State Codes and Statutes

Statutes > Nebraska > Chapter28 > 28-1006

28-1006. Investigation;arrest; seizure of property; reimbursement of expenses.(1)It shall be the duty of the sheriff, a police officer, or the Nebraska StatePatrol to make prompt investigation of and arrest for any violation of section 28-1005 or 28-1005.01.(2) Any animal, equipment, device, or other property or thingsinvolved in any violation of section 28-1005 or 28-1005.01 shall be subject to seizure, anddisposition may be made in accordance with the method of disposition directedfor contraband in sections 29-818 and 29-820.(3) Any animal involved in any violation of section 28-1005 or 28-1005.01 shall be subjectto seizure. Distribution or disposition shall be made as provided in section 29-818 and in such manneras the court may direct. The court may give preference to adoption alternativesthrough humane societies or comparable institutions and to the protectionof such animal's welfare. For a humane society or comparable institution tobe considered as an adoption alternative under this subsection, it must firstbe licensed by the Department of Agriculture as having passed the inspectionrequirements in the Commercial Dog and Cat Operator Inspection Act and paidthe fee for inspection under the act. The court may prohibit an adopting orpurchasing party from selling such animal for a period not to exceed one year.(4) In addition to any other sentence given for a violationof section 28-1005 or 28-1005.01,the sentencing court may order the defendant to reimburse a public or privateagency for expenses incurred in conjunction with the care, impoundment, ordisposal, including adoption, of an animal involved in the violation of section 28-1005 or 28-1005.01. Whenever the court believesthat such reimbursement may be a proper sentence or the prosecuting attorneyrequests, the court shall order that the presentence investigation reportinclude documentation regarding the nature and amount of the expenses incurred.The court may order that reimbursement be made immediately, in specified installments,or within a specified period of time, not to exceed five years after the dateof judgment. SourceLaws 1988, LB 170, § 4; Laws 1997, LB 551, § 1; Laws 2002, LB 82, § 5; Laws 2010, LB252, § 3; Laws 2010, LB712, § 11.Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB252, section 3, with LB712, section 11, to reflect all amendments.Note: Changes made by LB252 became effective July 15, 2010. Changes made by LB712 became operative July 15, 2010. Cross ReferencesCommercial Dog and Cat Operator Inspection Act, see section 54-625.

State Codes and Statutes

Statutes > Nebraska > Chapter28 > 28-1006

28-1006. Investigation;arrest; seizure of property; reimbursement of expenses.(1)It shall be the duty of the sheriff, a police officer, or the Nebraska StatePatrol to make prompt investigation of and arrest for any violation of section 28-1005 or 28-1005.01.(2) Any animal, equipment, device, or other property or thingsinvolved in any violation of section 28-1005 or 28-1005.01 shall be subject to seizure, anddisposition may be made in accordance with the method of disposition directedfor contraband in sections 29-818 and 29-820.(3) Any animal involved in any violation of section 28-1005 or 28-1005.01 shall be subjectto seizure. Distribution or disposition shall be made as provided in section 29-818 and in such manneras the court may direct. The court may give preference to adoption alternativesthrough humane societies or comparable institutions and to the protectionof such animal's welfare. For a humane society or comparable institution tobe considered as an adoption alternative under this subsection, it must firstbe licensed by the Department of Agriculture as having passed the inspectionrequirements in the Commercial Dog and Cat Operator Inspection Act and paidthe fee for inspection under the act. The court may prohibit an adopting orpurchasing party from selling such animal for a period not to exceed one year.(4) In addition to any other sentence given for a violationof section 28-1005 or 28-1005.01,the sentencing court may order the defendant to reimburse a public or privateagency for expenses incurred in conjunction with the care, impoundment, ordisposal, including adoption, of an animal involved in the violation of section 28-1005 or 28-1005.01. Whenever the court believesthat such reimbursement may be a proper sentence or the prosecuting attorneyrequests, the court shall order that the presentence investigation reportinclude documentation regarding the nature and amount of the expenses incurred.The court may order that reimbursement be made immediately, in specified installments,or within a specified period of time, not to exceed five years after the dateof judgment. SourceLaws 1988, LB 170, § 4; Laws 1997, LB 551, § 1; Laws 2002, LB 82, § 5; Laws 2010, LB252, § 3; Laws 2010, LB712, § 11.Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB252, section 3, with LB712, section 11, to reflect all amendments.Note: Changes made by LB252 became effective July 15, 2010. Changes made by LB712 became operative July 15, 2010. Cross ReferencesCommercial Dog and Cat Operator Inspection Act, see section 54-625.

State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter28 > 28-1006

28-1006. Investigation;arrest; seizure of property; reimbursement of expenses.(1)It shall be the duty of the sheriff, a police officer, or the Nebraska StatePatrol to make prompt investigation of and arrest for any violation of section 28-1005 or 28-1005.01.(2) Any animal, equipment, device, or other property or thingsinvolved in any violation of section 28-1005 or 28-1005.01 shall be subject to seizure, anddisposition may be made in accordance with the method of disposition directedfor contraband in sections 29-818 and 29-820.(3) Any animal involved in any violation of section 28-1005 or 28-1005.01 shall be subjectto seizure. Distribution or disposition shall be made as provided in section 29-818 and in such manneras the court may direct. The court may give preference to adoption alternativesthrough humane societies or comparable institutions and to the protectionof such animal's welfare. For a humane society or comparable institution tobe considered as an adoption alternative under this subsection, it must firstbe licensed by the Department of Agriculture as having passed the inspectionrequirements in the Commercial Dog and Cat Operator Inspection Act and paidthe fee for inspection under the act. The court may prohibit an adopting orpurchasing party from selling such animal for a period not to exceed one year.(4) In addition to any other sentence given for a violationof section 28-1005 or 28-1005.01,the sentencing court may order the defendant to reimburse a public or privateagency for expenses incurred in conjunction with the care, impoundment, ordisposal, including adoption, of an animal involved in the violation of section 28-1005 or 28-1005.01. Whenever the court believesthat such reimbursement may be a proper sentence or the prosecuting attorneyrequests, the court shall order that the presentence investigation reportinclude documentation regarding the nature and amount of the expenses incurred.The court may order that reimbursement be made immediately, in specified installments,or within a specified period of time, not to exceed five years after the dateof judgment. SourceLaws 1988, LB 170, § 4; Laws 1997, LB 551, § 1; Laws 2002, LB 82, § 5; Laws 2010, LB252, § 3; Laws 2010, LB712, § 11.Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB252, section 3, with LB712, section 11, to reflect all amendments.Note: Changes made by LB252 became effective July 15, 2010. Changes made by LB712 became operative July 15, 2010. Cross ReferencesCommercial Dog and Cat Operator Inspection Act, see section 54-625.