CHAPTER 238

FORMERLY

HOUSE BILL NO. 305

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLES 3, 7, AND 11 OF THE DELAWARE CODE RELATING TO CERTAIN CRIMES INVOLVING ANIMALS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend § 1325(c), Title 11 of the Delaware Code by inserting immediately after the phrase "such sale or resale." as it appears at the end of the first paragraph of said subsection the following:

"Any person convicted of a second or subsequent misdemeanor violation of this section shall be prohibited from owning or possessing any animal for 5 years after said conviction without exception.".

Section 2. Amend § 1325(d), Title 11 of the Delaware Code by inserting immediately after the phrase "such sale or resale." as it appears at the end of the first paragraph thereof the following:

"Any person convicted of a second or subsequent felony violation of this section shall be prohibited from owning or possessing any animal for 15 years after said conviction without exception.".

Section 3. Amend § 1326(a), Title 11 of the Delaware Code by striking the phrase "class G felony" as it appears therein and by inserting in lieu thereof the phrase "class F felony".

Section 4. Amend § 1326(b), Title 11 of the Delaware Code by striking the phrase "class B misdemeanor" as it appears therein and by substituting in lieu thereof the phrase "class A misdemeanor".

Section 5. Amend § 1326, Title 11 of the Delaware by adding a new subsection "(e)" thereto to read as follows:

"(e) Any person convicted of a felony violation of this section shall be prohibited from owning or possessing any animal for 15 years after said conviction.".

Section 6. Amend § 7904(a), Title 3 of the Delaware Code by inserting between the phrases "Kent County Society for the Prevention of Cruelty to Animals," and "may, in instances" as they appear therein, the phrase:

"or any law enforcement officer as defined in 11 Del.C. § 222,".

Section 7. Amend § 7904(b), Title 3 of the Delaware Code by striking the phrase "against the owner or custodian." as it appears in the first sentence of said subsection, and by inserting in lieu thereof the following:

"against the owner or custodian, except that upon good cause shown a court may permit a reasonable extension of the 48-hour period not to exceed thirty days.".

Section 8. Amend § 7904, Title 3 of the Delaware Code by redesignating subsections (c) and (d) thereof as subsections (d) and (e) respectively, and by adding a new subsection (c) thereto, to read as follows:

"(c) Upon a determination that probable cause exists to believe that the animal cruelty or animal fighting laws have been violated by the owner or custodian of any impounded animal, the State and/or the appropriate Society for the Prevention of Cruelty to Animals shall have the right to recover the costs of holding and caring for any animal impounded under this section from the owner or custodian of the animal. Each month, the State or appropriate Society for the Prevention of Cruelty to Animals shall submit a detailed billing to the owner or custodian of the animal, listing the accrued monthly costs of boarding, veterinary and other costs incurred. Notwithstanding any provision of this section or any other law to the contrary, failure of the animal's owner or custodian to pay these costs within 30 days of the receipt of a detailed monthly billing will result in ownership of the animal reverting to the State, or to the appropriate Society for the Prevention of Cruelty to Animals. The provisions of this paragraph shall be applicable notwithstanding the final disposition of the criminal charges.".

Section 9. Amend § 1732(a)(3), Title 7 of the Delaware Code by striking the phrase "of its owner." as it appears therein, and by substituting in lieu thereof the phrase "of its owner; or".

Section 10. Amend § 1732(a), Title 7 of the Delaware Code by adding a new paragraph (4) thereto, to read as follows:

"(4) Was subject to, or was used to facilitate, animal cruelty or animal fighting, as alleged in a criminal complaint or charge.".

Section 11. Amend § 1735(a), Title 7 of the Delaware Code by adding a new paragraph (3) thereto, to read as follows:

"(3) Was subject to, or was used to facilitate animal cruelty or animal fighting as alleged in a criminal complaint or charge.".

Approved March 27, 2002