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under the federal Animal Welfare Act (7
U.S.C. 2131 et seq.).
(8) Destruction of a vertebrate defined as
a pest under IC 15-16-5-24.
(9) Destruction of or injury to a fish.
(10) Destruction of a vertebrate animal
that is:
(A) endangering, harassing, or threat-
ening livestock or a domestic animal;
or
(B) destroying or damaging a per-
son’s property.
(11)Destruction of an animal by an animal
control program, including an animal con-
trol facility, an animal shelter, or a humane
society.
(12)Destruction of an injured or ill animal
by an individual to prevent the animal
from prolonged suffering.
(13)Conduct not resulting in serious injury
or illness to the animal that is incidental to
exhibiting an animal for show, competition,
or display, or that is incidental to trans-
porting the animal for show, competition,
or display.
(14)Parking an animal.
(15)Humane destruction of an animal that
the person owns.
(b) Section 1 of this chapter applies to conduct
described in subsection (a).
(c) Destruction of an animal by electrocution
is authorized under this section only if it is con-
ducted by a person who is engaged in an accept-
able farm management practice, by a research
facility registered with the United States
Department of Agriculture under the Animal
Welfare Act, or for the animal disease diagnostic
laboratory established under IC 21-46-3-1, a
research facility licensed by the United States
Department of Agriculture, a college, or a uni-
versity.
35-46-3-6. Custody, care of animal; bond.
(a) This section does not apply to a violation
of section 1 of this chapter.
(b) Any law enforcement officer or any other
person having authority to impound animals who
has probable cause to believe there has been a vio-
lation of this chapter or IC 15-20-1-4 may take cus-
tody of the animal involved.
(c) The owner of an animal that has been
impounded under this section may prevent dis-
position of the animal by an animal shelter that is
caring for the animal by posting, not later than ten
(10) days after the animal has been impounded, a
bond with the court in an amount sufficient to pro-
vide for the animal’s care and keeping for at least
thirty (30) days, beginning from the date the ani-
mal was impounded. The owner may renew a
bond by posting a new bond, in an amount suffi-
cient to provide for the animal’s care and keeping
for at least an additional thirty (30) days, not later
than ten (10) days after the expiration of the period
for which a previous bond was posted. If a bond
expires and is not renewed, the animal shelter
may determine disposition of the animal, subject
to court order. If the owner of an animal
impounded under this section is convicted of an
offense under this chapter or IC 15-20-1-4, the
owner shall reimburse the animal shelter for the
expense of the animal’s care and keeping. If the
owner has paid a bond under this subsection, the
animal shelter may euthanize an animal if a vet-
erinarian determines that the animal is suffering
extreme pain.
(d) If the owner requests, the court having
jurisdiction of criminal charges filed under this
chapter or IC 15-20-1 shall hold a hearing to
determine whether probable cause exists to believe
that a violation of this chapter or IC 15-20-1 has
occurred. If the court determines that probable
cause does not exist, the court shall order the ani-
mal returned to its owner, and the return of any
bond posted by its owner.
(e) Whenever charges are filed under this
chapter, the court shall appoint the state veteri-
narian under IC 15-17-4-1 or the state veterinar-
ian’s designee to:
(1) investigate the condition of the animal
and the circumstances relating to the ani-
mal’s condition; and
(2) make a recommendation to the court
under subsection (f) regarding the confis-
cation of the animal.
(f) The state veterinarian or the state veteri-
narian’s designee who is appointed under sub-
section (e) shall do the following:
