HF 4042

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to animals; specifying criteria for animal cruelty investigations;
amending Minnesota Statutes 2004, section 343.22, subdivision 2, by adding a
subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 343.22, subdivision 2, is amended to read:

Subd. 2.

Police investigation.

new text begin (a) new text end The peace officer shall search the place designated
in the warrant and, together with the veterinary doctor, shall conduct an investigation of
the facts surrounding the alleged violation. new text begin The peace officer and the veterinarian shall
use investigative criteria that considers:
new text end

new text begin (1) the body type of the specific breed of animal being investigated as compared
with a normal animal of that same breed;
new text end

new text begin (2) the age and stage of life of the animal; and
new text end

new text begin (3) the heredity, purpose, and function of the breed.
new text end

new text begin The investigation must be videotaped in its entirety and the peace officer shall submit
the videotape to the court, along with the return of the executed warrant. A copy of the
videotape must be made available to a person claiming an interest in the animal upon
request. The request must be made within ten days of the investigation.
new text end

new text begin (b) new text end The peace officer may retain in custody, subject to the order of the court, any
property or things which are specified in the warrant, including any animal if the warrant
so specifies. The warrant shall contain the names of the persons presenting affidavits in
support of the application and the grounds for its issuance. Service shall be made in
accordance with the provisions of sections 626.13, 626.14, and 626.16. The warrant must
be executed and returned to the court deleted text begin which deleted text end new text begin that new text end issued the warrant within ten days after
its date deleted text begin ; deleted text end new text begin . new text end After the expiration of that time the warrant, unless executed, is void. The officer
executing the warrant shall promptly return the warrant to the court, and deliver to it new text begin the
videotape, and new text end a written inventory of the property or things taken, verified by the certificate
of the officer. The warrant and order for investigation issued pursuant to this section and
section 343.23 shall have the same force as a warrant issued pursuant to chapter 626.

Sec. 2.

Minnesota Statutes 2004, section 343.22, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Right to submit veterinarian's statement to court. new text end

new text begin A person claiming
an interest in the animal may submit to the court within ten days of the investigation a
letter from the animal's treating veterinarian regarding the animal's health.
new text end