[§711-1110.5] Surrender or forfeiture of animals. Upon conviction for any violation of section 711-1109 or 711-1109.3:
(1) The court may order the defendant to surrender or forfeit the animal whose treatment was the basis of the conviction to the custody of a duly incorporated humane society or society for the prevention of cruelty to animals for such time and under such conditions as the court shall order.
(2) The court also may order the defendant to surrender or forfeit any other animals under the possession, custody, or control of the defendant to the custody of a duly incorporated humane society or society for the prevention of cruelty to animals for such a time and under such conditions as the court shall order, if there is substantial evidence that such animals are being abused or neglected. [L 1985, c 262, §1]
COMMENTARY ON §711-1110.5
Act 262, Session Laws 1985, requires the defendant convicted of cruelty to animals to surrender: (1) the animal whose abuse led to the conviction; and (2) any other animal if there is evidence of its abuse or neglect. The Legislature felt that a court- ordered hiatus in the custody of the abused animal would accomplish the clear intent of this measure to protect abused animals from further harm. House Standing Committee Report No. 421, Senate Standing Committee Report No. 897.