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. 
Be it enacted by the Senate and House of Representa-
tives 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: 
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‘‘(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 ap-
plied 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 claim-
ing 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 no-
tice 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 reason-
able and anticipated costs of future care for the ani-
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mal per day, to both the court and the person claim-
ing 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 finan-
cially 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 claim-
ing an interest in the animal has an inability to pay 
a bond, the court shall consider— 
‘‘(I) the income, earning capacity, and fi-
nancial resources of the person claiming an in-
terest 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 
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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 imme-
diate forfeiture to the Government of the seized ani-
mal to which the order applies. 
‘‘(E) If a bond is posted under this subpara-
graph, the seizing agency or the United States Mar-
shals 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— 
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‘‘(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) nec-
essary to provide that full amount. 
‘‘(H) In this subparagraph, the term ‘reason-
able 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 per-
son’s right against self-incrimination.’’. 
Æ 
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