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SB263 INTRODUCED
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SB263
YMZTW22-1
By Senators Sessions, Williams, Shelnutt, Melson
RFD: Agriculture, Conservation, and Forestry
First Read: 05-Feb-26
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YMZTW22-1 02/04/2026 ZAK (L)ZAK 2026-715
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First Read: 05-Feb-26
SYNOPSIS:
Under existing law, it is a crime for a person
to be cruel to an animal.
This bill would establish a crime for abandoning
an animal.
This bill would authorize law enforcement
officers and local government agents to seize or order
care be rendered to an abandoned animal.
This bill would also provide procedures for a
hearing on the seizure of or order to render care to an
abandoned animal when the owner is known.
A BILL
TO BE ENTITLED
AN ACT
Relating to crimes and offenses; to establish the crime
of abandoning an animal; to authorize law enforcement officers
and local government agents to seize and order care for
abandoned animals; and to provide procedures for hearings on
such seizures and orders.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
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BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) For purposes of this section, the
following terms have the following meanings:
(1) ABANDON. To intentionally, knowingly, or with
criminal negligence leave an animal at any location in any
condition without providing for its continued care thereby
subjecting the animal to risk of injury, starvation,
dehydration, exposure, or death.
(2) ANIMAL. A live non-human vertebrate.
(b) A person may not abandon an animal.
(c)(1) Subject to subdivision (2), a person shall be
guilty of a Class A misdemeanor for violating subsection (b).
(2) A person shall be guilty of a Class D felony for
violating subsection (b) if:
a. He or she has been previously convicted of violating
this section or Sections 13A-11-14, 13A-11-14.1, or
13A-11-241, Code of Alabama 1975;
b. The abandonment of the animal causes serious
physical injury or death to the animal; or
c. Five or more animals are abandoned at one time.
(d)(1) Any law enforcement officer or local government
agent who reasonably believes, has evidence, or has found that
an animal has been abandoned may:
a. Remove the animal from its location; or
b. Order the animal owner to provide care to the
animal.
(2) A local government or an employee or agent of the
local government acting in good faith is not liable for any
action taken pursuant to this subsection.
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action taken pursuant to this subsection.
(e) If the owner of an animal is known, a law
enforcement officer or local government agent who has seized
the animal, without the requirement of any fee or charge for
court costs, shall immediately petition the district court of
the county in which the animal is found for a hearing to be
set within 20 days after seizing the animal or the issuance of
an order to provide care. The hearing shall be held not more
than 10 days after the setting of the date to determine
whether the owner is able to provide adequately and
protectively for the animal and is fit to have custody of the
animal. The hearing shall conclude and the court order entered
not more than 30 days after the date that the hearing
commences. The owner shall be notified of the date of the
hearing at least five days before the date of the hearing .
(f) A law enforcement agency or local government may
provide care for a seized animal until:
(1) The animal is returned to the owner by the court;
(2) The court refuses to return the animal to the owner
and implements one of the procedures provided by subsection
(h); or
(3) Thirty days have passed since seizure of the animal
and the animal's owner remains unknown, at which time the law
enforcement agency or local government may euthanize or
transfer the animal to animal control, a humane shelter, or
similar facility designated by the county or the municipality
or other appropriate person.
(g) If the owner is found by the court, with
certification from a licensed veterinarian, to be able to
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certification from a licensed veterinarian, to be able to
provide adequately for and have custody of the animal, the
animal shall be returned to the owner.
(h) If the court finds that the owner of the animal is
unable, unwilling, or unfit to adequately provide for the best
interests of, protect, and have custody of the animal the
court may order the following:
(1) Upon the testimony of the individual who seized the
animal, a licensed veterinarian, or another qualified witness
that the animal requires euthanizing or other disposition for
humane reasons or is of no commercial value, the animal be
euthanized or transferred to animal control, a humane shelter,
or similar facility designated by the local government or
other appropriate person to be euthanized by the person in a
humane manner.
(2) Upon proof of the costs incurred by the agency or
local government that seized the animal, the owner pay any
costs incurred for the care of the animal and in euthanizing
the animal. A separate hearing may be held by the judge on the
assessment of costs, which shall include all costs of notice
and hearing. In the event the court finds the owner innocent
of charges, the owner may not be charged with costs of the
care of the animal in custody.
(3) The owner to complete five hours of community
service or education related to animal care and well-being.
(i) If the court determines that the owner is unable,
unwilling, or unfit to adequately provide for and protect any
other animal in his or her custody, the court may enjoin the
owner from possessing any other animal for a period not
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owner from possessing any other animal for a period not
exceeding five years.
(j) This section shall not apply to any of the
following:
(1) Lawful hunting, fishing, and trapping.
(2) Generally accepted animal husbandry, agricultural,
and wildlife management practices.
(3) The practice of veterinary medicine.
(4) Pest control.
(5) Research that complies with applicable federal and
state laws.
(k) This section is in addition to, and not a
substitute for, the crimes provided by Sections 13A-11-14,
13A-11-14.1, and 13A-11-241, Code of Alabama 1975.
Section 2. This act shall become effective on October
1, 2026.
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