Proposal would set rules for taking livestock in cruelty cases

An arresting officer could confiscate livestock in a cruelty case. The rule covers livestock involved in cruelty charges under the specified animal cruelty laws. Before a charge is filed, livestock may be confiscated only when there is probable cause to believe its life is in imminent danger. The investigator must be accompanied by the state veterinarian or a designee, a licensed veterinarian, or qualified staff from a state-approved animal shelter; that person determines whether there is probable cause to confiscate the livestock. A person charged may choose a licensed veterinarian to examine the confiscated livestock, at that person's expense. The proposal would take effect January 1, 2027. Livestock taken without a warrant before a charge is filed must be returned within 10 days.

Officers could take livestock into temporary protective custody during an emergency when its owner or caretaker is absent. This emergency procedure applies when the livestock's owner or caretaker is not present. There must be probable cause of abuse or neglect, clear and imminent danger to the livestock's health or life, and too little time to get a court order. The state veterinarian or a designee must set the criteria for deciding whether to take the livestock. For lactating livestock, the person taking custody must show the attending veterinarian and the owner or caretaker that proper care and facilities will be provided for the adults and offspring; separation from unweaned offspring requires a licensed veterinarian's approval. People who may take custody cannot help decide whether livestock should be seized. People asked to take custody or help investigate must sign an agreement limiting disclosure of shared or confidential information, with an exception for officials who need to know and have confidentiality duties. The proposal would take effect January 1, 2027. Livestock taken without a warrant when no charge has been filed must be returned within 10 days.

The proposal would set rules for temporary custody, care, and final ownership of confiscated livestock. These rules concern livestock confiscated in cruelty cases and people who can prove an ownership interest. A person who proves sole or shared ownership, is not a defendant or party of interest in the criminal case, and seeks temporary custody may petition the court. The court gives that person priority if it finds this best for the livestock's health, safety, and well-being. After a conviction, the court decides what happens to confiscated livestock. It must give priority to restoring ownership to other owners, or transferring the defendant's share to co-owners, when that best serves the livestock's health, safety, and well-being. A convicted person must pay care, veterinary, and disposal costs under agriculture department rules. A custodian generally may not permanently alter the livestock while the case is pending, except for life-saving care or with the owner's written agreement. If the animal is suffering and relief would cost more than the allowed reimbursement, it must be euthanized unless the owner pays. For livestock in temporary protective custody, the owner may instead surrender it outright or for care by an animal shelter. The proposal would take effect January 1, 2027. Ownership decisions follow a conviction; limits on permanent changes apply while the court case is pending.