H 578

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No. 118. An act relating to penalties and procedures for animal cruelty
offenses.
                                    (H.578)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 13 V.S.A. § 351 is amended to read:
§ 351. DEFINITIONS
   As used in this chapter:
                                      ***
      (21) “Sexual conduct” means:
          (A) any act between a person and animal that involves contact
between the mouth, sex organ, or anus of a person and the mouth, sex organ, or
anus of an animal; or
          (B) without a bona fide veterinary or animal husbandry purpose, the
insertion, however slight, of any part of a person’s body or of any instrument,
apparatus, or other object into the vaginal or anal opening of an animal;
          (C) without a bona fide veterinary or animal husbandry purpose, a
person touching or fondling a sex organ or anus of an animal, either directly or
through clothing; or
          (D) without a bona fide veterinary or animal husbandry purpose, any
intentional transfer or transmission of semen by a person upon any part of an
animal.
                                      ***
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      (25) “Working with” means working or volunteering in any capacity,
including as an independent contractor, that requires the person to be in contact
with an animal, including at a commercial boarding or training establishment,
shelter, animal control facility, pet shop, grooming facility, commercial
breeding service, veterinary hospital or clinic, animal welfare society, or any
nonprofit organization incorporated for the purpose of providing for or
promoting the welfare, protection, and humane treatment of animals.
Sec. 2. 13 V.S.A. § 352 is amended to read:
§ 352. CRUELTY TO ANIMALS
   A person commits the crime of cruelty to animals if the person:
      (1) Intentionally kills or attempts to kill any animal belonging to another
person without first obtaining legal authority or consent of the owner.
      (2) Overworks, overloads, tortures, torments, abandons, administers
poison to, cruelly harms or mutilates an animal, or exposes a poison with intent
that it be taken by an animal.
      (3) Ties, tethers, or restrains an animal, either a pet or livestock, in a
manner that is inhumane or is detrimental to its welfare. Livestock and poultry
husbandry practices are exempted.
      (4) Deprives an animal that a person owns, possesses, or acts as an agent
for of adequate food, water, shelter, rest, sanitation, or necessary medical
attention or transports an animal in overcrowded vehicles.
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      (5)(A) Owns, possesses, keeps, or trains an animal engaged in an
exhibition of fighting; possesses, keeps, or trains any animal with intent that it
be engaged in an exhibition of fighting; or permits any such act to be done on
premises under his or her the person’s charge or control.
          (B) Owns, possesses, ships, transports, delivers, or keeps a device,
equipment, or implement for the purpose of training or conditioning an animal
for participation in animal fighting or enhancing an animal’s fighting
capability.
      (6) Acts as judge or spectator at events of animal fighting or bets or
wagers on the outcome of such fight.
      (7) As poundkeeper, officer, or agent of a humane society or as an
owner or employee of an establishment for treatment, board, or care of an
animal, knowingly receives, sells, transfers, or otherwise conveys an animal in
his or her the person’s care for the purpose of research or vivisection.
      (8) Intentionally torments or harasses an animal owned or engaged by a
police department or public agency of the State or its political subdivisions or
interferes with the lawful performance of a police animal.
      (9) Knowingly sells, offers for sale, barters, or displays living baby
chicks, ducklings, or other fowl that have been dyed, colored, or otherwise
treated so as to impart to them an artificial color or fails to provide poultry with
proper brooder facilities.
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      (10) Uses a live animal as bait or lure in a race, game, or contest or in
training animals in a manner inconsistent with 10 V.S.A. Part 4 or the rules
adopted thereunder.
      (11)(A) Engages in sexual conduct with an animal.
          (B) Possesses, sells, transfers, purchases, or otherwise obtains an
animal with the intent that it be used for sexual conduct.
          (C) Organizes, promotes, conducts, aids, abets, or participates in as
an observer an act involving any sexual conduct with an animal.
          (D) Causes, aids, or abets another person to engage in sexual conduct
with an animal.
          (E) Permits sexual conduct with an animal to be conducted on
premises under his or her the person’s charge or control.
          (F) Advertises, offers, or accepts the offer of an animal with the
intent that it be subject to sexual conduct in this State.
          (G) Knowingly possesses, films, or distributes obscene visual images
of sexual conduct with an animal.
      (12) Possesses, owns, cares for, resides with, has custody of, or works
with an animal while the person is prohibited from possessing owning, caring
for, having custody of, or working with an animal by a court order.
      (13) Knowingly refuses to comply with a court order issued pursuant to
subdivision 353(b)(1)(E) of this title to permit periodic unannounced visits by
a humane officer or the Director of Animal Welfare.
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Sec. 3. 13 V.S.A. § 352a is amended to read:
§ 352a. AGGRAVATED CRUELTY TO ANIMALS
   A person commits the crime of aggravated cruelty to animals if the person:
      (1) kills an animal by intentionally causing the animal undue pain or
suffering;
      (2) intentionally, maliciously, and without just cause tortures, mutilates,
or cruelly beats an animal; or
      (3) intentionally injures or kills an animal that is in the performance of
official duties while under the supervision of a law enforcement officer; or
      (4)(A) engages in sexual conduct with an animal in the presence of a
minor or in which a minor is a participant;
          (B) possesses, sells, transfers, purchases, or otherwise obtains an
animal with the intent that it be used for sexual conduct in the presence of a
minor or in which a minor is a participant;
          (C) organizes, promotes, conducts, aids, abets, or participates in an
act involving any sexual conduct with an animal in the presence of a minor or
in which a minor is a participant as an observer;
          (D) causes, aids, or abets another person to engage in sexual conduct
with an animal in the presence of a minor or in which the minor is a
participant;
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          (E) permits sexual conduct with an animal in the presence of a minor
or in which a minor is a participant that is conducted on premises under the
person’s charge or control;
          (F) advertises, offers, or accepts the offer of an animal with the intent
that it be subject to sexual conduct in this State in the presence of a minor or in
which the minor participates; or
          (G) knowingly possesses, films, or distributes obscene visual images
of sexual conduct with an animal in the presence of a minor or in which the
minor participates.
Sec. 4. 13 V.S.A. § 353 is amended to read:
§ 353. DEGREE OF OFFENSE; SENTENCING UPON CONVICTION
   (a) Penalties.
      (1) Except as provided in subdivision (3), (4), or (5) of this subsection,
cruelty to animals under section 352 of this title shall be punishable by a
sentence of imprisonment of not more than one year or a fine of not more than
$2,000.00, or both. Second and subsequent convictions shall be punishable by
a sentence of imprisonment of not more than two years or a fine of not more
than $5,000.00, or both.
      (2) Aggravated cruelty under section 352a of this title shall be
punishable by a sentence of imprisonment of not more than five years or a fine
of not more than $5,000.00, or both. Second and subsequent offenses shall be
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punishable by a sentence of imprisonment of not more than ten 10 years or a
fine of not more than $7,500.00, or both.
      (3) An offense committed under subdivision 352(5) or (6) of this title
shall be punishable by a sentence of imprisonment of not more than five years
or a fine of not more than $5,000.00, or both.
      (4)(A) Except as provided in subdivision (B) of this subdivision (4), a
person found in violation of subdivision 352(3), (4), or (9) of this title pursuant
to this subdivision (A) shall be imprisoned not more than one year or fined not
more than $2,000.00, or both. Second and subsequent convictions shall be
punishable by a sentence of imprisonment of not more than two years or a fine
of not more than $5,000.00, or both.
          (B) In lieu of a criminal citation or arrest, a law enforcement officer
may issue a civil citation to a person who violates subdivision 352(3), (4), or
(9) of this title if the person has not been previously adjudicated in violation of
this chapter. A person adjudicated in violation of subdivision 352(3), (4), or
(9) of this title pursuant to this subdivision (B) shall be assessed a civil penalty
of not more than $500.00. At any time prior to the person admitting the
violation and paying the assessed penalty, the State’s Attorney may withdraw
the complaint filed with the Judicial Bureau and file an information charging a
violation of subdivision 352(3), (4), or (9) of this title in the Criminal Division
of the Superior Court.
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           (C) Nothing in this subdivision (4) shall be construed to require that a
civil citation be issued prior to a criminal charge of violating subdivision
352(3), (4), or (9) of this title.
       (5) A person who violates subdivision 352(1) of this title by
intentionally killing or attempting to kill an animal belonging to another or
subdivision 352(2) of this title by torturing, administering poison to, or cruelly
harming or mutilating an animal shall be imprisoned not more than two years
or fined not more than $5,000.00, or both.
   (b)(1) In addition to any other sentence the court may impose, the court
may require a defendant convicted of a violation under section 352 or 352a of
this title to:
       (1)(A) Forfeit For a first violation, forfeit any rights to the animal
subjected to cruelty, and to any other animal, except livestock or poultry
owned, possessed, residing or domiciled with, or in the custody of the
defendant. Livestock or poultry shall not be subject to forfeiture under this
subdivision (A) unless the person was convicted of abusing livestock or
poultry.
       (2)(B) Repay the reasonable costs incurred by any person, municipality,
or agency for providing care for the animal prior to judgment. If the court does
not order a defendant to pay all the applicable costs incurred or orders only
partial payment, it shall state on the record the reasons for that action.
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      (3)(C)(i) Forfeit For a first violation of section 352 of this title, forfeit
any future right to own, possess, or care for, reside with, have custody of, or
work with any animal for a period that the court deems appropriate of up to
five years.
              (ii) For a first violation of section 352a of this title, forfeit any
future right to own, possess, care for, reside with, have custody of, or work
with any animal for a period of up to 10 years.
              (iii) A person shall not be required to forfeit any future right to
own, possess, care for, have custody of, or work with livestock or poultry
under this subdivision (C) unless the person was convicted of abusing
livestock or poultry.
      (4)(D)(i)(I) Participate in complete an available animal cruelty
prevention programs program that is approved by the Director of Animal
Welfare;
                 (II) or educational programs, or both, or complete an animal
abuse education accountability program, if any are approved by the Director of
Animal Welfare; and
                 (III) obtain undergo a psychiatric or psychological counseling,
evaluation, and, if the screening indicates that therapy is needed, obtain
psychiatric, psychological, or mental health treatment with a licensed clinician,
remotely or within a reasonable distance from the defendant’s residence. If a
juvenile is adjudicated delinquent under section 352 or 352a of this title, the
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court may order the juvenile to undergo a psychiatric or psychological
evaluation and to participate in treatment that the court determines to be
appropriate after due consideration of the evaluation. The court may impose
the costs of such programs or counseling upon the defendant when appropriate.
                 (ii) The court may impose the costs of programs or counseling
ordered pursuant to this subdivision (D) upon the defendant when appropriate.
       (5)(E) Permit periodic unannounced visits for a period up to one year by
a humane officer or the Director of Animal Welfare to inspect the care and
condition of any animal permitted by the court to remain in the care, custody,
or possession of the defendant during the period, and for up to one year after
expiration of the period, that the defendant is prohibited from owning,
possessing, caring for, residing with, having custody of, or working with an
animal by an order issued pursuant to subdivision (C) of this subdivision (b)(1)
or subdivision (2) of this subsection (b). Such period may be extended
modified by the court upon motion made by the State.
       (2) In addition to any other sentence the court may impose, the court
shall require a defendant convicted of a violation under section 352 or 352a of
this title to:
           (A) For a second or subsequent violation, forfeit any rights to the
animal subjected to cruelty, and to any other animal possessed, residing or
domiciled with, or in the custody of the defendant. Livestock or poultry shall
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not be subject to forfeiture under this subdivision (A) unless the person was
convicted of abusing livestock or poultry.
          (B)(i) For a second or subsequent violation of section 352 of this
title, forfeit any future right to own, possess, care for, reside with, have custody
of, or work with any animal for a period of not less than five years.
             (ii) For a second or subsequent violation of section 352a of this
title, forfeit any future right to own, possess, care for, reside with, have custody
of, or work with any animal for a period of not less than 10 years.
             (iii) A person shall not be required to forfeit any future right to
own, possess, care for, have custody of, or work with livestock or poultry
under this subdivision (B) unless the person was convicted of abusing
livestock or poultry.
   (c) Upon an order of forfeiture of an animal under this section or section
354 of this title, the court shall order custody of the animal remanded to a
humane society or other individual deemed appropriate by the court, for further
disposition in accordance with accepted practices for humane treatment of
animals. A transfer of rights under this section constitutes a transfer of
ownership and shall not constitute or authorize any limitation upon the right of
the humane society, individual, or other entity, to whom rights are granted to
dispose of the animal.
   (d)(1) A person who is prohibited from owning, possessing, caring for,
residing with, having custody of, or working with an animal by an order issued
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pursuant to subdivision (b)(1)(C) or (b)(2) of this section may petition the
court for an order that the person be relieved from the prohibition imposed by
that subdivision. When the petition is filed, the petitioner shall provide notice
and a copy of the petition to the office that prosecuted the case, which shall be
the respondent in the matter. The petition shall be filed in the Criminal
Division of the unit where the offense or the adjudication occurred.
      (2) The court may grant a petition filed under this section without
hearing if neither the State’s Attorney nor the Attorney General files an
objection within 30 days after receiving notice of the petition or if the
petitioner and the respondent stipulate to the granting of the petition.
      (3) In determining a petition filed under this section, unless the petition
is granted pursuant to subdivision (2) of this subsection, the court may
consider any relevant factors, including:
          (A) whether the person committed any subsequent animal cruelty
offenses or other criminal offenses;
          (B) whether the person successfully completed any required
conditions of probation;
          (C) whether the person completed animal cruelty prevention
programs or educational programs, and whether the programs were approved
by the Director of Animal Welfare; and
          (D) whether the person obtained psychiatric, psychological, or mental
health counseling from a licensed clinician.
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      (4) The court shall grant a petition filed under this section if it finds that
the petitioner has demonstrated by a preponderance of the evidence that the
interests of justice are no longer served by prohibiting the petitioner from
owning, possessing, caring for, residing with, having custody of, or working
with an animal.
      (5) If a petition filed under this section is granted, the court shall vacate
the order prohibiting the person from owning, possessing, caring for, residing
with, having custody of, or working with an animal.
      (6) If the court denies the petition, the petitioner may appeal the denial
to the Vermont Supreme Court. The appeal shall be on the record.
      (7) If the court denies a petition filed under this section, no further
petition shall be brought for at least two years, unless a shorter duration is
authorized by the court.
Sec. 5. 13 V.S.A. § 354 is amended to read:
§ 354. ENFORCEMENT; POSSESSION OF ABUSED ANIMAL;
       SEARCHES AND SEIZURES; FORFEITURE
   (a) The Secretary of Agriculture, Food and Markets shall, if practicable, be
consulted prior to any enforcement action brought pursuant to this chapter that
involves livestock and poultry. Law enforcement may consult with the
Secretary in person or by electronic means, and the Secretary shall assist law
enforcement in determining whether the practice or animal condition, or both,
represent acceptable livestock or poultry husbandry practices. Failure to
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conduct the consultation shall not be grounds for dismissal of the enforcement
action or exclusion of evidence.
   (b) Any humane officer as defined in section 351 of this title may enforce
this chapter. As part of an enforcement action, a humane officer may seize an
animal being cruelly treated in violation of this chapter pursuant to this
subsection.
      (1) Voluntary surrender. A humane officer may accept animals
voluntarily surrendered by the owner anytime during the cruelty investigation.
The humane officer shall have a surrendered animal examined and assessed
within 72 hours, or as soon as reasonably practicable, by a veterinarian
licensed to practice in the State of Vermont. Failure to have the animal
examined and assessed within 72 hours, or as soon as reasonably practicable,
shall not be grounds for dismissal of the enforcement action or exclusion of
evidence.
      (2) Search and seizure using a search warrant. A humane officer having
probable cause to believe an animal is being subjected to cruel treatment in
violation of this subchapter may apply for a search warrant pursuant to the
Vermont Rules of Criminal Procedure to authorize the officer to enter the
premises where the animal is kept and seize the animal. The application and
affidavit for the search warrant shall be reviewed and authorized by an attorney
for the State when sought by an officer other than an enforcement officer
defined in 23 V.S.A. § 4(11). A veterinarian licensed to practice in Vermont
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must shall, if practicable, accompany the humane officer during the execution
of the search warrant. Failure to be accompanied by a veterinarian during the
execution of the search warrant shall not be grounds for dismissal of the
enforcement action or exclusion of evidence.
      (3) Seizure without a search warrant. If the humane officer witnesses a
situation in which the humane officer determines that an animal’s life is in
jeopardy and immediate action is required to protect the animal’s health or
safety, the officer may seize the animal without a warrant. The humane officer
shall immediately take an animal seized under this subdivision to a licensed
veterinarian for medical attention to stabilize the animal’s condition and to
assess the health of the animal.
   (c) A humane officer shall provide suitable care at a reasonable cost for an
animal seized under this section, and have a lien on the animal for all expenses
incurred. A humane officer may arrange for the euthanasia of a severely
injured, diseased, or suffering animal upon the recommendation of a licensed
veterinarian. A humane officer may arrange for euthanasia of an animal seized
under this section when the owner is unwilling or unable to provide necessary
medical attention required while the animal is in custodial care or when the
animal cannot be safely confined under standard housing conditions. An
animal not destroyed by euthanasia shall be kept in custodial care and provided
with necessary medical care until final disposition of the criminal charges
except as provided in subsections (d) through (h) (d)–(l) of this section. The
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custodial caretaker shall be responsible for maintaining the records applicable
to all animals seized, including identification, residence, location, medical
treatment, and disposition of the animals.
   (d) If an animal is seized under this section, the State may institute a civil
proceeding for forfeiture of the animal in the territorial unit of the Criminal
Division of the Superior Court where the offense is alleged to have occurred.
The proceeding shall be instituted by a motion for forfeiture if a criminal
charge has been filed or a petition for forfeiture if no criminal charge has been
filed, which shall be filed with the court and served upon the animal’s owner.
The civil forfeiture proceeding is intended to run independently from any
criminal prosecution and shall not be delayed pending disposition of any
criminal proceeding.
   (e)(1) A preliminary hearing shall be held within 21 days of institution of
the civil forfeiture proceeding. If the defendant requests a hearing on the
merits, the court shall schedule a final hearing on the merits to be held within
21 days of the date of the preliminary hearing. Time limits under this
subsection shall not be construed as jurisdictional.
      (2) If the defendant fails to respond to the notice for preliminary hearing,
the court shall enter a default judgment ordering the immediate forfeiture of
the animal in accordance with the provisions of subsection 353(c) of this title.
A motion to reopen a default judgment shall be filed in writing with the court
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no later than 30 days after entry of a default judgment. A default judgment
shall not be reopened unless good cause is shown.
   (f)(1) At the hearing on the motion for forfeiture, the State shall have the
burden of establishing by clear and convincing evidence that the animal was
subjected to cruelty, neglect, or abandonment in violation of section 352 or
352a of this title. The court shall make findings of fact and conclusions of law
and shall issue a final order. If the State meets its burden of proof, the court
shall order the immediate forfeiture of the animal in accordance with the
provisions of subsection 353(c) of this title.
      (1) Unless a person claiming an ownership interest in the animal
requests a forfeiture hearing pursuant to subdivision (3)(A) of this subsection
and posts security pursuant to subdivision (3)(B) of this subsection or requests
that the security be reduced or waived on the basis of financial hardship, title to
an animal seized pursuant to subsection (b) of this section shall be forfeited
pursuant to subsection 353(c) of this title 14 days after seizure if the
procedures of this subsection are followed.
      (2) The humane officer who seizes an animal pursuant to this section
shall give notice of this section at the time of the seizure by delivering a copy
of it to a person who is present and claims an ownership interest in the animal.
The officer shall also give notice of this section by conspicuously posting a
copy of it at the time of the seizure in a prominent and accessible place at the
location where the animal is seized. For any person who is known to claim an
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ownership interest in the animal and who is not present at the time of the
seizure, the humane officer shall make reasonable efforts, within 96 hours
following the seizure, to give notice of this section by personal service or by
registered mail addressed to the last known address of the person. The notice
shall include:
          (A) a description of the animal seized; the authority and purpose for
the seizure; the time, place, and circumstances under which the animal was
seized; and the contact information for the authority with legal custody of the
animal;
          (B) a statement that any person claiming an ownership interest in the
animal at the time of seizure may post security and request a forfeiture hearing
concerning the seizure and that failure to do so within 14 days following the
date of the seizure will result in forfeiture of title and disposition of the animal;
          (C) a statement of the amount due as security and how to pay it;
          (D) a statement that the security required by this section may be
reduced or waived by the court on the basis of financial hardship to the
defendant; and
          (E) a form that may be used to request a forfeiture hearing under
subdivision (3)(A) of this subsection (d) and a financial hardship exemption
under subsection (j) of this section.
      (3)(A) The court shall hold a forfeiture hearing if a request is made
within 14 days after the seizure by a person claiming an ownership interest in
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the animal at the time of the seizure. If the defendant has requested that the
security be reduced or waived on the basis of financial hardship, the court shall
grant or deny the request at or before the hearing. The hearing shall be held
within 30 days after the request, unless the 30-day period is extended by the
court for good cause shown, in the territorial unit of the Criminal Division of
the Superior Court where the offense is alleged to have occurred.
          (B) A person who requests a forfeiture hearing pursuant to this
subdivision (3) shall post security in an amount needed to cover food and
necessary veterinary care for the animal for an initial 40-day period, with an
additional amount equal to the estimated cost of care and keeping of the animal
for a subsequent 30-day period due every 30 days thereafter until the owner
relinquishes the animal or until the court issues an order of forfeiture. The
initial security shall be posted within 14 days following the seizure unless the
person requests that the security be reduced or waived by the court on the basis
of financial hardship. The court shall collect and transfer the security to the
Animal Welfare Fund established pursuant to 20 V.S.A. § 3203. The Director
of Animal Welfare shall make payment, not to exceed the security received, to
the custodial caretaker upon receipt of proof of expenditure of funds by the
caretaker for food and necessary veterinary care for the animal.
          (C) The State shall have the burden of establishing by a
preponderance of the evidence that the animal was subjected to cruelty,
neglect, or abandonment in violation of section 352 or 352a of this title. The
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court shall make findings of fact and conclusions of law and shall issue a final
order promptly. The findings shall include the total amount of all costs
incurred by the custodial caretaker and the amount the person claiming an
interest in the animal is able to pay. If the State meets its burden of proof, the
court shall order the immediate forfeiture of the animal, and any offspring of
the animal that were born while the animal was in custody, in accordance with
the provisions of subsection 353(c) of this title.
          (D) Notwithstanding subdivision (B) of this subdivision (d)(3), the
court may order the animal returned to the petitioner if the court finds by a
preponderance of the evidence that the petitioner:
            (i) is not the defendant in a cruelty case involving the animal;
            (ii) did not participate in or expressly or impliedly consent to the
alleged cruel treatment of the animal;
            (iii) did not have any express or implied knowledge that the
defendant was likely to treat the animal cruelly; and
            (iv) will provide adequate care to the animal if it is returned,
including any immediately necessary veterinary care or follow-up care needed
in connection with the reason for seizure.
      (2)(E) Affidavits of law enforcement officers, humane officers, animal
control officers, veterinarians, or expert witnesses of either party shall be
admissible evidence that may be rebutted by witnesses called by either party.
The affidavits shall be delivered to the other party at least five business days
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prior to the hearing. Upon request of the other party or the court made at least
two business days prior to the hearing, the party offering an affidavit shall
make the affiant available by telephone at the hearing. The court may allow
any witness to testify by telephone remotely in lieu of a personal appearance
and shall adopt rules with respect to such testimony.
      (3)(F) No testimony or other information presented by the defendant in
connection with a forfeiture proceeding under this section or any information
directly or indirectly derived from such testimony or other information may be
used for any purpose, including impeachment and cross-examination, against
the defendant in any criminal case, except a prosecution for perjury or giving a
false statement.
          (G) The rules of evidence shall apply in the forfeiture hearing unless
otherwise provided by this section.
   (e) If an order of forfeiture is not entered after the hearing, the animal shall
be returned to the person claiming an interest in the animal upon payment to
the custodial caretaker of all actual costs of care and keeping during the period
of impound, including veterinary care, less any security paid, provided that the
payment of costs shall not be required if the court finds that there was no
reasonable basis for the seizure. If payment of the costs required by this
subsection is not made within 14 days after the final order, the custodial
caretaker’s costs, not to exceed the amount of remaining security posted
pursuant to subdivision (d)(3)(B) of this section, shall be reimbursed from the
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Animal Welfare Fund established pursuant to 20 V.S.A. § 3203, and title to the
animal shall be forfeited unless a financial hardship reduction or waiver
request is pending or has been granted.
   (g)(1)(f) If the defendant is convicted of criminal charges under this chapter
or if an order of forfeiture is entered against an owner under this section, the
security posted pursuant to this section shall be applied to the actual costs
incurred by the custodial caretaker in caring for and keeping the animal
through the date of forfeiture, including food, boarding, and the cost of any
veterinary services. Any excess shall be returned to the person who posted the
security. The defendant or owner shall be required to repay all reasonable
costs incurred by the custodial caretaker for caring for the animal, including
veterinary expenses. The Restitution Unit within the Center for Crime Victim
Services is authorized to collect the funds owed by the defendant or owner on
behalf of the custodial caretaker or a governmental agency that has contracted
or paid for custodial care in the same manner as restitution is collected
pursuant to section 7043 of this title. The restitution order shall include the
information required under subdivision 7043(e)(2)(A) of this title. The court
shall make findings with respect to the total amount of all costs incurred by the
custodial caregiver.
      (2)(A) If the defendant is acquitted of criminal charges under this chapter
and a civil forfeiture proceeding under this section is not pending, an animal
that has been taken into custodial care shall be returned to the defendant unless
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the State institutes a civil forfeiture proceeding under this section within seven
business days of the acquittal.
          (B) If the court rules in favor of the owner in a civil forfeiture
proceeding under this section and criminal charges against the owner under
this chapter are not pending, an animal that has been taken into custodial care
shall be returned to the owner unless the State files criminal charges under this
section within seven business days after the entry of final judgment.
          (C) If an animal is returned to a defendant or owner under this
subdivision, the defendant or owner shall not be responsible for the costs of
caring for the animal.
   (h)(g)(1) A forfeiture order issued under this section may be appealed as a
matter of right to the Supreme Court if a notice of appeal is filed within seven
days after the order is issued and the appellant posts security pursuant to
subdivision (2) of this subsection. The order shall not be stayed pending
appeal.
      (2) The appellant shall post security in an amount needed to cover food
and necessary veterinary care for the animal for an initial 40-day period from
the date that the forfeiture order was issued, with an additional amount equal to
the estimated cost of care and keeping of the animal for a subsequent 30-day
period due every 30 days thereafter until the owner relinquishes the animal or
until final disposition of the case. Failure to timely pay the full amount shall
result in forfeiture to title to the animal unless a financial hardship reduction or
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waiver request is pending or has been granted. The court shall collect and
transfer the security to the Animal Welfare Fund established pursuant to
20 V.S.A. § 3203. The Director of Animal Welfare shall make payment, not to
exceed the security received, to the custodial caretaker upon receipt of proof of
expenditure of funds by the caretaker for food and necessary veterinary care
for the animal.
   (i)(h) The provisions of this section are in addition to and not in lieu of the
provisions of section 353 of this title.
   (j)(i) It is unlawful for a person to interfere with a humane officer, the
Director of Animal Welfare, or the Secretary of Agriculture, Food and Markets
engaged in official duties under this chapter. A person who violates this
subsection shall be prosecuted under section 3001 of this title.
   (j) The security required by this section may be reduced or waived by the
court on the basis of financial hardship to the defendant.
   (k) A humane officer or animal shelter or rescue organization shall be
immune from civil or criminal liability for seizing or providing care or
treatment to an animal in good faith reliance on the provisions of this section.
This subsection shall not apply to gross negligence or intentional misconduct
by the humane officer or animal shelter or rescue organization.
   (l) This section shall not be construed to limit or infringe upon any other
rights or remedies available under common law or any other provision of law
or rule.
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Sec. 6. 20 V.S.A. § 3202 is amended to read:
§ 3202. ESTABLISHMENT OF DIVISION OF ANIMAL WELFARE;
          POWERS AND DUTIES
                                      ***
   (e) The Division of Animal Welfare shall adopt rules pursuant to 3 V.S.A.
chapter 25 to:
      (1) provide for the receipt and management of security posted in animal
forfeiture proceedings and transferred to the Fund by the court pursuant to
13 V.S.A. § 354(d)(3)(B) and 13 V.S.A. § 354(g)(2); and
      (2) make distributions and reimbursements from the Fund for the
purposes authorized by 13 V.S.A. § 354.
Sec. 7. 20 V.S.A. § 3203 is amended to read:
§ 3203. ANIMAL WELFARE FUND
   (a) The Animal Welfare Fund is established within the Department of
Public Safety to fund the expenses incurred by the Division of Animal Welfare
in implementing the requirements of this chapter. The Director of Animal
Welfare shall administer the Fund.
   (b) The Fund shall consist of:
      (1) 67 percent of the revenue collected from the surcharge assessed
under subsection 3581(f) of this title; and
      (2) appropriations made by the General Assembly; and
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      (3) security posted in animal forfeiture proceedings and transferred to
the Fund by the court pursuant to 13 V.S.A. § 354(d)(3)(B) and 13 V.S.A.
§ 354(g)(2).
   (c) All balances in the Fund at the end of the fiscal year shall be carried
forward. Interest earned by the Fund shall remain in the Fund.
   (d) The Director of Animal Welfare shall have the authority to make
distributions and reimbursements from the Fund for the purposes authorized by
13 V.S.A. § 354.
Sec. 8. TRANSITION; SECURITY AMOUNT
   (a) On or before December 1, 2026, the Director of Animal Welfare shall
report to the House Committees on Judiciary and on Ways and Means and the
Senate Committees on Finance and on Judiciary on the proposed amount of the
security and the proposed payment schedule, including proposed statutory
language. Until legislation establishing the amount of the security and the
payment schedule takes effect, the amount of security under 13 V.S.A.
§ 354(d) and (g) shall be required pursuant to this section.
   (b) For all animals other than livestock, including domestic pets and
poultry, security shall be required in the amount of:
      (1) $1.00 per animal per day for food; and
      (2) if the seizing officer determines that immediate veterinary care is
required to protect the animal’s health or safety, $250.00 per animal for
veterinary services.
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   (c) For livestock, security shall be required in the amount of:
      (1) $2.50 per animal per day for food; and
      (2) if the seizing officer determines that immediate veterinary care is
required to protect the animal’s health or safety, $500.00 per animal for
veterinary services.
Sec. 9. EFFECTIVE DATE
   This act shall take effect on July 1, 2026.
Date Governor signed bill: June 8, 2026
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