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DE HB242

Bill

Status

Passed

2/3/2016

Primary Sponsor

Earl Jaques

Click for details

Origin

House of Representatives

148th General Assembly

AI Summary

  • Removes references to Delaware Society for the Prevention of Cruelty to Animals and Kent County Society for the Prevention of Cruelty to Animals from animal welfare enforcement statutes, replacing them with state-controlled Office of Animal Welfare within the Department of Health and Social Services.

  • Establishes the Office of Animal Welfare as the primary enforcement agency for animal cruelty laws statewide, except for domestic agricultural animals where the Department of Agriculture has primary authority, with concurrent jurisdiction in cases of imminent danger.

  • Requires animal welfare officers to be trained and certified per Title 10 qualifications and prohibits them from carrying firearms while on duty; limits their law enforcement powers to animal cruelty investigations only.

  • Creates a new impoundment procedure where trained animal welfare officers may impound animals subjected to cruelty or neglect, with animals returned within 48 hours unless a complaint is filed; establishes owner liability for boarding and care costs, with ownership reverting to the state if costs remain unpaid after 30 days.

  • Designates the Office of Animal Welfare as a law enforcement agency for purposes of criminal justice information access and includes animal welfare officers in the definition of "law-enforcement officer" under Title 11.

Legislative Description

An Act To Amend Titles 3, 11, And 16 Of The Delaware Code Relating To Animals, Animal Cruelty, And Authority Of The Department Of Health And Social Services.

Last Action

Signed by Governor

2/3/2016

Committee Referrals

Health & Social Services1/26/2016
Health & Human Development1/14/2016

Full Bill Text

No bill text available