This Amendment establishes a right of an individual convicted of an animal abuse offense to file a petition for removal from the public list maintained by the Office of Animal Welfare on their website.

Plain English Breakdown

The official text confirms the waiting periods (2 years for misdemeanors, 7 for felonies) and the list of factors courts must consider.

Amendment to Allow Removal from Animal Abuse Offender List

This amendment lets people convicted of animal abuse ask a court to take their names off a public list after waiting for a set time, or if they get their conviction erased.

What This Bill Does

• Allows individuals with misdemeanor convictions to file a petition for removal from the list two years after their conviction date.
• Requires individuals with felony convictions to wait seven years after their conviction date before filing a petition for removal.
• Mandates that petitions be filed in the court where the original conviction happened and sent to the Attorney General's Office.
• Lists specific factors courts must review, such as criminal history, risk to animals, rehabilitation efforts, and impact on employment opportunities.
• Requires automatic removal from the list if a person gets their underlying conviction expunged.

Who It Names or Affects

• Individuals convicted of animal abuse offenses who are currently on the public offender list.
• Courts that must review petitions and decide whether to remove names from the list.
• The Office of Animal Welfare, which maintains the public website listing offenders.

Terms To Know

Petition

A formal written request made to a court asking for removal from the offender list.

Expungement

The legal process of erasing or sealing a criminal conviction record so it is no longer public, which triggers automatic removal from this list.

Misdemeanor

A less serious type of crime compared to a felony; individuals with these convictions can petition for removal after two years.

Limits and Unknowns

• The court has the final choice on whether to remove someone from the list even if they file a petition.
• The text does not state when this law will officially take effect after passing the Senate.
• It is unclear how long it takes for the Office of Animal Welfare to update their website once a removal order is issued.

Official Summary Text

This Amendment establishes a right of an individual convicted of an animal abuse offense to file a petition for removal from the public list maintained by the Office of Animal Welfare on their website. An individual convicted of a misdemeanor offense may petition after 2 years from the date of conviction and an individual convicted of a felony offense may petition after 7 years from the date of conviction. The Amendment sets forth factors a Court must consider before removal. Any individual who obtains an expungement of the underlying conviction must be removed from the animal abuse offender list and the public website.

Current Bill Text

Legislation Document

SPONSOR:

Sen. Poore

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE AMENDMENT NO. 1

TO

SENATE BILL NO. 174

AMEND Senate Bill No. 174 after line 41 and before line 42 by inserting the following:

§ 4133. Early removal.

(a) An individual who has been entered on the animal abuse offender list subject to a misdemeanor conviction may file a petition for removal 2 years after the date of conviction.

(b) An individual who has been entered on the animal abuse offender list subject to a felony conviction may file a petition for removal 7 years after the date of conviction.

(c) A petition for removal must be filed with the Court that entered the conviction of the individual.

(d) The petitioner shall cause a copy of the petition for removal filed under this section to be served upon the Attorney General’s Office, who may file an answer to the petition within 30 days thereafter.

(e) The Court shall have the discretion to remove an individual from the animal abuse offender list. In making this determination, the Court shall consider the following factors, including:

(1) The nature and circumstances of the original conviction.

(2) Any incidents of animal abuse or neglect while on the animal abuse offender list.

(3) The criminal history of the individual.

(4) Compliance with the terms of probation, if applicable.

(5) The risk, if any, the individual poses to animals.

(6) The rehabilitation, if any, of the individual, or successful completion of a program of evaluation and treatment.

(7) The adverse impact of registration on the individual and the rehabilitative process, including the impact on employment opportunities.

(f) An individual who obtains an expungement from the underlying conviction that placed them on the animal abuse offender list must be automatically removed from the animal abuse offender list and the public website maintained by the Office of Animal Welfare subject to § 4372(e) of Title 11.

SYNOPSIS

This Amendment establishes a right of an individual convicted of an animal abuse offense to file a petition for removal from the public list maintained by the Office of Animal Welfare on their website. An individual convicted of a misdemeanor offense may petition after 2 years from the date of conviction and an individual convicted of a felony offense may petition after 7 years from the date of conviction. The Amendment sets forth factors a Court must consider before removal. Any individual who obtains an expungement of the underlying conviction must be removed from the animal abuse offender list and the public website.

Author: Senator Poore