Help Extract Animals from Red Tape Act of 2021 or the HEART Act of 2021
This bill modifies notice requirements in a civil forfeiture proceeding that involves the seizure of an animal involved in animal fighting.
Specifically, the government must notify interested parties of an animal's seizure within 30 days (currently, 60 days). The notice period may be extended only if a delay is warranted after considering certain factors, including the cost to the government of providing shelter for the animal, the health of the animal and the effect of a delay on its rehabilitation, any increased risk that a delay could necessitate the euthanasia of the animal, and any psychological harm incurred by the animal's owner due to the delay in disposition.
Additionally, the bill authorizes amounts in the Department of Justice Assets Forfeiture Fund to be used to pay for costs associated with a seized animal, including transportation, shelter, care, veterinary services, and humane euthanasia.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2085 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 2085
To amend title 18, United States Code, with respect to civil
forfeitures relating to certain seized animals.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 19, 2021
Ms. Chu (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 2021'' or the ``HEART Act of 2021''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Animal fighting is one of the most heinous forms of
animal cruelty.
(2) Federal law prohibits sponsoring, exhibiting, or
attending an animal fight, causing an individual under the age
of 16 to attend an animal fight, using the postal service for
promoting an animal fighting venture, as well as the interstate
commerce in animal fighting paraphilia and animals for the
participation in animal fights.
(3) Animal fighting is often associated with other forms of
criminal activity including illegal gambling, drug trafficking,
and domestic violence.
(4) In order to rescue animals from further cruelty,
provide needed veterinary care, and protect communities,
Federal agencies often seize animals suspected of being used in
animal fighting ventures.
(5) Federal agencies tasked with enforcing the Federal
animal fighting statutes often lack the infrastructure and
expertise to hold animals after seizure and instead partner
with animal welfare organizations and local animal shelters to
hold animals until the final judgement of the seizure cases.
(6) The significant length of time animals are held before
courts determine their disposition can result in serious
physical and behavioral deterioration due to chronic stress,
even when shelters provide high quality care.
(7) Federal animal fighting cases often involve dozens, if
not hundreds of seized animals.
(8) Between 2016 and 2019, the United States Department of
Justice seized over 1,000 dogs in animal fighting cases.
(9) Holding times for animals seized in Federal animal
fighting cases can stretch on for over a year. After 64 dogs
were seized from twelve locations in a Federal animal fighting
case in 2016, some animals were held for up to 436 days.
(10) Seizing 367 dogs in a Federal animal fighting case in
2013 required sheltering dogs for up to 390 days. Fifty-three
percent of the dogs in that case declined behaviorally, with 30
percent of them deteriorating to such a degree that they had to
be humanely euthanized.
(11) Reducing the time that seized animals must be held
before courts determine their legal disposition is the best way
to minimize the trauma animals have experienced at the hands of
their abusers.
(12) The unique nature of animals compared to other seized
assets requires higher costs to the government and to
partnering animal welfare organizations.
(13) Animal welfare organizations have sheltered animals
for several Federal investigations at costs ranging from
$900,000 to more than $3 million.
(14) Uncertainty regarding who is ultimately responsible
for the cost of care for the seized animals discourages future
animal fighting investigations, which means fewer animals
saved.
(15) Expediting the disposition process for animals seized
in Federal animal fighting cases will provide better outcomes
for animals, reduce financial burdens on animal welfare
organizations partnering with Federal agencies, and will
provide more space in shelters for other animals in need.
SEC. 3. 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.
``(iv) Any psychological harm incurred by
the animals' owner due to the delay in
disposition.''.
SEC. 4. 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.
``(6) Nothing in this section should be interpreted to
reimburse the United States for any costs other than for costs
related to animals seized under section 26 of the Animal
Welfare Act or under section 1955 of title 18.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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