Senate Bill No. 104
(By Senators Craigo, Anderson and Kessler)
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[Introduced January 13, 1999;
referred to the Committee on the Judiciary.]
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A BILL to amend and reenact section four, article ten, chapter
seven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to humane officers;
and allowing humane officers to enter private property
without a warrant to seize vicious animals.
Be it enacted by the Legislature of West Virginia:
That section four, article ten, chapter seven of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 10. HUMANE OFFICERS.
§7-10-4. Custody and care of animals abandoned, neglected or
cruelly treated; hearing; liability for costs;
exclusions.
(a)
A humane officer shall take possession of any animal, including birds or wildlife in captivity, known or believed to be
abandoned, neglected, deprived of necessary sustenance, shelter
or medical care or cruelly treated or used, as defined in
sections nineteen and nineteen-a, article eight, chapter
sixty-one of this code.
In addition, a humane officer may, while
in actual pursuit, enter upon private land to seize vicious
animals: Provided, That nothing in this section shall be
construed to authorize entry into a structure on private land
without the permission of the owner or possessor thereof unless
such entry is necessary to prevent imminent serious bodily
injury.
(b) The owner, or person in possession, if his or her
identity and residence is known, of any animal seized pursuant to
subsection (a) of this section, shall be provided written notice
of
such the seizure, their liability for the cost and care of the
animal seized as
herein provided
in this section, and the right
to request a hearing before a magistrate in the county wherein
the animal was seized. The magistrate court shall schedule any
hearing
so requested within ten working days of the receipt of the request. The failure of an owner or person in possession to
request a hearing within five working days of the seizure shall
be
deemed considered prima facie evidence of the abandonment of
said the animal. At the hearing, if requested, the magistrate
shall determine if probable cause exists to believe that
such the
animal was abandoned, neglected or deprived of necessary
sustenance, shelter or medical care, or otherwise treated or used
cruelly as set forth
herein in this section.
(c) Upon finding of
such probable cause, or if no hearing is
requested, if the magistrate finds probable cause based upon the
affidavit of the humane officer, the magistrate shall enter an
order authorizing any humane officer to maintain possession of
the animal pending further proceedings, appeal or the disposition
of any criminal charges pursuant to chapter sixty-one of this
code.
(d) Any person whose animal is seized and against whom a
finding of probable cause is rendered pursuant to this section is
liable for the costs of the care, medical treatment and
provisions for
such the animal during any period it remains in
the possession of the humane officer.
(e) If, after the humane officer takes possession of the animal pursuant to the finding of probable cause, it is
determined by a licensed veterinarian that the animal should be
humanely destroyed to end its suffering, the veterinarian may
order the animal to be humanely destroyed according to acceptable
humane standards and neither the humane officer nor the
veterinarian may be subject to any civil or criminal liability as
a result of
any such that determination.
(f) The provisions of this section do not apply to farm
livestock, poultry, gaming fowl or wildlife kept in private or
licensed game farms if kept and maintained according to usual and
accepted standards of livestock, poultry, gaming fowl, wildlife
or game farm production and management, nor to the humane use of
animals or activities regulated under and in conformity with the
provisions of 7 U.S.C. §2131 et seq. and the regulations
promulgated thereunder, as both
such statutes and regulations are
in effect on the effective date of this section.
NOTE: The purpose of this bill is to authorize humane
officers to enter private property without warrants to seize
vicious animals.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.