shelter because the animal was abused or was involved in a crime;
• permits a peace officer in possession of a warrant to enter premises or a vehicle to aid or take custody of an animal that is being criminally mistreated or is associated with a crime;
• requires notice to the owner or possessor of the animal;
• permits a shelter or government counsel to file a motion to have a court review whether an animal being held in a shelter due to criminal activity should be forfeited or transferred to alternative care;
• provides procedures for the hearing and the court's determination, and permits the animal's owner to be heard as part of the hearing;
• provides procedures for placement of the animal if the court orders ownership of the animal to be forfeited;
• permits a court to order an animal owner to pay for the costs of sheltering an animal due to the owner's criminal activity;
• permits a court to order an individual who has abused an animal or involved an animal in criminal activity to complete an educational or animal cruelty prevention program;
• provides cross references for the forfeiture procedure; and
• makes technical changes.

Every vote on this bill

Bill text

22
76-9-301.6
76-9-305
76-9-305.5
77-11b-501
77-11b-502
77-11b-503
77-11b-504
77-11b-505
Animal Crime Victim Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Verona Mauga
Senate Sponsor: 
LONG TITLE
General Description:
This bill modifies provisions related to the release and forfeiture of an animal that is being 
held because of abuse or involvement in a crime.
Highlighted Provisions:
This bill:
provides a process to permit, while legal resolution of a crime is ongoing, the release or 
transfer of an animal being held in a shelter because the animal was abused or was 
involved in a crime;
establishes a criminal penalty for unlawfully giving an individual access to an animal that 
the individual has legally forfeited ownership of due to abuse or a crime involving the 
animal;
permits a peace officer in possession of a warrant to enter premises or a vehicle to aid or 
take custody of an animal that is being criminally mistreated or is associated with a 
crime;
requires notice to the owner or possessor of the animal;
permits a shelter or government counsel to file a motion to have a court review whether 
an animal being held in a shelter due to criminal activity should be forfeited or 
transferred to alternative care;
provides procedures for the hearing and the court's determination, and permits the 
animal's owner to be heard as part of the hearing;
provides procedures for placement of the animal if the court orders ownership of the 
animal to be forfeited;
permits a court to order an animal owner to pay for the costs of sheltering an animal due 
to the owner's criminal activity;
permits a court to order an individual who has abused an animal or involved an animal in 
criminal activity to complete an educational or animal cruelty prevention program;
provides cross references for the forfeiture procedure; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-9-301.6
, as last amended by Laws of Utah 2008, Chapter 292
76-9-305
, as last amended by Laws of Utah 1977, Chapter 87
ENACTS:
76-9-305.5
, Utah Code Annotated 1953
77-11b-501
, Utah Code Annotated 1953
77-11b-502
, Utah Code Annotated 1953
77-11b-503
, Utah Code Annotated 1953
77-11b-504
, Utah Code Annotated 1953
77-11b-505
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
76-9-301.6
 is amended to read:
76-9-301.6. Dog fighting exhibition -- Authority to arrest and take possession of 
dogs and property -- Disposition.
(1)
A peace officer as defined in 
Title 53, Chapter 13, Peace Officer Classifications
, may 
enter any place, building, or tenement where an exhibition of dog fighting is occurring, 
or where preparations are being made for such an exhibition and, without a warrant, 
arrest all persons present.
(2)
(a)
Notwithstanding the provisions of Section 
76-9-305
, any authorized officer who 
makes an arrest under Subsection 
(1)
 may lawfully take possession of all dogs, 
paraphernalia, implements, or other property or things used or employed, or to be 
employed, in an exhibition of dog fighting prohibited by Subsection 
76-9-301(2)(e)
or Section 
76-9-301.1
.
(b)
The officer, at the time of the taking of property pursuant to Subsection 
(2)(a)
, shall 
state 
his
the officer's
 name and provide other identifying information to the person 
in charge of the dogs or property taken.
(3)
(a)
After taking possession of dogs, paraphernalia, implements, or other property or 
things under Subsection 
(2)
, the officer shall file an affidavit with the judge or 
magistrate before whom a complaint has been made against any person arrested 
under this section.
(b)
The affidavit shall include:
(i)
the name of the person charged in the complaint;
(ii)
a description of all property taken;
(iii)
the time and place of the taking of the property;
(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
(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 
76-9-301
 or 
76-9-301.1
, and the grounds for the belief.
(4)
(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 of Title 77, Chapter 11b, Part 5, Forfeiture of Impounded Animals; or
(ii)
the
 conviction or final discharge of the person against whom the complaint was 
made.
(b)
The person designated in Subsection 
(4)(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 2, Section 
76-9-305
 is amended to read:
76-9-305. Officer's authority to take possession of animals -- Lien for care -- 
Disposition of animal.
(1)
Any law enforcement officer may take possession of any animals being treated cruelly 
and, after reasonable efforts to notify the owner, may provide shelter and care for them 
or upon permission from the owner may destroy them.
(2)
Officers caring for animals pursuant to this section have a lien for the reasonable value 
of the care and/or destruction. Any court upon proof that the owner has been notified of 
the lien and amount due, at least five days prior, shall order the animal sold at public 
auction or destroyed.
(3)
Any law enforcement officer may humanely destroy any animal found suffering past 
recovery for any useful purpose. Before destroying the animal the officer shall obtain the 
judgment to the effect of a veterinarian, or of two reputable citizens called by him to 
view the animal in his presence, or shall obtain consent to the destruction from the 
owner of the animal.
(4)
An animal that is associated with a crime or an animal abuse charge may be eligible for 
forfeiture and release under Title 77, Chapter 11b, Part 5, Forfeiture of Impounded 
Animals.
Section 3, Section 
76-9-305.5
 is enacted to read:
76-9-305.5. Encouraging animal abuse.
(1)
As used in this section, "animal shelter" means the same as that term is defined in 
Section 77-11b-501.
(2)
A person commits the crime of encouraging animal abuse if the actor:
(a)
obtains a previously abused, neglected, or abandoned animal from an animal shelter 
pursuant to Section 
77-11b-503
 or a court pursuant to Section 
77-11b-505
; and
(b)
knowingly allows the person from whom the animal was forfeited to possess the 
animal.
(3)
Encouraging animal abuse is a class C misdemeanor.
Section 4, Section 
77-11b-501
 is enacted to read:
5. Forfeiture of Impounded Animals
77-11b-501. Definitions.
As used in this part:
(1)
"Animal" means the same as that term is defined in Section 
76-9-301
.
(2)
(a)
"Animal shelter" means a facility or program that provides services for stray, lost, 
impounded, or unwanted animals, including holding animals or placing them for 
adoption.
(b)
"Animal shelter" includes:
(i)
a publicly owned or managed facility or program; and
(ii)
a facility or program that operates using a municipal or government contract for 
animal services.
(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 5, Section 
77-11b-502
 is enacted to read:
77-11b-502. 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 
76-9-301
, 
76-9-301.1
, 
76-9-301.3
, 
76-9-301.7
, 
76-9-301.8
, or 
76-9-304
, 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.
(3)
A peace officer is not liable for any damages for an entry under Subsection (1), unless 
the damages were caused by the unnecessary actions of the peace officer that were 
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 6, Section 
77-11b-503
 is enacted to read:
77-11b-503. Forfeiture of animal before disposition of criminal action -- Petition 
-- Notice -- Hearing.
(1)
(a)
If an animal is impounded under Section 
76-9-301.6
, Section 
77-11b-502
, or is 
otherwise being held by an animal shelter or any other animal care facility pending 
outcome of a criminal action charging a violation of Section 
76-9-301
, 
76-9-301.1
, 
76-9-301.3
, 
76-9-301.7
, 
76-9-301.8
, or 
76-9-304
, an animal shelter, a prosecutor, a 
county attorney, or a district attorney, may, before final disposition of the criminal 
action, file a petition in the criminal action requesting that the court issue an order 
forfeiting the animal to the county or an animal shelter before the final disposition of 
the criminal action.
(b)
A petition may be filed as part of a criminal action as provided in Subsection 
(1)(a)
concerning any animal that has been impounded pursuant to Section 
76-9-301.6
 or 
77-11b-502
 and held pending the outcome of the criminal action, regardless of 
whether the specific animal is the subject of a criminal charge, or named in the 
charging instrument, in the criminal action.
(c)
The petitioner shall:
(i)
(A)
serve a copy of the petition on the defendant; or
(B)
if the defendant cannot be personally served:
(I)
 state in the petition the reasons why the defendant cannot be personally 
served; and
(II)
provide the notice described under Subsection 
(1)(d)
; and
(ii)
if the district attorney is not the filer of the petition, serve a copy of the petition 
on the district attorney.
(d)
If required by Subsection (1)(c)(i)(B), or if the petitioner elects to provide notice to 
any potential claimant who may have an interest in an impounded animal, the 
petitioner shall, at least five calendar days before the date of the hearing:
(i)
publish notice in a newspaper of general circulation in the jurisdiction where the 
impounded animal was found; and
(ii)
post notice at a place provided for public notices in the jurisdiction where the 
hearing will be held.
(e)
A notice issued under Subsection 
(1)(d)
 shall contain:
(i)
a description of the impounded animal or animals;
(ii)
the name of the owner or reputed owner thereof;
(iii)
the location from which the animal or animals were impounded;
(iv)
the time and place of the hearing if the hearing has been set at the time of 
publication or posting; and
(v)
the name, address, and phone number for the attorney for the petitioner, who shall 
provide further details on the date, place, and time of the hearing upon request.
(2)
Upon receipt of a petition pursuant to Subsection (1), the court shall set a hearing on the 
petition. The hearing shall be conducted within 14 days after the filing of the petition, or 
as soon as practicable.
(3)
(a)
At a hearing conducted pursuant to the requirements of this section:
(i)
the petitioner shall have the burden of establishing probable cause to believe that 
the animal was subjected to a violation of Section 
76-9-301
, 
76-9-301.1
, 
76-9-301.3
, 
76-9-301.7
, 
76-9-301.8
, or 
76-9-304
; and
(ii)
the defendant or any other claimant shall have an opportunity to be heard before 
the court makes its final finding.
(b)
If the court finds that probable cause exists, the court shall order immediate 
forfeiture of the animal to the petitioner, unless the defendant or any other claimant, 
within 72 hours of the hearing, posts a security deposit or bond with the court clerk in 
an amount according to the agency fee schedule.
Section 7, Section 
77-11b-504
 is enacted to read:
77-11b-504. Placement of forfeited animal.
(1)
If an animal is forfeited according to the provisions of Section 
77-11b-503
 or 
77-11b-505
, the agency to which the animal was forfeited may place the animal with a 
new owner.
(2)
The agency may give placement preference to any person who had prior contact with 
the animal, including family members or friends of the former owner whom the agency 
determines are capable of providing necessary, adequate, and appropriate levels of care 
for the animal.
(3)
Notwithstanding any other provision of this section, the agency may not place the 
animal with:
(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.
(4)
As a condition of placement, the agency shall require the new owner to execute an 
agreement to provide minimum care to the animal. The agreement must indicate that 
allowing the former owner to possess the animal constitutes encouraging animal abuse, 
which is a crime under Section 
76-9-305.5
.
Section 8, Section 
77-11b-505
 is enacted to read:
77-11b-505. Forfeiture of rights to mistreated animal upon conviction -- 
Placement of animal -- Additional obligations or educational requirements.
(1)
(a)
In addition to and not in lieu of any other sentence it may impose, a court may, 
prior to judgment, require a defendant convicted under Section 
76-9-301
, 
76-9-301.1
, 
76-9-301.3
, 
76-9-301.7
, 
76-9-301.8
, or 
76-9-304
 to forfeit any rights in the animal 
subjected to the violation, and to 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 defendant 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.
(2)
(a)
When the court orders the defendant's rights in the animal to be forfeited, the court 
may further order that those rights be given over to an appropriate person or agency 
demonstrating 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. The court may not transfer the defendant's 
rights in the animal to any person who resides with the defendant.
(b)
This Subsection 
(2)
 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)
The court shall require a person to whom rights are granted to execute an agreement 
to provide minimum care to the animal. The agreement must indicate that allowing 
the former owner to possess the animal constitutes encouraging animal abuse, which 
is a crime under Section 
76-9-305.5
.
(3)
In addition to and not in lieu of any other sentence it may impose, a court may order the 
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 
(1)
:
(a)
a government agency or its agent; or
(b)
an animal shelter or its agent.
(4)
A court may order a person convicted under Section 
76-9-301
, 
76-9-301.1
, 
76-9-301.3
, 
76-9-301.7
, 
76-9-301.8
, or 
76-9-304
 to participate in available animal cruelty prevention 
programs or education programs, or both, or to obtain psychological counseling for 
treatment of mental health disorders that, in the court's judgment, contributed to the 
commission of the crime. The defendant shall bear any costs incurred for participation in 
counseling or treatment programs ordered by the court.
Section 9. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
2-10-25 1:18 PM