HEART Act of 2017

Bill: 115-hr-398
Sponsor: full_name: Rep. Katko, John [R-NY-24]
Introduced: 2017-01-10
Policy area: Crime and Law Enforcement
Subjects: Animal protection and human-animal relationships

Civil actions and liability

Crimes against animals and natural resources

Gambling

Law enforcement administration and funding

Museums, exhibitions, cultural centers

Veterinary medicine and animal diseases
Latest action: action_date: 2017-02-06
text: Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

Summaries:
action_date: 2017-01-10
action_desc: Introduced in House
text: <p><b>Help Extract Animals from Red Tape Act of 2017 or the HEART Act of 2017</b></p> <p> This bill amends the federal criminal code to modify the notice period in civil forfeiture proceedings that involve the seizure of an animal involved in animal fighting.</p> <p>It requires the government to send notice of the seizure to interested parties within 30 days (currently, 60 days). The notice period may be extended only if a delay is warranted after considering certain factors, including the cost to the government of providing shelter for the animal, the health of the animal and the effect of a delay on its rehabilitation, and any increased risk that a delay could necessitate the euthanasia of the animal.</p> <p>The bill amends the federal judicial code to authorize the Department of Justice to use amounts from the Department of Justice Assets Forfeiture Fund to pay for costs associated with a seized animal, including transportation, shelter, care, veterinary services, and humane euthanasia.</p>

tv_txt: I 115th CONGRESS 1st Session H. R. 398 IN THE HOUSE OF REPRESENTATIVES January 10, 2017 Mr. Katko (for himself, Ms. Judy Chu of California , Mr. Sensenbrenner , and Ms. Jackson Lee ) 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. Short title This Act may be cited as the Help Extract Animals from Red Tape Act of 2017 or the HEART Act of 2017 . 2. Reduced notice period (a) Notice timing for cases of animal seizure 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 . . (b) Notice procedures for cases of animal seizure Section 983(a)(1) of title 18, United States Code, as amended by this Act, is amended— (1) in subparagraph (B) by inserting and with respect to an animal seized under section 26 of the Animal Welfare Act or section 1955 of this title, that the delay is warranted in light of the criteria in subparagraph (G) after if the official determines that the conditions in subparagraph (D) are present, ; (2) in subparagraph (C) by inserting and with respect to an animal seized under section 26 of the Animal Welfare Act or section 1955 of this title, that the delay is warranted in light of the criteria in subparagraph (G) after that the conditions in subparagraph (D) are present, ; and (3) by adding after subparagraph (F), the following: (G) With respect to an animal seized under section 26 of the Animal Welfare Act or section 1955 of this title, the period for sending notice under this paragraph may be extended only after consideration of the following: (i) The cost to the government of caring and providing shelter for the animal. (ii) The psychological and physical health of the animal and the effect the delay will have on its rehabilitation. (iii) Any increased risk that the delay could necessitate the euthanasia of the animal. . 3. Seizures of animals (a) Payment for certain costs Section 524(c)(1) of title 28, United States Code, is amended by adding after subparagraph (I), the following: (J) payment for the transportation, shelter, care, veterinary services, and where appropriate, humane euthanasia of an animal seized under section 26 of the Animal Welfare Act or under section 1955 of title 18. . (b) Reimbursement and proportionality Section 983(h) of title 18, United States Code, is amended by adding at the end, the following: (4) In any civil forfeiture proceeding in which the Government prevails, the court shall require the claimant, to reimburse the United States for any actual and reasonable costs to the government for the transportation, shelter, care, veterinary services, or where appropriate, humane euthanasia of an animal that was the subject of the proceeding. The reimbursement shall be credited to the agency or fund that was used to pay the costs being reimbursed. (5) In any civil forfeiture proceeding in which an animal is subject of the proceeding, the court may reduce the size of a reimbursement based on any of the following factors: (A) The seriousness of the offense. (B) The culpability of the claimant. (C) The claimant’s prior record. (D) The claimant’s financial condition and need to support a family. (E) The purpose of the forfeiture statute in question. .