§711-1109.2  Forfeiture of animal prior to
disposition of criminal charges.  (1)  [Repeal and reenactment on July
1, 2015.  L 2009, c 11, §15 as superseded by c 160, §3.]  If any pet animal
is impounded pursuant to section 711-1109.1, prior to final disposition of the
criminal charge under section 711-1108.5, 711-1109, 711-1109.3, or 711-1109.6,
against the pet animal's owner, any duly incorporated humane society or duly
incorporated society for the prevention of cruelty to animals that is holding
the pet animal may file a petition in the criminal action requesting that the
court issue an order for forfeiture of the pet animal to the county or to the
duly incorporated humane society or duly incorporated society for the
prevention of cruelty to animals prior to final disposition of the criminal
charge.  The petitioner shall serve a true copy of the petition upon the
defendant and the prosecuting attorney.



(2)  Upon receipt of a petition pursuant to
subsection (1), the court shall set a hearing on the petition.  The hearing
shall be conducted within fourteen days after the filing of the petition, or as
soon as practicable.



(3)  [Repeal and reenactment on July 1,
2015.  L 2009, c 11, §15 as superseded by c 160, §3.]  At a hearing
conducted pursuant to subsection (2), the petitioner shall have the burden of
establishing probable cause that the pet animal was subjected to a violation of
section 711-1108.5, 711-1109, 711-1109.3, or 711-1109.6.  If the court finds
that probable cause exists, the court shall order immediate forfeiture of the
pet animal to the petitioner, unless the defendant, within seventy-two hours of
the hearing:



(a) Posts a security deposit or bond with the court
clerk in an amount determined by the court to be sufficient to repay all
reasonable costs incurred, and anticipated to be incurred, by the petitioner in
caring for the pet animal from the date of initial impoundment to the date of
trial; or



(b) Demonstrates to the court that proper alternative
care has been arranged for the pet animal.



Notwithstanding subsection (3)(a), a court may
waive, for good cause shown, the requirement that the defendant post a security
deposit or bond.



(4)  If a security deposit or bond has been
posted in accordance with subsection (3)(a), the petitioner may draw from the
security deposit or bond the actual reasonable costs incurred by the petitioner
in caring for the pet animal until the date of final disposition of the
criminal action.  If the trial is continued to a later date, any order of
continuance shall require the defendant to post an additional security deposit
or bond in an amount determined by the court that shall be sufficient to repay
all additional reasonable costs anticipated to be incurred by the petitioner in
caring for the pet animal until the date of final disposition of the criminal
action, and the petitioner may draw from the additional security deposit or
bond as necessary.



(5)  [Repeal and reenactment on July 1,
2015.  L 2009, c 11, §15 as superseded by c 160, §3.]  No pet animal
may be destroyed by a petitioner under this section prior to final disposition
of the criminal charge under section 711-1108.5, 711-1109, 711-1109.3, or
711-1109.6 against the pet animal's owner, except in the event that the pet
animal is so severely injured that there is no reasonable probability that its
life can be saved.



(6)  Forfeiture of a pet animal under this
section shall not be subject to the provisions of chapter 712A. [L 2006, c 239,
pt of §1; am L 2007, c 114, §6; am L 2008, c 128, §§3, 7]