Pre-Trial Provisions

(a)Reporting and Immunity.

(1)The following designees, having a good-faith belief that any animal with whom the designee comes in contact has suffered a violation of this Article or that any person with whom the designee comes in contact has committed a violation of this Article, may report, or cause a report to be made to the Animal Control Division of the Department of Agriculture:

(A)a police officer; or

(B)a licensed social worker.

(2)Any designee making a report under this Subsection shall not be required to report such information communicated by a person if the communication is privileged under Guam law.

(3)Any designee making a report under this Subsection shall be immune from any civil or criminal liability by reason of making the report, unless the report was made in bad faith.

(b)Law Enforcement Policies.

(1)All officers as defined in § 70.15 of this Article COL11/30/2022 CH. 70 MISCELLANEOUS CRIMES have the duty and responsibility to enforce this Article to the extent authorized by law.

(2)All volunteer animal control officers, volunteer conservation officers, or similar volunteer law enforcement officers, whose positions are established by the government of Guam, have the duty and responsibility to enforce this Article to the extent authorized by law.

(c)Seizure.

(1)Search and Seizure With a Warrant. If there is probable cause to believe that an animal is being subjected to treatment in violation of this Article, an officer, after obtaining a search warrant, shall enter the premises where the animal is located and seize the animal.

(2)Search and Seizure Without a Warrant. If an officer witnesses a situation in which the officer determines that an animal’s life is in jeopardy and immediate action is required to protect the animal’s health or safety, the officer may seize the animal without a warrant. The officer shall immediately take an animal seized under this Subsection to a licensed veterinarian or animal shelter for medical attention to stabilize the animal’s condition and to assess the health of the animal.

(3)Any person or facility receiving an animal seized pursuant to this Subsection shall provide the animal with minimum care.

(4)An officer shall not be liable for any damages for an entry under this Subsection.

(5)Any guardian of an animal that is impounded pursuant to this Subsection shall, within seventy-two

(72)hours following the seizure, be given written notice of the seizure and legal remedies available to the guardian. The written notice shall be posted at the place of seizure, or delivered to an employee at the place of impoundment, or by registered mail if the guardian is known.

(6)The guardian from whom an animal is seized pursuant to this Subsection shall, within seventy-two

(72)COL11/30/2022 CH. 70 MISCELLANEOUS CRIMES hours following the seizure, be given written notice of the seizure and legal remedies available to the guardian. The notice shall, at a minimum, be given by posting at the place of seizure, or by delivery to a person residing or working at the place of seizure, or by certified mail. Such notice shall include:

(A)the name, business address, and telephone number of the law enforcement entity responsible for seizing the animal;

(B)a description of the seized animal;

(C)the authority and purpose for the seizure, including the time, place, and circumstance under which the animal was seized; and

(D)a statement that the guardian is responsible for the cost of care for an animal who was lawfully seized, and that the guardian will be required to post a bond with the court to defray the cost of care or the animal will be deemed forfeited.

(d)Costs-of-Care Bonds.

(1)An animal that has been impounded pending outcome of a criminal case, including charges under this Article, may prevent disposition of the animal by a caregiving agency that has temporary custody of the animal by posting a bond with the court in an amount the court determines is sufficient to provide for the animal’s minimum care for at least thirty

(30)days, including the day on which the animal was taken into custody.

(A)Such bond shall be filed with the court within ten

(10)days after the animal is impounded. If a bond is not so posted, the animal shall be deemed forfeited and the custodial caregiving agency shall determine final disposition of the animal in accordance with reasonable practices for the humane treatment of animals. At the end of the time for which expenses are covered by the bond, if the owner, guardian, or person in possession of an animal, desires to prevent disposition of the animal COL11/30/2022 CH. 70 MISCELLANEOUS CRIMES by the custodial caregiving agency, a new bond shall be posted with the court within ten

(10)days following the prior bond’s expiration.

(B)If a new bond is not so posted, the animal shall be deemed forfeited and the custodial caregiving agency shall determine final disposition of the animal in accordance with reasonable practices for the humane treatment of animals.

(C)However, nothing in this Subsection shall prohibit the immediate disposition of the animal by euthanasia if, in the opinion of a licensed veterinarian, the animal is experiencing intractable extreme pain or suffering. The guardian shall be liable for all costs of providing minimum care, or disposal of the animal.

(2)If a bond has been posted in accordance with Subsection (d)(1) of this Section, the custodial caregiving agency may draw from the bond the actual reasonable costs incurred by the agency in providing minimum care to the seized animal from the date of initial seizure to the date of final disposition of the animal in the criminal action.

(e)Protective Orders.

(1)A mandatory restraining order is created against any person charged with a felony under this Article.

(2)The order may remain in effect from the time that the defendant is advised of their rights at arraignment or the defendant’s first appearance before the court and informed of such order, until final disposition of the action.

(3)The order may restrain the defendant from contacting, harassing, molesting, intimidating, retaliating against, or tampering with:

(A)any animal(s) victimized by the acts charged;

(B)any guardian or owner, other than the defendant, of such animal(s); or

(C)any witness to the acts charged. COL11/30/2022 CH. 70 MISCELLANEOUS CRIMES

(4)Any restraining order issued pursuant to Subsection

(e)of this Section, shall be on a standardized form prescribed by the Superior Court of Guam.

(5)A copy of the restraining order shall be provided to the protected parties.

(6)The court may include an animal in any protective order authorized by this Article.