Bill Summary
This Bill, known as the Help Extract Animals from Red Tape Act of 2019 (HEART Act), aims to amend title 18 of the United States Code to address civil forfeitures related to animals that have been seized. The Act proposes reducing the notice period for cases of animal seizure from 60 days to 30 days and outlining specific criteria for extending the notice period. The Act also requires payment for the costs associated with transporting, sheltering, caring for, and potentially euthanizing seized animals and allows for reimbursement based on factors such as the seriousness of the offense and the claimant's financial situation. The intent of this legislation is to provide better protection and care for seized animals and to ensure that the government is not unfairly burdened with the costs of caring for them.
Possible Impacts
1. This legislation may affect individuals who are involved in cases of animal seizure under the Animal Welfare Act or section 1955 of title 18. The reduced notice period may give them less time to prepare for the case and potentially make it more difficult to defend their rights and the well-being of the seized animal.
2. The HEART Act of 2019 may also have an impact on animal shelters or organizations that take in seized animals. They may be required to provide services and care for these animals, and in some cases, may not receive reimbursement for their costs if the government prevails in the civil forfeiture proceeding.
3. This legislation may also affect individuals who are financially struggling and have a pet that is seized. The added cost of reimbursement for the government's expenses may create a financial burden for the individual, potentially hindering their ability to provide for themselves and their family.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1228 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 1228
To amend title 18, United States Code, with respect to civil
forfeitures relating to certain seized animals.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 14, 2019
Ms. Judy Chu of California (for herself and Mr. Katko) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, with respect to civil
forfeitures relating to certain seized animals.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Help Extract Animals from Red Tape
Act of 2019'' or the ``HEART Act of 2019''.
SEC. 2. REDUCED NOTICE PERIOD.
(a) Notice Timing for Cases of Animal Seizure.--Section
983(a)(1)(A) of title 18, United States Code, is amended by adding at
the end the following new clause:
``(vi) With respect to an animal seized
under section 26 of the Animal Welfare Act or
under section 1955 of this title, clauses (i),
(ii), (iii), and (v), shall be applied by
substituting `30-days' for `60-days'.''.
(b) Notice Procedures for Cases of Animal Seizure.--Section
983(a)(1) of title 18, United States Code, as amended by this Act, is
amended--
(1) in subparagraph (B) by inserting ``and with respect to
an animal seized under section 26 of the Animal Welfare Act or
section 1955 of this title, that the delay is warranted in
light of the criteria in subparagraph (G)'' after ``if the
official determines that the conditions in subparagraph (D) are
present,'';
(2) in subparagraph (C) by inserting ``and with respect to
an animal seized under section 26 of the Animal Welfare Act or
section 1955 of this title, that the delay is warranted in
light of the criteria in subparagraph (G)'' after ``that the
conditions in subparagraph (D) are present,''; and
(3) by adding after subparagraph (F), the following:
``(G) With respect to an animal seized under
section 26 of the Animal Welfare Act or section 1955 of
this title, the period for sending notice under this
paragraph may be extended only after consideration of
the following:
``(i) The cost to the government of caring
and providing shelter for the animal.
``(ii) The psychological and physical
health of the animal and the effect the delay
will have on its rehabilitation.
``(iii) Any increased risk that the delay
could necessitate the euthanasia of the
animal.''.
SEC. 3. SEIZURES OF ANIMALS.
(a) Payment for Certain Costs.--Section 524(c)(1) of title 28,
United States Code, is amended by adding after subparagraph (I), the
following:
``(J) payment for the transportation, shelter,
care, veterinary services, and where appropriate,
humane euthanasia of an animal seized under section 26
of the Animal Welfare Act or under section 1955 of
title 18.''.
(b) Reimbursement and Proportionality.--Section 983(h) of title 18,
United States Code, is amended by adding at the end, the following:
``(4) In any civil forfeiture proceeding in which the
Government prevails, the court shall require the claimant, to
reimburse the United States for any actual and reasonable costs
to the government for the transportation, shelter, care,
veterinary services, or where appropriate, humane euthanasia of
an animal that was the subject of the proceeding. The
reimbursement shall be credited to the agency or fund that was
used to pay the costs being reimbursed.
``(5) In any civil forfeiture proceeding in which an animal
is subject of the proceeding, the court may reduce the size of
a reimbursement based on any of the following factors:
``(A) The seriousness of the offense.
``(B) The culpability of the claimant.
``(C) The claimant's prior record.
``(D) The claimant's financial condition and need
to support a family.
``(E) The purpose of the forfeiture statute in
question.''.
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