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§ 30.5. Hearing

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 18 P.S. Crimes and OffensesEffective: September 9, 2013

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 18 P.S. Crimes and Offenses
Chapter 5. Costs of Care of Seized Animals Act (Refs & Annos)
Effective: September 9, 2013
18 P.S. § 30.5
§ 30.5. Hearing
(a) Date.--Upon receipt of a petition, the court shall set a date for a hearing to determine the responsibility of a defendant for reasonable costs of care.
(b) Time.--A hearing under subsection (a) shall be scheduled not less than 14 days but not more than 21 days from the service of the petition. The petitioner shall serve notice of the hearing date upon the defendant and, if required to be served under section 4(b),1 the owner.
(c) Evidence.--At the hearing, the petitioner shall present evidence that demonstrates:
(1) the amount of reasonable costs of care for the seized animal;
(2) that the seizure was warranted; and
(3) if the owner is required to be served under section 4(b), that a copy of the petition has been mailed to the owner's last known address.
(d) Objection.--The defendant and, if required to be served under section 4(b), the owner shall have the opportunity at the hearing to object to the petition.
(e) Costs order.--
(1) Not later than five days after the commencement of the hearing, the court shall issue an order granting or denying the petition. If the court grants the petition, the order shall include any filing fees paid by the petitioner to file the petition under section 32 and the amount of reasonable costs of care, both of which shall be paid by the defendant.
(2) The costs order shall include a schedule of monthly payments for costs of care to be paid by the defendant beginning 30 days after the initial payment designated in the order under paragraph (1). Payments shall continue until termination under section 7.3 The defendant's ability to pay shall not affect the court's determination as to the amount of the reasonable costs of care.

Credits

2013, July 9, P.L. 263, No. 50, § 5, effective in 60 days [Sept. 9, 2013].

Footnotes

18 P.S. § 30.4.
18 P.S. § 30.3.
18 P.S. § 30.7.
18 P.S. § 30.5, PA ST 18 P.S. § 30.5
Current through 2022 Regular Session Act 97. Some statute sections may be more current, see credits for details.
End of Document