| Nonprosecution Agreements.

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Effective: March 31, 2021

Latest Legislation: House Bill 24 - 133rd General Assembly

(A) A humane society may not enter into a written agreement with a person, wherein the humane society agrees not to prosecute the person for an alleged violation of law, unless the proposed agreement has been reviewed and approved by the judge that has presided over the hearing that is required to determine if the officer had probable cause to seize the animal, and which is related to the case that is the subject of the agreement. As part of the review, if bond has previously been set, the judge shall reconsider whether or not the amount of the bond determined by the court to be needed for the animal's care is necessary and reasonable. A judge shall not approve a nonprosecution agreement that requires a person to provide financial compensation that is in excess of what is necessary and reasonable for the animal's care for the duration of the impoundment.

(B) A nonprosecution agreement between a humane society and a person, as described in division (A) of this section, is void and unenforceable unless it has been approved under division (A) of this section.


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