I 

114TH CONGRESS 

2D SESSION H. R. 4613 

To amend title 18, United States Code, with respect to civil forfeitures 

relating to certain seized animals. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 25, 2016 

Mr. KATKO (for himself and Ms. JUDY CHU of California) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Help Extract Animals 

5 from Red Tape Act of 2016’’ or the ‘‘HEART Act of 

6 2016’’. 

7 SEC. 2. REDUCED NOTICE PERIOD. 

8 Section 983(a)(1)(A) of title 18, United States Code, 

9 is amended by adding at the end the following new clause: 


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1 ‘‘(vi) With respect to an animal seized 

2 under section 26 of the Animal Welfare 

3 Act or under section 1955 of this title, 

4 clauses (i), (ii), (iii), and (v), shall be ap5 plied by substituting ‘30-days’ for ‘60- 

6 days’.’’. 

7 SEC. 3. BOND HEARING PROCEDURES. 

8 Section 983(a) of title 18, United States Code, is 

9 amended by adding at the end the following: 

10 ‘‘(5)(A) If an animal is seized under section 26 

11 of the Animal Welfare Act or under section 1955 of 

12 this title, the Government may, not later than 21 

13 days after a claim is filed under paragraph (2) or 

14 (4), petition in United States district court for a 

15 bond hearing relating to that claim. Upon filing the 

16 petition, the Government shall give the person claim17 ing an interest in the animal actual notice of the 

18 hearing. The court shall, except upon good cause 

19 shown, commence that hearing not later than 15 

20 days after the date that the person receives the no21 tice required under this subparagraph. 

22 ‘‘(B) Not later than 5 days prior to the hearing 

23 date, the Government shall provide an accounting of 

24 the costs already incurred, and the estimated reason25 able and anticipated costs of future care for the aniVerDate Sep 11 2014 23:03 Feb 26, 2016 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4613.IH H4613

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1 mal per day, to both the court and the person claim2 ing an interest in the animal. 

3 ‘‘(C)(i) Unless the person claiming an interest 

4 in the animal shows good cause not to require a 

5 bond, the court shall order that person to post a 

6 bond. 

7 ‘‘(ii) The amount of the bond shall be that 

8 amount the court determines sufficient to reimburse 

9 all reasonable and anticipated costs of caring for the 

10 animal from the date of seizure to a date the court 

11 deems appropriate, unless the court determines the 

12 person claiming an interest in the animal is finan13 cially unable to post a bond in that amount. In that 

14 case, the court may set the amount of the bond to 

15 cover partial payment of those costs. 

16 ‘‘(iii) In determining whether the person claim17 ing an interest in the animal has an inability to pay 

18 a bond, the court shall consider— 

19 ‘‘(I) the income, earning capacity, and fi20 nancial resources of the person claiming an in21 terest in the animal; 

22 ‘‘(II) the actual cost of care for the animal 

23 prior to seizure of the animal by the person 

24 claiming an interest in the animal, including 


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1 but not limited to food, vaccinations, veterinary 

2 expenses, and licenses; and 

3 ‘‘(III) such other factors as the court 

4 deems appropriate. 

5 ‘‘(iv) If the court does not order the posting of 

6 a bond, or orders a bond in an amount that would 

7 only cover partial payment of these costs, the court 

8 shall state on the record the reason for that action. 

9 ‘‘(D) If the person claiming an interest in the 

10 animal fails to post the bond as ordered by the end 

11 of the 15th day beginning after the date of the 

12 issuance of the order, the court may order the imme13 diate forfeiture to the Government of the seized ani14 mal to which the order applies. 

15 ‘‘(E) If a bond is posted under this subpara16 graph, the seizing agency or the United States Mar17 shals Service may draw from the bond the actual 

18 reasonable costs incurred in caring for the seized 

19 animal. 

20 ‘‘(F) Any unspent portion of the bond shall be 

21 returned to the person claiming an interest in the 

22 animal upon resolution of the forfeiture proceedings. 

23 ‘‘(G) If the person claiming an interest in the 

24 animal posts a bond and prevails in the forfeiture 

25 proceedings— 


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1 ‘‘(i) that person shall be entitled to receive 

2 the full amount that person posted as a bond 

3 under this subparagraph; and 

4 ‘‘(ii) the Government shall reimburse any 

5 amount drawn under subparagraph (E) nec6 essary to provide that full amount. 

7 ‘‘(H) In this subparagraph, the term ‘reason8 able and anticipated costs’ includes food, boarding, 

9 veterinary care (including humane euthanasia where 

10 appropriate), transport, and any other costs the 

11 court deems necessary to provide care to the seized 

12 animal. 

13 ‘‘(I) Nothing in this subparagraph prevents, in 

14 lieu of posting security or proceeding to a forfeiture 

15 hearing, the voluntary permanent relinquishment of 

16 an animal by its owner to— 

17 ‘‘(i) an animal control or animal shelter; 

18 ‘‘(ii) an animal protection organization; or 

19 ‘‘(iii) the Government. 

20 ‘‘(J) The testimony of a person at a hearing 

21 held under this subsection is not admissible against 

22 that person in any criminal proceeding, except in a 

23 prosecution for perjury, and does not waive that per24 son’s right against self-incrimination.’’. 

Æ 


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