75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
Senate Bill 298
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Judiciary)
CHAPTER ................
AN ACT
Relating to forfeited animals; creating new provisions; and
amending ORS 167.348 and 167.350.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 167.348 is amended to read:
167.348. { + (1) + } If an animal is forfeited according to
the provisions of ORS 167.347 or 167.350, { - in placing the
animal with a new owner, - } the agency to which the animal was
forfeited { + may place the animal with a new owner. The
agency + } shall give placement preference to any person or
persons who had prior contact with the animal, including but not
limited to family members and friends of the former owner whom
the agency determines are capable of providing necessary,
adequate and appropriate levels of care for the animal. { + As a
condition of placement, the agency shall require the new owner to
execute an agreement to provide minimum care to the animal. The
agreement must indicate that allowing the former owner to possess
the animal constitutes a crime.
(2) Notwithstanding subsection (1) of this section, the agency
may not place the animal with any person who resides with the
former owner. + }
SECTION 2. ORS 167.350 is amended to read:
167.350. (1) In addition to and not in lieu of any other
sentence it may impose, a court may require a defendant convicted
under ORS 167.315 to 167.333 or 167.340 to forfeit any rights of
the defendant in the animal subjected to the violation, and to
repay the reasonable costs incurred by any person or agency prior
to judgment in caring for each animal subjected to the violation.
{ - (2) - } { + (2)(a) + } When the court orders the
defendant's rights in the animal to be forfeited, the court may
further order that those rights be given over to an appropriate
person or agency demonstrating a willingness to accept and care
for the animal or to the county or an appropriate animal care
agency for further disposition in accordance with accepted
practices for humane treatment of animals. { + The court may not
transfer the defendant's rights in the animal to any person who
resides with the defendant.
(b) + } This subsection does not limit the right of the person
or agency to whom rights are granted to resell or otherwise make
Enrolled Senate Bill 298 (SB 298-A) Page 1
disposition of the animal. A transfer of rights under this
subsection constitutes a transfer of ownership { + . The court
shall require a person to whom rights are granted to execute an
agreement to provide minimum care to the animal. The agreement
must indicate that allowing the defendant to possess the animal
constitutes a crime + }.
(3) In addition to and not in lieu of any other sentence it may
impose, a court may order the owner or person having custody of
an animal to repay the reasonable costs incurred by any person or
agency in providing minimum care to the animal.
(4) A court may order a person convicted under ORS 167.315 to
167.333 or 167.340 to participate in available animal cruelty
prevention programs or education programs, or both, or to obtain
psychological counseling for treatment of mental health disorders
that, in the court's judgment, contributed to the commission of
the crime. The person shall bear any costs incurred by the person
for participation in counseling or treatment programs under this
subsection.
(5) ORS 131.550 to 131.600 do not apply to the forfeiture of an
animal subjected to a violation of ORS 167.315 to 167.333 or
167.340. Any such animal is subject to forfeiture as provided in
subsections (1) to (3) of this section.
SECTION 3. { + (1) A person commits the crime of encouraging
animal abuse if the person:
(a) Obtains a previously abused, neglected or abandoned animal
from an animal care agency under ORS 167.348 or the court under
ORS 167.350; and
(b) Knowingly allows the person from whom the animal was
forfeited to possess the animal.
(2) Encouraging animal abuse is a Class C misdemeanor. + }
SECTION 4. { + Section 3 of this 2009 Act and the amendments
to ORS 167.348 and 167.350 by sections 1 and 2 of this 2009 Act
apply to animals forfeited on or after the effective date of this
2009 Act. + }
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Passed by Senate April 2, 2009
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 28, 2009
...........................................................
Speaker of House
Enrolled Senate Bill 298 (SB 298-A) Page 2
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled Senate Bill 298 (SB 298-A) Page 3