§ 20-19-607 — Enforcement

(a) Upon probable cause, a law enforcement officer may seize a primate possessed or kept in violation of this subchapter. (b) A primate seized under this section is forfeited upon a judicial determination that: (1) The seized animal is a primate; and (2) The owner of the seized primate has violated this subchapter with regard to the seized primate. (c) (1) A primate seized and forfeited under this section shall be placed in the custody and control of a registered primate owner if possible. (2) If placement is not possible under subdivision (c)(1) of this section, a primate seized and forfeited under this section shall be placed in the custody and control of a zoo accredited by the Association of Zoos and Aquariums or a wildlife sanctuary. (d) (1) A primate seized but not forfeited under this section shall be impounded or quarantined at the home of a registered primate owner if possible. (2) If impoundment and quarantine under subdivision (d)(1) of this section is not possible, a primate seized but not forfeited under this section shall be kept in the custody of an institution accredited by the Association of Zoos and Aquariums, a wildlife sanctuary, or a temporary holding facility under § 20-19-603 until disposition of the seized primate. (e) (1) A zoo, wildlife sanctuary, or temporary holding facility having custody of a primate under this section may file a petition with the court requesting that the person from which the primate was seized or the owner of the primate be ordered to post security. (2) (A) Security ordered under subdivision (e)(1) of this section shall be in an amount sufficient to secure payment of all reasonable expenses expected to be incurred by the zoo, the wildlife sanctuary, or the temporary holding facility in caring for and providing for the primate pending the disposition of the primate. (B) Reasonable expenses under subdivision (e)(2)(A) of this section include without limitation estimated medical care and boarding of the primate before disposition. (C) The amount of the security under subdivision (e)(2)(A) of this section shall be determined by the court after taking into consideration the facts and circumstances of the case, including without limitation the recommendation of the organization having custody and care of the seized primate and the cost of caring for the primate. (D) If security under subdivision (e)(2)(A) of this section has been posted, the zoo, the wildlife sanctuary, a registered primate owner, or the temporary holding facility may draw from the security the actual costs incurred in caring for the seized primate. (3) (A) Upon receipt of a petition the court shall set a hearing on the petition to be conducted within five (5) business days after the petition is filed. (B) The petitioner shall serve a copy of the petition on the owner of the primate and the law enforcement entity that seized the primate. (C) The petitioner also shall serve a copy of the petition on any interested person. (D) If the court orders the posting of security under this section, the person ordered to do so shall post the security with the clerk of the court within five (5) business days after the hearing. (E) Upon judicial determination on the disposition of the seized primate, a person that posted the security under this section is entitled to a refund of the security for any expenses not incurred by the impounding organization. (f) Voluntary relinquishment does not affect criminal charges that may be pursued by the appropriate authorities.

Legislative History

Added by Act 2013, No. 1337,§ 1, eff. 8/16/2013.