1 Cruelty to Animals; Court Hearing Upon Confiscation of Animals. Amend RSA 644:8, IV(a)(3) to read as follows:

(3) Courts shall give cases in which animals have been confiscated by an arresting officer priority on the court calendar. In cases in which animals have been confiscated by an arresting officer or his or her agency, a status hearing shall be held by the court within 14 days of the confiscation of the animals.

2 Effective Date. This act shall take effect January 1, 2027.

1 Cruelty to Animals; Court Hearing Upon Confiscation of Animals. Amend RSA 644:8, IV(a)(3) to read as follows:

(3) Courts shall give cases in which animals have been confiscated by an arresting officer priority on the court calendar. In cases in which animals have been confiscated by an arresting officer or his or her agency, a status hearing shall be held by the court within 14 days of the confiscation of the animals.

(A) A purpose of the hearing shall be to determine whether the confiscation of the animal or animals was legal. Upon such a showing, the court may require the defendant or appellant to post a bond or other security in an amount not exceeding $1,000 for each animal in custody and/or make a determination of custody that is in the best interest of the animal's health, safety, and wellbeing. If the confiscated animal is co-owned by the defendant, the court may transfer the custody of the animal to the remaining owner or co-owners equitably if the court determines that such is in the best interest of the animal's health, safety, and wellbeing. The court may also address any other matters before it as raised by either party or if it is in the interests of justice. Upon request from either party or by order of the court, this hearing may include the defendant's arraignment. Waiver of the arraignment by the defendant shall not waive the 14 day hearing set forth in this paragraph.

(B) Such bond or security shall be posted to the court within 30 days. If such bond or security is not paid within 30 days after the court orders the bond or security to be posted, the animals shall be forfeited to the arresting officer, the arresting officer's agency, or the arresting officer's agency's designee. The court may, for good cause, extend the deadline by no more than 15 days. A court shall order the return of any bond or security upon a court approved agreement of the parties or a finding of not guilty. Nothing in subparagraph (3) shall negate any requirement for payment resulting from provisions in RSA 435:16.

(C) If the accused fails to appear in court without giving prior notice within 3 days of the hearing date, or, if less than 3 days notice, without evidence of emergent circumstances, the hearing shall take place as scheduled and the court may rule on any matters before it.

2 Effective Date. This act shall take effect January 1, 2027.