II 

115TH CONGRESS 

2D SESSION S. 2633 

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

relating to certain seized animals, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 9, 2018 

Ms. HARRIS (for herself and Ms. COLLINS) introduced the following bill; which 

was read twice and 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, and 

for other purposes. 

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 2018’’ or the ‘‘HEART Act of 

6 2018’’. 

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 

10 Code, is amended— 


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1 (1) in clause (i), by inserting ‘‘and subject to 

2 clause (vi),’’ after ‘‘Except as provided in clauses (ii) 

3 through (v),’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(vi) In the case of a civil forfeiture proceeding 

6 relating to an animal seized under section 26 of the 

7 Animal Welfare Act (7 U.S.C. 2156) or section 1955 

8 of this title, clauses (i), (ii), (iii), and (v) of this sub9 paragraph shall be applied by substituting— 

10 ‘‘(I) ‘30 days’ for ‘60 days’; and 

11 ‘‘(II) ‘30-day’ for ‘60-day’.’’. 

12 (b) NOTICE PROCEDURES FOR CASES OF ANIMAL

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

14 Code is amended— 

15 (1) in subparagraph (B), by inserting ‘‘, and, in 

16 the case of a civil forfeiture proceeding relating to 

17 an animal seized under section 26 of the Animal 

18 Welfare Act (7 U.S.C. 2156) or section 1955 of this 

19 title, that, after considering the factors under sub20 paragraph (G), the delay is warranted’’ after ‘‘if the 

21 official determines that the conditions in subpara22 graph (D) are present’’; 

23 (2) in subparagraph (C), by inserting ‘‘, and, in 

24 the case of a civil forfeiture proceeding relating to 

25 an animal seized under section 26 of the Animal 


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1 Welfare Act (7 U.S.C. 2156) or section 1955 of this 

2 title, that, after considering the factors under sub3 paragraph (G), the delay is warranted’’ after ‘‘that 

4 the conditions in subparagraph (D) are present’’; 

5 and 

6 (3) by adding at the end the following: 

7 ‘‘(G) In the case of a civil forfeiture proceeding 

8 relating to an animal seized under section 26 of the 

9 Animal Welfare Act (7 U.S.C. 2156) or section 1955 

10 of this title, the period for sending notice under this 

11 paragraph may be extended only after consideration 

12 of— 

13 ‘‘(i) the cost to the Government of caring 

14 and providing shelter for the animal; 

15 ‘‘(ii) the psychological and physical health 

16 of the animal and the effect the delay will have 

17 on the rehabilitation of the animal; and 

18 ‘‘(iii) any increased risk that the delay 

19 could necessitate euthanizing the animal.’’. 

20 SEC. 3. SEIZURES OF ANIMALS. 

21 (a) PAYMENT FOR CERTAIN COSTS.—Section 

22 524(c)(1) of title 28, United States Code, is amended— 

23 (1) in subparagraph (H), by striking ‘‘and’’ at 

24 the end; 


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1 (2) in subparagraph (I), by striking the period 

2 at the end and inserting ‘‘; and’’; and 

3 (3) by inserting after subparagraph (I) the fol4 lowing: 

5 ‘‘(J) payment for the transportation of, shelter 

6 of, care for, veterinary services provided to, and, 

7 when appropriate, humane euthanasia of an animal 

8 seized under section 26 of the Animal Welfare Act 

9 (7 U.S.C. 2156) or section 1955 of title 18.’’. 

10 (b) REIMBURSEMENT AND PROPORTIONALITY.—Sec11 tion 983(h) of title 18, United States Code, is amended 

12 by adding at the end the following: 

13 ‘‘(4) CIVIL FORFEITURE PROCEEDINGS INVOLV14 ING ANIMALS.— 

15 ‘‘(A) IN GENERAL.—Subject to subpara16 graph (B), in any covered proceeding in which 

17 the Government prevails, the court shall require 

18 the claimant to reimburse the United States for 

19 any actual and reasonable costs incurred by the 

20 Government for transportation of, shelter of, 

21 care for, veterinary services provided to, and, 

22 when appropriate, humane euthanasia of an 

23 animal that was the subject of the covered pro24 ceeding. 


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1 ‘‘(B) REDUCTION.—The court may reduce 

2 the amount of a reimbursement described in 

3 subparagraph (A) on the basis of— 

4 ‘‘(i) the seriousness of the offense; 

5 ‘‘(ii) the culpability of the claimant; 

6 ‘‘(iii) the prior record of the claimant; 

7 ‘‘(iv) the financial condition of the 

8 claimant and any need of the claimant to 

9 support a family; and 

10 ‘‘(v) the purpose of the civil forfeiture 

11 statute in question. 

12 ‘‘(C) APPLICATION.—A reimbursement de13 scribed in subparagraph (A) shall be credited 

14 to— 

15 ‘‘(i) the agency that paid the costs 

16 being reimbursed; or 

17 ‘‘(ii) the fund that was used to pay 

18 the costs being reimbursed. 

19 ‘‘(D) DEFINITION.—In this paragraph, the 

20 term ‘covered proceeding’ means a civil for21 feiture proceeding under section 26 of the Ani22 mal Welfare Act (7 U.S.C. 2156) or section 

23 1955 of this title, the subject of which is an 

24 animal.’’. 

Æ 


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