First Regular Session
              Sixty-ninth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 13-0413.02 Bart Miller x2173    HOUSE BILL 13-1125
                    HOUSE SPONSORSHIP
 Sonnenberg,
 
                   SENATE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Agriculture, Livestock, & Natural Resources
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning a prohibition on the impoundment of livestock
            without a determination by a licensed veterinarian
            that the impoundment is necessary to preserve the life
            of the animal.
       
       
                           Bill Summary
       
            (Note: This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            This bill prohibits the impoundment of livestock unless a licensed
       veterinarian determines in writing based on an inspection of the livestock
       that the impoundment is necessary to preserve the life of the animal.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 18-9-202, amend
       (1.8); and add (1.9) as follows:
            18-9-202.  Cruelty to animals - aggravated cruelty to animals
       - cruelty to a service animal - restitution. (1.8)  A peace officer having
       authority to act under this section may take possession of and impound an
       animal, except livestock, that the peace officer has probable cause to
       believe is a victim of a violation of subsection (1) or (1.5) of this section
       or is a victim of a violation of section 18-9-204 and as a result of the
       violation is endangered if it remains with the owner or custodian. If, in
       the opinion of a licensed veterinarian, an animal impounded pursuant to
       this subsection (1.8) is experiencing extreme pain or suffering, or is
       severely injured past recovery, severely disabled past recovery, or
       severely diseased past recovery, the animal may be euthanized without a
       court order.
            (1.9) A peace officer having authority to act under this
       section may take possession of and impound livestock that the
       peace officer has probable cause to believe is a victim of a
       violation of subsection (1) or (1.5) of this section and as a result
       of the violation is endangered if it remains with the owner or
       custodian. For purposes of this subsection (1.9), probable cause
       exists only if a licensed veterinarian conducts an inspection of
       the livestock in question and determines in writing that the
       impoundment is necessary to preserve the life of the animal. If,
       in the opinion of a licensed veterinarian, an animal impounded
       pursuant to this subsection (1.9) is near death or if the owner
       consents the animal may be euthanized without a court order.
            SECTION 2.  Act subject to petition - effective date -
       applicability. (1)  This act takes effect at 12:01 a.m. on the day following
       the expiration of the ninety-day period after final adjournment of the
       general assembly (August 7, 2013, if adjournment sine die is on May 8,
       2013); except that, if a referendum petition is filed pursuant to section 1
       (3) of article V of the state constitution against this act or an item, section,
       or part of this act within such period, then the act, item, section, or part
       will not take effect unless approved by the people at the general election
       to be held in November 2014 and, in such case, will take effect on the
       date of the official declaration of the vote thereon by the governor.
            (2)  This act applies to the impoundment of livestock on or after
       the applicable effective date of this act.