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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4613 Introduced in House (IH)]

<DOC>

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.

    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 2016'' or the ``HEART Act of 2016''.

SEC. 2. REDUCED NOTICE PERIOD.

    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'.''.

SEC. 3. BOND HEARING PROCEDURES.

    Section 983(a) of title 18, United States Code, is amended by 
adding at the end the following:
            ``(5)(A) If an animal is seized under section 26 of the 
        Animal Welfare Act or under section 1955 of this title, the 
        Government may, not later than 21 days after a claim is filed 
        under paragraph (2) or (4), petition in United States district 
        court for a bond hearing relating to that claim. Upon filing 
        the petition, the Government shall give the person claiming an 
        interest in the animal actual notice of the hearing. The court 
        shall, except upon good cause shown, commence that hearing not 
        later than 15 days after the date that the person receives the 
        notice required under this subparagraph.
            ``(B) Not later than 5 days prior to the hearing date, the 
        Government shall provide an accounting of the costs already 
        incurred, and the estimated reasonable and anticipated costs of 
        future care for the animal per day, to both the court and the 
        person claiming an interest in the animal.
            ``(C)(i) Unless the person claiming an interest in the 
        animal shows good cause not to require a bond, the court shall 
        order that person to post a bond.
            ``(ii) The amount of the bond shall be that amount the 
        court determines sufficient to reimburse all reasonable and 
        anticipated costs of caring for the animal from the date of 
        seizure to a date the court deems appropriate, unless the court 
        determines the person claiming an interest in the animal is 
        financially unable to post a bond in that amount. In that case, 
        the court may set the amount of the bond to cover partial 
        payment of those costs.
            ``(iii) In determining whether the person claiming an 
        interest in the animal has an inability to pay a bond, the 
        court shall consider--
                    ``(I) the income, earning capacity, and financial 
                resources of the person claiming an interest in the 
                animal;
                    ``(II) the actual cost of care for the animal prior 
                to seizure of the animal by the person claiming an 
                interest in the animal, including but not limited to 
                food, vaccinations, veterinary expenses, and licenses; 
                and
                    ``(III) such other factors as the court deems 
                appropriate.
            ``(iv) If the court does not order the posting of a bond, 
        or orders a bond in an amount that would only cover partial 
        payment of these costs, the court shall state on the record the 
        reason for that action.
            ``(D) If the person claiming an interest in the animal 
        fails to post the bond as ordered by the end of the 15th day 
        beginning after the date of the issuance of the order, the 
        court may order the immediate forfeiture to the Government of 
        the seized animal to which the order applies.
            ``(E) If a bond is posted under this subparagraph, the 
        seizing agency or the United States Marshals Service may draw 
        from the bond the actual reasonable costs incurred in caring 
        for the seized animal.
            ``(F) Any unspent portion of the bond shall be returned to 
        the person claiming an interest in the animal upon resolution 
        of the forfeiture proceedings.
            ``(G) If the person claiming an interest in the animal 
        posts a bond and prevails in the forfeiture proceedings--
                    ``(i) that person shall be entitled to receive the 
                full amount that person posted as a bond under this 
                subparagraph; and
                    ``(ii) the Government shall reimburse any amount 
                drawn under subparagraph (E) necessary to provide that 
                full amount.
            ``(H) In this subparagraph, the term `reasonable and 
        anticipated costs' includes food, boarding, veterinary care 
        (including humane euthanasia where appropriate), transport, and 
        any other costs the court deems necessary to provide care to 
        the seized animal.
            ``(I) Nothing in this subparagraph prevents, in lieu of 
        posting security or proceeding to a forfeiture hearing, the 
        voluntary permanent relinquishment of an animal by its owner 
        to--
                    ``(i) an animal control or animal shelter;
                    ``(ii) an animal protection organization; or
                    ``(iii) the Government.
            ``(J) The testimony of a person at a hearing held under 
        this subsection is not admissible against that person in any 
        criminal proceeding, except in a prosecution for perjury, and 
        does not waive that person's right against self-
        incrimination.''.
                                 <all>
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