Inspection of records of certain licensees by law enforcement--holdorder, contents--violation, penalty--confidentiality ofinformation.
277.190. 1. Notwithstanding any provision of law to the contrary,upon request of a law enforcement officer to inspect any record open toinspection by the state veterinarian under section 277.120, or any recordopen to inspection by the department of agriculture, of any livestock salesor market licensee to determine the origin and destination of any livestockhandled by the licensee, the law enforcement officer shall be entitled toinspect such records of the licensee without prior notice or the necessityof obtaining a search warrant during regular business hours in a manner soas to minimize interference with or delay to the licensee's businessoperation. When a law enforcement officer has probable cause to believethat livestock in the possession of a licensee is misappropriated, theofficer may place a hold order on the livestock. The hold order shallcontain the following information:
(1) The name of the licensee;
(2) The name and mailing address of the licensee where the livestockis held;
(3) The name, title, and identification number of the law enforcementofficer placing the hold order;
(4) The name and address of the agency to which the law enforcementofficer is attached and the claim or case number, if any, assigned by theagency to the claim regarding the livestock;
(5) A description of the livestock; and
(6) The time of expiration of the holding period.
The hold order shall be signed and dated by the issuing officer and signedand dated by the licensee or the licensee's designee as evidence of thehold order's issuance by the officer, receipt by the licensee and thebeginning time of the holding period. The officer issuing the hold ordershall provide an executed copy of the hold order to the licensee for thelicensee's record-keeping purposes at no cost to the licensee.
2. For the purposes of this section, the term "hold order" shall meana written legal instrument issued to a licensee by a law enforcementofficer ordering the licensee to retain physical possession of livestock inthe possession of a licensee or livestock purchased by and in thepossession of a licensee and not to return, sell or otherwise dispose ofsuch livestock that is believed to be misappropriated for up to twenty-fourhours.
3. Upon receiving the hold order, the licensee shall retain physicalpossession of the livestock subject to the order in a secured area.
4. A violation of, or noncompliance with, this section shall be aclass A misdemeanor. Gross negligence or willful noncompliance with theprovisions of this section by a licensee shall be cause for the licensingauthority to suspend or revoke the licensee's license. Any imposedsuspensions or revocation provided for by this subsection may be appealedby the licensee to the licensing authority or to a court of competentjurisdiction.
5. All records and information that relate to a licensee's purchasesor transactions and that are delivered to or otherwise obtained by anappropriate law enforcement officer under this section are confidential andmay be used only by such appropriate law enforcement officer and only forthe following official law enforcement purposes:
(1) The investigation of a crime specifically involving the livestockdelivered to the licensee in a purchase or transaction; or
(2) The notification of property crime victims of where livestockthat has been reported misappropriated can be located.
Inspection of records of certain licensees by law enforcement--holdorder, contents--violation, penalty--confidentiality ofinformation.
277.190. 1. Notwithstanding any provision of law to the contrary,upon request of a law enforcement officer to inspect any record open toinspection by the state veterinarian under section 277.120, or any recordopen to inspection by the department of agriculture, of any livestock salesor market licensee to determine the origin and destination of any livestockhandled by the licensee, the law enforcement officer shall be entitled toinspect such records of the licensee without prior notice or the necessityof obtaining a search warrant during regular business hours in a manner soas to minimize interference with or delay to the licensee's businessoperation. When a law enforcement officer has probable cause to believethat livestock in the possession of a licensee is misappropriated, theofficer may place a hold order on the livestock. The hold order shallcontain the following information:
(1) The name of the licensee;
(2) The name and mailing address of the licensee where the livestockis held;
(3) The name, title, and identification number of the law enforcementofficer placing the hold order;
(4) The name and address of the agency to which the law enforcementofficer is attached and the claim or case number, if any, assigned by theagency to the claim regarding the livestock;
(5) A description of the livestock; and
(6) The time of expiration of the holding period.
The hold order shall be signed and dated by the issuing officer and signedand dated by the licensee or the licensee's designee as evidence of thehold order's issuance by the officer, receipt by the licensee and thebeginning time of the holding period. The officer issuing the hold ordershall provide an executed copy of the hold order to the licensee for thelicensee's record-keeping purposes at no cost to the licensee.
2. For the purposes of this section, the term "hold order" shall meana written legal instrument issued to a licensee by a law enforcementofficer ordering the licensee to retain physical possession of livestock inthe possession of a licensee or livestock purchased by and in thepossession of a licensee and not to return, sell or otherwise dispose ofsuch livestock that is believed to be misappropriated for up to twenty-fourhours.
3. Upon receiving the hold order, the licensee shall retain physicalpossession of the livestock subject to the order in a secured area.
4. A violation of, or noncompliance with, this section shall be aclass A misdemeanor. Gross negligence or willful noncompliance with theprovisions of this section by a licensee shall be cause for the licensingauthority to suspend or revoke the licensee's license. Any imposedsuspensions or revocation provided for by this subsection may be appealedby the licensee to the licensing authority or to a court of competentjurisdiction.
5. All records and information that relate to a licensee's purchasesor transactions and that are delivered to or otherwise obtained by anappropriate law enforcement officer under this section are confidential andmay be used only by such appropriate law enforcement officer and only forthe following official law enforcement purposes:
(1) The investigation of a crime specifically involving the livestockdelivered to the licensee in a purchase or transaction; or
(2) The notification of property crime victims of where livestockthat has been reported misappropriated can be located.
Inspection of records of certain licensees by law enforcement--holdorder, contents--violation, penalty--confidentiality ofinformation.
277.190. 1. Notwithstanding any provision of law to the contrary,upon request of a law enforcement officer to inspect any record open toinspection by the state veterinarian under section 277.120, or any recordopen to inspection by the department of agriculture, of any livestock salesor market licensee to determine the origin and destination of any livestockhandled by the licensee, the law enforcement officer shall be entitled toinspect such records of the licensee without prior notice or the necessityof obtaining a search warrant during regular business hours in a manner soas to minimize interference with or delay to the licensee's businessoperation. When a law enforcement officer has probable cause to believethat livestock in the possession of a licensee is misappropriated, theofficer may place a hold order on the livestock. The hold order shallcontain the following information:
(1) The name of the licensee;
(2) The name and mailing address of the licensee where the livestockis held;
(3) The name, title, and identification number of the law enforcementofficer placing the hold order;
(4) The name and address of the agency to which the law enforcementofficer is attached and the claim or case number, if any, assigned by theagency to the claim regarding the livestock;
(5) A description of the livestock; and
(6) The time of expiration of the holding period.
The hold order shall be signed and dated by the issuing officer and signedand dated by the licensee or the licensee's designee as evidence of thehold order's issuance by the officer, receipt by the licensee and thebeginning time of the holding period. The officer issuing the hold ordershall provide an executed copy of the hold order to the licensee for thelicensee's record-keeping purposes at no cost to the licensee.
2. For the purposes of this section, the term "hold order" shall meana written legal instrument issued to a licensee by a law enforcementofficer ordering the licensee to retain physical possession of livestock inthe possession of a licensee or livestock purchased by and in thepossession of a licensee and not to return, sell or otherwise dispose ofsuch livestock that is believed to be misappropriated for up to twenty-fourhours.
3. Upon receiving the hold order, the licensee shall retain physicalpossession of the livestock subject to the order in a secured area.
4. A violation of, or noncompliance with, this section shall be aclass A misdemeanor. Gross negligence or willful noncompliance with theprovisions of this section by a licensee shall be cause for the licensingauthority to suspend or revoke the licensee's license. Any imposedsuspensions or revocation provided for by this subsection may be appealedby the licensee to the licensing authority or to a court of competentjurisdiction.
5. All records and information that relate to a licensee's purchasesor transactions and that are delivered to or otherwise obtained by anappropriate law enforcement officer under this section are confidential andmay be used only by such appropriate law enforcement officer and only forthe following official law enforcement purposes:
(1) The investigation of a crime specifically involving the livestockdelivered to the licensee in a purchase or transaction; or
(2) The notification of property crime victims of where livestockthat has been reported misappropriated can be located.
