(1) Upon the motion of the prosecuting attorney or upon the court's own motion, after the conviction of a defendant for cruelty to animals as described in section 18-9-202, or for animal fighting as described in section 18-9-204, the court may order the forfeiture of any animal owned by or in the custody of the defendant that:
Was abused, neglected, mistreated, injured, or used by the defendant during the course of the criminal episode that gave rise to such conviction;
Participated in or was affected by any act set forth in section 18-9-204 (1).
(2) (a) If an animal is the subject of a motion made under subsection (1) of this section and is not owned by the defendant, the court may nevertheless enter an order of forfeiture of the animal if the court finds that:
The animal was abandoned prior to the criminal episode described in subsection (1) of this section;
The owner of the animal is unknown; or
The owner of the animal is known but cannot be located.
(b) Any person who contests a motion brought under this section shall establish such person's standing as a true owner of the animal. The factors to be considered by the court in determining whether such person is a true owner shall include, but shall not be limited to, the following:
Whether the person was the primary user, custodian, or possessor of the animal;
Whether there is evidence that ownership of the animal is vested in the person;
Whether consideration was paid for the purchase of the animal, and, if so, howmuch of the consideration was furnished by the person.
(c) If the court determines that a person other than the defendant is the true owner of the animal, the court may not enter an order forfeiting the animal under this section unless the court finds:
The true owner was involved in the criminal episode described in subsection (1) ofthis section;
The true owner knew or reasonably should have known of the criminal episode described in subsection (1) of this section and failed to take all reasonable steps available to him or her to prevent it; or
Ownership of the animal was conveyed to the true owner in order to avoid a forfeiture.
An order of forfeiture entered pursuant to this section shall provide for the immediatedisposition of the forfeited animal by any means described in section 18-9-201 (2.5) other than return to the owner. If, in the opinion of a licensed veterinarian, the animal 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.
The owner or custodian of an animal that is the subject of a motion brought underthis section shall be liable for the cost of the care, keeping, transport, or disposal of the animal. In no event shall the prosecuting attorney or the office of the prosecuting attorney be liable for such cost.
The court in its discretion may order a forfeiture authorized by this section as anelement of sentencing, as a condition of probation, or as a condition of a deferred sentence.
Source: L. 2001: Entire section added, p. 87, § 2, effective July 1. L. 2007: (3) amended, p. 724, § 3, effective July 1.