I 

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. 

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 2019’’ or the ‘‘HEART Act of 

6 2019’’. 

7 SEC. 2. REDUCED NOTICE PERIOD. 

8 (a) NOTICE TIMING FOR CASES OF ANIMAL SEI9 ZURE.—Section 983(a)(1)(A) of title 18, United States 


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1 Code, is amended by adding at the end the following new 

2 clause: 

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

4 under section 26 of the Animal Welfare 

5 Act or under section 1955 of this title, 

6 clauses (i), (ii), (iii), and (v), shall be ap7 plied by substituting ‘30-days’ for ‘60- 

8 days’.’’. 

9 (b) NOTICE PROCEDURES FOR CASES OF ANIMAL

10 SEIZURE.—Section 983(a)(1) of title 18, United States 

11 Code, as amended by this Act, is amended— 

12 (1) in subparagraph (B) by inserting ‘‘and with 

13 respect to an animal seized under section 26 of the 

14 Animal Welfare Act or section 1955 of this title, 

15 that the delay is warranted in light of the criteria 

16 in subparagraph (G)’’ after ‘‘if the official deter17 mines that the conditions in subparagraph (D) are 

18 present,’’; 

19 (2) in subparagraph (C) by inserting ‘‘and with 

20 respect to an animal seized under section 26 of the 

21 Animal Welfare Act or section 1955 of this title, 

22 that the delay is warranted in light of the criteria 

23 in subparagraph (G)’’ after ‘‘that the conditions in 

24 subparagraph (D) are present,’’; and 


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1 (3) by adding after subparagraph (F), the fol2 lowing: 

3 ‘‘(G) With respect to an animal seized 

4 under section 26 of the Animal Welfare Act or 

5 section 1955 of this title, the period for sending 

6 notice under this paragraph may be extended 

7 only after consideration of the following: 

8 ‘‘(i) The cost to the government of 

9 caring and providing shelter for the ani10 mal. 

11 ‘‘(ii) The psychological and physical 

12 health of the animal and the effect the 

13 delay will have on its rehabilitation. 

14 ‘‘(iii) Any increased risk that the 

15 delay could necessitate the euthanasia of 

16 the animal.’’. 

17 SEC. 3. SEIZURES OF ANIMALS. 

18 (a) PAYMENT FOR CERTAIN COSTS.—Section 

19 524(c)(1) of title 28, United States Code, is amended by 

20 adding after subparagraph (I), the following: 

21 ‘‘(J) payment for the transportation, shel22 ter, care, veterinary services, and where appro23 priate, humane euthanasia of an animal seized 

24 under section 26 of the Animal Welfare Act or 

25 under section 1955 of title 18.’’. 


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1 (b) REIMBURSEMENT AND PROPORTIONALITY.—Sec2 tion 983(h) of title 18, United States Code, is amended 

3 by adding at the end, the following: 

4 ‘‘(4) In any civil forfeiture proceeding in which 

5 the Government prevails, the court shall require the 

6 claimant, to reimburse the United States for any ac7 tual and reasonable costs to the government for the 

8 transportation, shelter, care, veterinary services, or 

9 where appropriate, humane euthanasia of an animal 

10 that was the subject of the proceeding. The reim11 bursement shall be credited to the agency or fund 

12 that was used to pay the costs being reimbursed. 

13 ‘‘(5) In any civil forfeiture proceeding in which 

14 an animal is subject of the proceeding, the court 

15 may reduce the size of a reimbursement based on 

16 any of the following factors: 

17 ‘‘(A) The seriousness of the offense. 

18 ‘‘(B) The culpability of the claimant. 

19 ‘‘(C) The claimant’s prior record. 

20 ‘‘(D) The claimant’s financial condition 

21 and need to support a family. 

22 ‘‘(E) The purpose of the forfeiture statute 

23 in question.’’. 

Æ 


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