TITLE 11. CRIMES AND CRIMINAL PROCEDURE. PART I. DELAWARE CRIMINAL CODE. CHAPTER 5. SPECIFIC OFFENSES. SUBCHAPTER VII. OFFENSES AGAINST PUBLIC HEALTH, ORDER AND DECENCY. SUBPART A. RIOT, DISORDERLY CONDUCT AND RELATED OFFENSES.
§ 1325 Cruelty to animals; class A misdemeanor; class F felony.
§ 1325A The unlawful trade in dog or cat by-products; class B misdemeanor; class A misdemeanor, penalties.
§ 1326 Animals; fighting and baiting prohibited; class E felony.
§ 1327. Maintaining a dangerous animal; class E felony; class F felony; class A misdemeanor
SUBCHAPTER II. OFFENSES AGAINST THE PERSON. SUBPART D. SEXUAL OFFENSES.
§ 775 . Bestiality (formerly § 777)
Title 16. Health and Safety. Part II. Regulatory Provisions Concerning Public Health. Chapter 30F. Animal Welfare. Subchapter I. Shelter Operation
§ 3001F. Definitions
§ 3002F. Shelter Care and Treatment
§ 3003F. Animal Adoption, Recovery, and Rehabilitation
§ 3004F. Euthanasia in Animal Shelters
§ 3005F. Proper Facilities Required
§ 3006F. Violation Constitutes Class a Misdemeanor; Civil Remedy; Jurisdiction of Superior Court
§ 3007F. Record Keeping and Reporting
§ 3008F. Enforcement
§ 3009F. Facilities; primary enclosures; sanitation and disease control
Title 16. Health and Safety. Part II. Regulatory Provisions Concerning Public Health. Chapter 30F. Animal Welfare. Subchapter III. Enforcement of Animal Welfare Laws
§ 3031F. Powers, duties, and functions of animal welfare officers of the Department of Health and Social Services and the Department of Agriculture
§ 3032F. Enforcement of laws for protection of animals
§ 3033F. Fines and penalties in certain cases; disposition
§ 3034F. Service of process
§ 3035F. Impoundment
§ 3036F. Reports of animal cruelty; immunity
CHAPTER 5. SPECIFIC OFFENSES. SUBCHAPTER VII. OFFENSES AGAINST PUBLIC HEALTH, ORDER AND DECENCY. SUBPART A. RIOT, DISORDERLY CONDUCT AND RELATED OFFENSES.
§ 1325 Cruelty to animals; class A misdemeanor; class F felony.
(a) For the purpose of this section, the following words and phrases shall include, but not be limited to, the meanings respectively ascribed to them as follows:
(1) “Abandonment” includes completely forsaking or deserting an animal originally under one's custody without making reasonable arrangements for custody of that animal to be assumed by another person.
(2) “Animal” shall not include fish, crustacea or molluska.
(3) “Cruel” includes every act or omission to act whereby unnecessary or unjustifiable physical pain or suffering is caused or permitted.
(4) “Cruel mistreatment” includes any treatment whereby unnecessary or unjustifiable physical pain or suffering is caused or permitted.
(5) “Cruel neglect” includes neglect of an animal, which is under the care and control of the neglector, whereby pain or suffering is caused to the animal or abandonment of any domesticated animal by its owner or custodian. By way of example, cruel neglect shall also include allowing an animal to live in unsanitary conditions, such as keeping an animal where the animal's own excrement is not removed from the animal's living area and/or other living conditions which are injurious to the animal's health.
(6) “Cruelty to animals” includes mistreatment of any animal or neglect of any animal under the care and control of the neglector, whereby unnecessary or unjustifiable physical pain or suffering is caused. By way of example, “cruelty to animals” includes the following: unjustifiable beating of an animal; overworking an animal; tormenting an animal; abandonment of an animal; tethering of any dog for 9 consecutive hours or more in any 24-hour period, except on any farm; tethering any dog for any amount of time if the dog is under 4 months of age or is a nursing mother while the offspring are present, except on any farm; and failure to feed properly or give proper shelter or veterinary care to an animal.
(7) “Custody” includes the responsibility for the welfare of an animal subject to one's care and control whether one owns it or not. A person who provides sterilization or care to a free-roaming cat that lacks discernible owner identification is not deemed to have “custody,” “care,” or “control” of the cat for purposes of this section.
(8) “Farm” means any place that meets the 2017 USDA Federal Census of Agriculture definition of farm: “any place from which $1,000 or more of agricultural products were produced and sold, or normally would have been sold, during the census year”.
(9) “Person” includes any individual, partnership, corporation or association living and/or doing business in the State.
(10) “Proper feed” includes providing each animal with daily food and water of sufficient quality and quantity to prevent unnecessary or unjustifiable physical pain or suffering by the animal.
(11) “Proper shelter” includes providing each animal with adequate shelter from the weather elements as required to prevent unnecessary or unjustifiable physical pain or suffering by the animal.
(12) “Proper veterinary care” includes providing each animal with veterinary care sufficient to prevent unnecessary or unjustifiable physical pain or suffering by the animal.
(13) “Serious injury” shall include any injury to any animal which creates a substantial risk of death, or which causes prolonged impairment of health or prolonged loss or impairment of the function of any bodily organ.
(14) “Tethering” shall include fastening or restraining with a rope, chain, cord, or similar device creating a fixed radius; tethering does not include walking a dog on a leash, regardless of the dog's age.
(b) A person is guilty of cruelty to animals when the person intentionally or recklessly:
(1) Subjects any animal to cruel mistreatment; or
(2) Subjects any animal in the person's custody to cruel neglect; or
(3) Kills or injures any animal belonging to another person without legal privilege or consent of the owner; or
(4) Cruelly or unnecessarily kills or injures any animal. This section does not apply to the killing of any animal normally or commonly raised as food for human consumption, provided that such killing is not cruel. A person acts unnecessarily if the act is not required to terminate an animal's suffering, to protect the life or property of the actor or another person or if other means of disposing of an animal exist which would not impair the health or well-being of that animal; or,
(5) Captures, detains, transports, removes or delivers any animal known to be a pet or owned or unowned companion animal, or any other animal of scientific, environmental, economic or cultural value, under false pretenses to any public or private animal shelter, veterinary clinic or other facility, or otherwise causes the same through acts of deception or misrepresentation of the circumstances and disposition of any such animal.
(6) Confines an animal unattended in a standing or parked motor vehicle in which the temperature is either so high or so low as to endanger the health or safety of the animal. A law-enforcement officer, animal welfare officer, or firefighter who has probable cause to believe that an animal is confined in a motor vehicle under conditions that are likely to cause suffering, injury, or death to the animal may use reasonable force to remove the animal left in the vehicle in violation of this provision. A person removing an animal under this section shall use reasonable means to contact the owner. If the person is unable to contact the owner, the person may take the animal to an animal shelter and must leave written notice bearing his or her name and office, and the address of the location where the animal can be claimed. This provision shall not apply to the legal transportation of horses, cattle, swine, sheep, poultry, or other agricultural animals in motor vehicles designed to transport such animals. The owner of the vehicle from which the animal is rescued and the owner of the animal rescued are not liable for injuries suffered by the person rescuing the animal.
Paragraphs (b)(1), (2) and (4) of this section are inapplicable to accepted veterinary practices and activities carried on for scientific research.
Cruelty to animals is a class A misdemeanor, unless the person intentionally kills or causes serious injury to any animal in violation of paragraph (b)(4) of this section or unless the animal is killed or seriously injured as a result of any action prohibited by paragraph (b)(5) of this section, in which case it is a class F felony.
(c) Any person convicted of a misdemeanor violation of this section shall be prohibited from owning or possessing any animal for 5 years after said conviction, except for animals grown, raised or produced within the State for resale, or for sale of a product thereof, where the person has all necessary licenses for such sale or resale, and receives at least 25 percent of the person's annual gross income from such sale or resale. Any person convicted of a second or subsequent misdemeanor violation of this section shall be prohibited from owning or possessing any animal for 5 years after said conviction without exception.
A violation of this subsection is subject to a fine in the amount of $1,000 in any court of competent jurisdiction and to forfeiture of any animal illegally owned in accordance with the provisions of § 3035F of Title 16.
(d) Any person convicted of a felony violation of this section shall be prohibited from owning or possessing any animal for 15 years after said conviction, except for animals grown, raised or produced within the State for resale, or for sale of a product thereof, where the person has all necessary licenses for such sale or resale, and receives at least 25 percent of the person's annual gross income from such sale or resale. Any person convicted of a second or subsequent felony violation of this section shall be prohibited from owning or possessing any animal for 15 years after said conviction without exception.
A violation of this subsection is subject to a fine in the amount of $5,000 in any court of competent jurisdiction and to forfeiture of any animal illegally owned in accordance with the provisions of § 3035F of Title 16.
(e) Any trained and certified animal welfare officer of the Department of Health and Social Service's Office of Animal Welfare or the Department of Agriculture may impound an animal owned or possessed in apparent violation of this section, consistent with § 3035F of Title 16.
(f) This section shall not apply to the lawful hunting or trapping of animals as provided by law.
(g) Notwithstanding any provision to the contrary, for a first offense misdemeanor violation of this section relating to animals left in motor vehicles or the tethering of dogs, a warning shall be issued.
(h) Exclusive jurisdiction of offenses under this section relating to animals left in motor vehicles or the tethering of dogs shall be in the Superior Court.
Credits
58 Laws 1972, ch. 497, § 1. Amended by 62 Laws 1979, ch. 71, §§ 1, 2; 63 Laws 1982, ch. 260, § 1; 64 Laws 1983, ch. 196, §§ 1-3; 67 Laws 1989, ch. 130, § 8; 69 Laws 1994, ch. 280, §§ 1, 2; 70 Laws 1995, ch. 60, § 1, eff. June 12, 1995; 70 Laws 1995, ch. 186, § 1, eff. July 19, 1995; 72 Laws 1999, ch. 75, § 1, eff. June 28, 1999; 73 Laws 2001, ch. 182, §§ 1, 2, eff. July 12, 2001; 73 Laws 2002, ch. 238, §§ 1, 2, eff. March 27, 2002; 78 Laws 2012, ch. 390, §§ 1, 2, eff. Aug. 3, 2012; 80 Laws 2015, ch. 156, §§ 1, 2, eff. Aug. 11, 2015; 80 Laws 2016, ch. 200, § 3, eff. Feb. 3, 2016; 80 Laws 2016, ch. 248, § 2, eff. May 25, 2016; 81 Laws 2018, ch. 450, § 1, eff. Oct. 1, 2018; 82 Laws 2020, ch. 238, § 3, eff. March 11, 2020; 83 Laws 2021, ch. 158, § 1, eff. Sept. 15, 2021.
§ 1325A The unlawful trade in dog or cat by-products; class B misdemeanor; class A misdemeanor, penalties.
(a)(1) A person is guilty of the unlawful trade in dog or cat by-products in the 2nd degree if the person knowingly or recklessly sells, barters or offers for sale or barter, the fur or hair of a domestic dog or cat or any product made in whole or in part from the fur or hair of a domestic dog or cat.
(2) This subsection shall not apply to the sale or barter, or offering for sale or barter, of the fur or hair of a domestic dog or cat which has been cut at a commercial grooming establishment, or at a veterinary office or clinic, or for scientific research purposes.
(3) The unlawful trade in dog or cat by-products in the 2nd degree is a class B misdemeanor.
(b)(1) A person is guilty of the unlawful trade in dog or cat by-products in the 1st degree if the person knowingly or recklessly sells, barters or offers for sale or barter, the flesh of a domestic dog or cat or any product made in whole or in part from the flesh of a domestic dog or cat.
(2) The unlawful trade in dog or cat by-products in the first degree is a class A misdemeanor.
(c) In addition to any other penalty provided by law, any person convicted of a violation of this section shall be:
(1) Prohibited from owning or possessing any domestic dog or cat for 15 years after said conviction, except for those grown, raised or produced within the State for resale, where the person has all necessary licenses for such sale or resale, and receives at least 25 percent of the person's annual gross income from such sale or resale;
(2) Subject to a fine in the amount of $2,500 in any court of competent jurisdiction; and
(3) Required to forfeit any domestic dog or cat illegally owned in accordance with the provisions of Chapter 79 of Title 3.
(d) For the purposes of this section, the term “domestic dog or cat” means a dog (Canis familiaris) or cat (Felis catus or Felis domesticus) that is generally recognized in the United States as being a household pet and shall not include coyote, fox, lynx, bobcat or any other wild or commercially raised canine or feline species the fur or hair of which is recognized for use in warm clothing and outer wear by the United States Department of Agriculture and which species is not recognized as an endangered or threatened species by the United States Fish and Wild Life Service or the Delaware Department of Natural Resources and Environmental Control.
CREDIT(S)
72 Laws 2000, ch. 391, § 1, eff. June 30, 2000.
§ 1326 Animals; fighting and baiting prohibited; class E felony.
(a) A person who owns, possesses, keeps, trains, or uses a bull, bear, dog, cock, or other animal or fowl for the purpose of fighting or baiting; or a person who is a party to or who causes the fighting or baiting of a bull, bear, dog, cock, or other animal or fowl; or a person who rents or otherwise obtains the use of a building, shed, room, yard, ground, or premises for the purpose of fighting or baiting an animal or fowl; or a person who knowingly suffers or permits the use of a building, shed, room, yard, ground, or premises belonging to the person, or that is under the person's control, for any of the purposes described in this section; or a person who knowingly possesses, owns, buys, sells, transfers, or manufactures animal fighting paraphernalia with the intent to engage in or otherwise promote or facilitate such fighting, is guilty of a class E felony.
(b) A person who is present at a building, shed, room, yard, ground, or premises where preparations are being made for an exhibition prohibited by subsection (a) of this section, and who knows that the exhibition is taking place or is about to take place, is guilty of a class F felony.
(c) A person who gambles on the outcome of an exhibition prohibited by subsection (a) of this section is guilty of a class F felony.
(d) All animals, equipment, devices, and money involved in a violation of this section must be forfeited to the State. Animals so forfeited must be evaluated by a duly incorporated society for the prevention of cruelty to animals, an authorized state agency, or a duly incorporated humane society in charge of animals for eligibility for adoption. After evaluation, animals may also be transferred to a rescue organization. Animals forfeited may be adopted to individuals other than the convicted person or person dwelling in the same household, who conspired, aided or abetted in the unlawful act which was the basis of the conviction, or who knew or should have known of the unlawful act, or humanely disposed of according to the provisions of subchapter I of Chapter 30F of Title 16.
(e) Prosecution for any offense under this section may not be commenced after 5 years from the commission of the offense.
(f) A person convicted of a violation of this section is prohibited from owning or possessing any animal or fowl for 15 years after conviction.
(g) A fine issued as a result of a violation of this section may not be suspended.
(h) In addition to the penalties provided under this section, the court may require a person convicted of violating this section to attend and participate in an appropriate treatment program or to obtain appropriate psychiatric or psychological counseling, or both. The court may impose the costs of any treatment program or counseling upon the person convicted.
(i) “Animal fighting paraphernalia” means equipment, products, implements, and materials of any kind that are used, intended for use, or designed for use in the training, preparation, conditioning, or furtherance of animal fighting, and includes, but is not limited to, the following: breaking sticks, cat mills, treadmills, slat mills, isolation huts, fighting pits, spring poles, unprescribed anabolic steroids, unprescribed anti-inflammatory steroids, unprescribed antibiotics, treatment supplies or gaffs, slashers, heels, or any other sharp implement designed to be attached in place of the natural spur of a cock or game fowl. In determining whether an object is animal fighting paraphernalia, the court may consider:
(1) Any prior convictions under federal or state law relating to animal fighting.
(2) The proximity of the object in time and space to the direct violation of this section.
(3) Direct or circumstantial evidence of the intent of the accused to deliver the object to persons whom he or she knows or should reasonably know intends to use the object to facilitate a violation of this section.
(4) Oral or written instructions provided with or in the vicinity of the object concerning its use.
(5) Descriptive materials accompanying the object which explain or depict its use.
(6) All other relevant factors.
Credits
66 Laws 1988, ch. 369, § 2. Amended by 67 Laws 1989, ch. 130, § 8; 67 Laws 1990, ch. 350, §§ 34, 35; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 72 Laws 2000 (2nd Sp. Sess.), ch. 417, § 1, eff. July 13, 2000; 73 Laws 2002, ch. 238, §§ 3-5, eff. March 27, 2002; 73 Laws 2002, ch. 411, § 1, eff. July 10, 2002; 76 Laws 2008, ch. 259, §§ 1-3, eff. June 26, 2008; 77 Laws 2010, ch. 264, § 1, eff. May 18, 2010; 79 Laws 2014, ch. 374, § 3, eff. July 31, 2014; 79 Laws 2014, ch. 377, § 1, eff. July 31, 2014; 84 Laws 2024, ch. 394, § 1, eff. Aug. 29, 2024.
§ 1327. Maintaining a dangerous animal; class E felony; class F felony; class A misdemeanor
(a) A person is guilty of maintaining a dangerous animal when such person knowingly or recklessly owns, controls or has custody over any dangerous animal which causes death, serious physical injury or physical injury to another person or which causes death or serious injury to another animal.
(b) For the purposes of this section, “dangerous animal” means any dog or other animal which:
(1) Had been declared dangerous or potentially dangerous by the Justice of the Peace Court or by voluntary acceptance of the dog owner under subchapter V of Chapter 30F of Title 16;
(2) Had been trained for animal fighting, or that has been used primarily or occasionally for animal fighting;
(3) Had been intentionally trained so as to increase its viciousness, dangerousness or potential for unprovoked attacks upon human beings or other animals; or
(4) Has an individualized and known propensity, tendency or disposition, specific to the individual dog, for viciousness, dangerousness or unprovoked attacks upon human beings or other animals.
(c) No dog shall be considered dangerous or potentially dangerous solely because of the dog's breed or perceived breed.
(d) Maintaining a dangerous animal shall be punished as follows:
(1) When a dangerous animal causes the death of a person, maintaining a dangerous animal is a class E felony;
(2) When a dangerous animal causes serious physical injury to a person, maintaining a dangerous animal is a class F felony;
(3) When a dangerous animal causes physical injury to a person or when a dangerous animal causes death or physical injury to another animal, maintaining a dangerous animal is a class A misdemeanor.
(e) This section shall not apply to any dog or other animal trained or owned or used by any law-enforcement agency or any person, company, agency or entity licensed pursuant to Chapter 13 of Title 24.
(f) In any prosecution under this section it shall be an affirmative defense that at the time of the attack during which physical injury, serious physical injury or death was inflicted upon a person:
(1) The victim of the attack was in the course of committing criminal trespass or any violent felony as set forth in this title or was attempting to commit criminal trespass or said violent felony;
(2) The victim had provoked the attack by committing cruelty to animals as defined in § 1325 of this title upon said dangerous animal or by inflicting physical injury upon said dangerous animal; or
(3) The owner or custodian of the dangerous animal was in full compliance with the applicable provisions of subchapter III of Chapter 17 of Title 7, including the requirements pertaining to confinement, restraint and muzzling.
(g) In any prosecution under this section it shall be an affirmative defense that at the time of the attack during which physical injury or death was inflicted upon an animal:
(1) The animal which was injured or killed had entered onto the real property of the owner or custodian of the dangerous animal without permission;
(2) The animal which was injured or killed had provoked the attack by menacing, biting or attacking the dangerous animal or its owner or custodian; or
(3) The owner or custodian of the dangerous animal was in full compliance with the applicable provisions of subchapter V of Chapter 30F of Title 16, including the requirements pertaining to confinement, restraint and muzzling.
Credits
73 Laws 2002, ch. 411, § 2, eff. July 10, 2002. Amended by 81 Laws 2017, ch. 31, § 1, eff. June 2, 2017; 81 Laws 2017, ch. 96, § 5, eff. July 21, 2017; 84 Laws 2024, ch. 390, § 1, eff. Aug. 29, 2024.
CHAPTER 5. SPECIFIC OFFENSES. SUBCHAPTER II. OFFENSES AGAINST THE PERSON. SUBPART D. SEXUAL OFFENSES.
§ 775. Bestiality ( formerly § 777 )
A person is guilty of bestiality when the person intentionally engages in any sexual act involving sexual contact, penetration or intercourse with the genitalia of an animal or intentionally causes another person to engage in any such sexual act with an animal for purposes of sexual gratification.
Bestiality is a class D felony.
CREDIT(S)
69 Laws 1993, ch. 91, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995. Redesignated from 11 Del.C. § 777 by 77 Laws 2010, ch. 318, § 6, eff. June 30, 2010.
Title 16. Health and Safety. Part II. Regulatory Provisions Concerning Public Health. Chapter 30F. Animal Welfare. Subchapter I. Shelter Operation
For purposes of this subchapter:
(1) “Animal shelter” means a public or private facility which includes a physical structure that provides temporary or permanent shelter to stray, abandoned, abused, or owner-surrendered animals and that is operated, owned, or maintained by a duly incorporated humane society, animal welfare society, or other nonprofit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals. “Animal shelter” shall not include individuals providing temporary foster care to animals in their home or to animal rescue groups sheltering animals on an individual's private property.
(2) “Business day” means each day the shelter is open to the public for reclamation and adoption.
(3) “Department” means the Department of Health and Social Services or its duly authorized representatives.
(4) “Ear-tip” means the removal of approximately a quarter-inch off the tip of a cat's left ear while the cat is anesthetized to help identify the cat as having been sterilized and vaccinated for rabies at the time of ear-tipping.
(5) “Free-roaming cat program” means a program in which visibly healthy cats admitted to a shelter, not placed for adoption, and lacking discernible owner identification, are sterilized, vaccinated against rabies, ear-tipped, and returned to a safe location where they were found or, if necessary, appropriately relocated. However, no free-roaming cat or feral cat shall be relocated to public lands managed for wildlife or outdoor recreation activities, including but not limited to lands owned or managed by the Department of Natural Resources and Environmental Control, the Delaware Department of Agriculture, the National Park Service or the U.S. Fish and Wildlife or to lands recognized to be located within coastal migratory bird flyways.
(6) “Intake” means the number of live animals for which an animal shelter assumes custody and are admitted for temporary shelter and care. Intake includes all animals admitted to the shelter, foster care, or a satellite location.
(7) “Isolation” means the physical separation and confinement of an animal or group of animals who are infected with a communicable disease from nonisolated animals to prevent or limit the transmission of the disease.
(8) “Licensed veterinarian” means a veterinarian licensed to practice veterinary medicine pursuant to Title 24.
(9) “Licensed veterinary technician” means an individual licensed as a veterinary technician pursuant to Title 24.
(10) “Quarantine” means the physical separation and confinement of an animal or group of animals who have or may have been exposed to a contagious disease and who do not show signs or symptoms of communicable disease from nonquarantined animals to prevent or limit the transmission of the disease.
(11) “Return to field” means a program whereby community cats that have been admitted to an animal shelter are returned to the place they were found after being processed as an intake, sterilized, ear-tipped, and vaccinated against rabies.
Credits
Added by 77 Laws 2010, ch. 418, § 2, eff. July 23, 2010. Redesignated from 3 Del.C. § 8001 and amended by 79 Laws 2014, ch. 377, § 1, eff. July 31, 2014. Amended by 81 Laws 2018, ch. 450, § 2, eff. Oct. 1, 2018; 84 Laws 2023, ch. 171, § 1, eff. Aug. 17, 2023.
§ 3002F. Shelter care and treatment
(a) Animal shelters shall be advised by a licensed veterinarian and shall adhere to a written veterinary care protocol developed with a licensed veterinarian, which protocol shall include appropriate evaluation and testing of newly impounded animals, disease control and prevention, and adequate veterinary care. In addition, animal shelters shall have a protocol for behavioral enrichment. The protocols shall be updated annually.
(b) Animal shelters shall vaccinate all dogs against canine distemper virus, canine parvovirus, and bordetella bronchiseptica and all cats against feline viral rhinotracheitis, calicivirus, and the panleukopenia virus before or upon entering the shelter or holding facility to reduce the spread of disease. Such vaccinations must be administered as soon as possible and no more than 8 hours after entering the shelter. For animals admitted overnight, such vaccines shall be given no later than noon. This provision shall not apply to animals in quarantine for rabies observation or to animals having injuries, illness or temperament that make administration of the vaccinations unsafe.
(c) Each animal entering an animal shelter shall be evaluated at intake to check for signs of infectious disease or an injury or illness requiring emergency medical care. A full examination shall be performed within 48 hours of entry and prior to adoption.
(d) Animal shelters shall ensure that animals requiring veterinary care are seen by a licensed veterinarian within a reasonable amount of time based on the condition of the animal, and that urgent medical care is provided as needed. Animal shelters shall comply with treatment plans developed by a licensed veterinarian for animals at the shelter requiring treatment. Animals in the shelter's custody for 1 year or more must receive a veterinary exam every 12 months.
(e) Animal shelters shall include a designated treatment area and isolation and/or quarantine areas. Animals having a severe communicable disease shall be moved to isolation to limit exposure to other animals and people. Animals that have been directly exposed to, but are not showing signs of, a high risk communicable disease shall be quarantined to monitor for signs of illness and prevent spread of disease.
(f) Prior to adoption or return to field, all dogs and cats of required age must be vaccinated against rabies or have a valid exemption from vaccination, pursuant to § 8204 of Title 3. Dogs and cats in quarantine for rabies or on dangerous dog hold shall be administered rabies vaccine prior to release from shelter, unless proof of current rabies vaccine is provided.
(g) Feeding. -- (1) Animals must be fed at least once each day except as otherwise required to provide adequate veterinary care. The food must be free from contamination and must be wholesome, palatable, and of sufficient quantity and nutritive value to meet the normal daily requirements for species, condition, age, and size of the animal.
(2) Fresh, clean water must be accessible at all times, unless directed by a veterinarian.
(3) Food and water bowls must be durable and shall be kept clean and sanitized.
(4) Food preparation and storage areas must be easily sanitized and maintained in clean condition.
(5) Supplies of food must be stored in a manner that protects the supplies from spoilage, contamination, and vermin infestation. All open bags of food must be stored in airtight containers with lids. Foods requiring refrigeration must be stored accordingly.
Credits
65 Laws 1985, ch. 136, § 1. Amended by 77 Laws 2010, ch. 418, § 2, eff. July 23, 2010 and Jan. 1, 2011. Redesignated from 3 Del.C. § 8002 by 79 Laws 2014, ch. 377, § 1, eff. July 31, 2014. Amended by 84 Laws 2023, ch. 171, § 1, eff. Aug. 17, 2023.
§ 3003F. Animal adoption, recovery, and rehabilitation
(a) Animal shelters shall be open to the public after normal business hours, including evenings and weekends, to increase access for the purpose of adoption.
(b) Animal shelters shall provide a minimum holding period of 3 business days for animals in their care, to allow reclamation by their owners. If an adoptable animal is not reclaimed, the animal may be transferred to another animal shelter or rescue for adoption, or adopted as a companion in a suitable home. The holding period required by this subsection shall not apply to owner-surrendered animals, other cases in which the owner of the animal is known, or to cats that are returned to field as part of a free-roaming cat program.
(c) Animal recovery. -- (1) Animal shelters shall take appropriate action to ensure that all animals brought to the shelter are checked for all currently acceptable methods of identification, including microchips, identification tags, tattoos, and licenses.
(2) Animal shelters shall maintain updated lists of animals reported lost, and attempt to match these lost reports with animals reported found and animals in the shelter, and shall also post all stray animals on the Internet with sufficient detail to allow them to be recognized and claimed by their owners.
(3) If a possible owner is identified, the animal shelter shall make every reasonable attempt to reunite the animal with its owner. Upon the owner's or caretaker's initiative of recovery procedures, the animal shelter shall retain custody of the animal for 5 business days to allow for completion of the recovery process. The owner or custodian of the animal may be held responsible for reasonable housing and boarding costs once the owner or custodian has been notified of the animal's location, provided that the owner or custodian has been advised of such costs prior to the costs being incurred.
(4) All animals adopted out must be microchipped.
(d) Animal shelters shall establish and maintain a registry of organizations willing to accept animals for the purpose of adoption, including breed specific rescues, or to provide the animals with long-term placements. The registry shall include the types and breeds of animals about which the organization wishes to be contacted. Animal shelters shall have the right to inspect the facilities of any adoption organization taking animals from the shelter.
(e) Animal shelters shall make best efforts to prioritize acceptance of animals from within the State of Delaware before accepting dog or cat intakes from outside of Delaware. Animals accepted from shelters outside the State of Delaware must have a current health certification.
Credits
Added by 77 Laws 2010, ch. 418, § 2, eff. July 23, 2010. Redesignated from 3 Del.C. § 8003 by 79 Laws 2014, ch. 377, § 1, eff. July 31, 2014. Amended by 81 Laws 2018, ch. 450, § 2, eff. Oct. 1, 2018; 84 Laws 2023, ch. 171, § 1, eff. Aug. 17, 2023.
§ 3004F. Euthanasia in animal shelters
(a) Any dog, cat or other animal held by or in the custody of an animal shelter and not adopted, transferred to another shelter or animal rescue group, placed into a free-roaming cat program, or reclaimed by the owner within 5 days may be euthanized, provided that no reasonable alternatives are available and the requirements of subsections (b) and (c) of this section are met.
(b) Animal shelters shall ensure that the following conditions are met before an animal is euthanized:
(1) The holding period for the animal required by this subchapter is expired;
(2) There are no empty cages, kennels, or other living environments in the shelter that are suitable for the animal;
(3) The animal cannot share a cage or kennel with appropriately-sized primary living space with another animal;
(4) A foster home is not available;
(5) Organizations on the registry developed pursuant to § 3003F(d) of this title are not willing to accept the animal;
(6) A visibly healthy cat whose source of origin can be identified and it can be returned to the field; and
(7) The animal care/control manager certifies that the above conditions are met and that such manager has no other reasonable alternative.
(c) Notwithstanding any other provisions of this chapter to the contrary, an animal may be euthanized immediately if necessary to alleviate undue suffering or to protect shelter staff and/or other sheltered animals from an animal's severe aggression or contagious deadly health condition. The determination of whether euthanasia is necessary pursuant to this subsection shall be made by a licensed veterinarian or, in cases of extreme emergency occurring after regular business hours in circumstances under which a licensed veterinarian is not available, by other appropriately trained staff.
(d) Euthanasia method and procedure.--
(1) The Department shall promulgate regulations regarding acceptable methods of euthanasia in animal shelters and regarding sanitation and ventilation of euthanasia areas. The methods included shall be approved or conditionally approved by the most recent American Veterinary Medical Association Guidelines on Euthanasia.
(2) Under no circumstances shall carbon monoxide or carbon dioxide be used as a method of euthanasia.
(3) Any animal shelter performing euthanasia shall have a current policy and procedure manual regarding euthanasia. The policy and procedure manual shall set forth the shelter's equipment, process, and the procedures for individual separation of animals.
(4) Notwithstanding the provisions of Chapter 33 of Title 24, euthanasia must be performed by:
a. A licensed veterinarian;
b. A nationally certified euthanasia technician; or
c. A licensed veterinary technician; or
d. A person certified by a licensed veterinarian, after passing both a written and practical examination, as proficient to perform euthanasia. Training and certification requirements shall be established by Department regulation in consultation with the Delaware Board of Veterinary Medicine.
(5) If euthanasia is by injection, animals in an animal shelter that are amenable to being controlled shall be lowered to the surface on which they are being held and shall not be permitted to drop or otherwise collapse without support.
(6) The trained staff member performing the euthanasia in animal shelters shall remain in attendance between the time procedures to euthanize the animal are commenced and the time death occurs, and shall verify death has occurred using methods to be determined by regulation.
(7) Sodium pentobarbital may be obtained by an animal shelter with required federal and state permits.
Credits
65 Laws 1985, ch. 136, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 77 Laws 2010, ch. 418, § 3, eff. July 23, 2010 and Jan. 1, 2011. Redesignated from 3 Del.C. § 8004 and amended by 79 Laws 2014, ch. 377, § 1, eff. July 31, 2014; 81 Laws 2018, ch. 450, § 2, eff. Oct. 1, 2018.
Codifications: 3 Del.C. 1974, § 8004
§ 3005F. Proper facilities required
Any municipality that does not have proper facilities and trained personnel shall transport in a humane manner any animals which are to be euthanized to the nearest private or public shelter or agency which has proper facilities and trained personnel or contract for euthanasia of such animals by a licensed veterinarian.
Credits
65 Laws 1985, ch. 136, § 1. Redesignated from 3 Del.C. § 8004 by 77 Laws 2010, ch. 418, § 3, eff. July 23, 2010; redesignated from 3 Del.C. § 8005 by 79 Laws 2014, ch. 377, § 1, eff. July 31, 2014.
Codifications: 3 Del.C. §§ 8004, 8005
§ 3006F. Violation constitutes class A misdemeanor; civil remedy; jurisdiction of Superior Court
(a) Failure by any person employed by, volunteering at or an agent of any private or public animal shelter to comply with § 3004F(d) of this title regarding euthanizing animals shall constitute a class A misdemeanor and shall be punishable as provided by law.
(b) Any person may maintain a civil action to enjoin the continuance of the violation of § 3004F(d) of this title. If the acts sought to be enjoined are determined by the courts to violate § 3004F(d) of this title, a permanent injunction against such acts shall be granted. The violation may also be abated by any public body or officer authorized to do so by law.
(c) The Superior Court shall have exclusive jurisdiction of misdemeanor offenses under this section.
Credits
65 Laws 1985, ch. 136, § 1. Redesignated from 3 Del.C. § 8005 by 77 Laws 2010, ch. 418, § 3, eff. July 23, 2010. Amended by 77 Laws 2010, ch. 418, §§ 4-6, eff. July 23, 2010. Redesignated from 3 Del.C. § 8006 by 79 Laws 2014, ch. 377, § 1, eff. July 31, 2014.
Codifications: 3 Del.C. §§ 8005, 8006
§ 3007F. Record keeping and reporting
Animal shelters shall maintain records regarding the following information:
(1) Intake and outcomes data by type for all animals.
(2) Number of animals at beginning and end of period.
(3) Number of spay/neuter surgeries performed for shelter and public animals.
(4) Records showing compliance with vaccination requirements.
(5) Records regarding medical treatment provided.
(6) Location and date of return for cats returned to field as part of a free-roaming cat program.
The information in paragraphs (1) through (3) of this section shall be posted to the shelter's website on a quarterly and annual basis in a format determined by the Department. The information in paragraphs (4) through (6) of this section shall be made available upon request by the Department.
Credits
Added by 77 Laws 2010, ch. 418, § 7, eff. July 23, 2010. Redesignated from 3 Del.C. § 8007 by 79 Laws 2014, ch. 377, § 1, eff. July 31, 2014. Amended by 81 Laws 2018, ch. 450, § 2, eff. Oct. 1, 2018; 84 Laws 2023, ch. 171, § 1, eff. Aug. 17, 2023.
(a) The Department shall adopt rules and regulations as may be necessary for the protection and care of companion animals in animal shelters, as defined in this subchapter.
(b) The Department will conduct at least annual inspection of every animal shelter.
(c) The Department or its duly authorized representative(s) shall have the power to enter at all reasonable times, during ordinary business hours, upon any private or public animal shelter for the purpose of determining whether or not there is compliance with or violations of this subchapter, rules, and regulations thereunder.
(d) Upon request of the Department, animal shelters shall make available records concerning the requirements of this subchapter.
(e) All findings will be documented in writing and a copy provided to the animal shelter within 30 days. Once provided to the animal shelter, the documentation will also be posted on the Department Web site. Deficiencies must be corrected within the timeframe established by the Department.
(f) The Department shall have the power to issue orders to correct deficiencies and to impose penalties pursuant to § 107(a) of this title.
(g) The animal shelter management has the right to appeal the results of the inspection. If the opinion of the animal shelter management is in conflict with the inspection, the animal shelter management may request a review of the inspection by the Department. The appeal will be made in writing and submitted within 30 days after publication of the findings. After receipt of the appeal, the Department will have 60 days to respond in writing.
(h) The Department shall conduct an investigation upon receipt of a complaint of alleged violations of this subchapter.
(1) Anyone desiring to file a complaint against any animal shelter shall file a written complaint with the Department. All complaints shall be reviewed and complaints concerning violations of this chapter will be investigated by the Department or its designee. The Department shall notify the animal shelter of the complaint within 30 days of receipt of said complaint. The Department shall be responsible for issuing a final written report of violations of this subchapter to the animal shelter. Once the final report is issued to the animal shelter, the report will also be posted to the Department Web site at the conclusion of the proceedings.
(2) The animal shelter management may, in writing to the Department, request a hearing if they wish to contest the findings of the investigation. The appeal will be made in writing and submitted within 30 days after publication of the findings. Within 30 days of receipt of the request for public hearing, the Department shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29, and the Freedom of Information Act, Chapter 100 of Title 29.
Credits
Added by 79 Laws 2014, ch. 377, § 1, eff. July 31, 2014.
§ 3009F. Facilities; primary enclosures; sanitation and disease control
(a) Facilities. --
(1) Surfaces used in all animal areas must be constructed and maintained so that they are substantially impervious to moisture and may be easily sanitized.
(2) Indoor housing facilities for animals must be sufficiently heated and cooled when necessary to protect the animals from temperature and humidity extremes, and to provide for their health and well-being. The ambient temperature in all areas where animals are present may not fall below 60° (15.6°C) or above 80°F (26.7°C) when animals are present.
(3) Indoor housing facilities must have ample lighting by natural or artificial means. Lighting in indoor housing facilities must be sufficient to allow observation of the physical condition of the animals, and to permit routine inspection and cleaning of the facility. Animals housed in these facilities must be provided a regular diurnal lighting cycle of either natural or artificial light. Primary enclosures must be placed to protect animals from excessive light or darkness.
(4) A suitable method must be provided for adequate drainage and to eliminate standing or excess water from indoor housing facilities.
(5) Provisions must be made for the daily removal and disposal of animal and food waste, bedding, and debris from the housing facility.
(6) Indoor housing facilities must be sufficiently ventilated to provide for the health and well-being of animals, and to minimize odors, drafts, ammonia levels, and moisture condensation. Ventilation may be provided by windows, vents, fans, or air conditioning.
(7) Premises where housing facilities are located, including building and grounds, must be kept clean, free of trash, and in good repair.
(b) Primary Enclosures. --
(1) Housing must be provided for all animals in the shelter's custody, appropriate to the species, size, and number of animals, to ensure their comfort, health, and well-being.
(2) Primary animal enclosures must be structurally sound and maintained in a safe working condition to properly confine animals, prevent injury, keep other animals out and enable animals to remain dry and clean. Enclosures must have no sharp edges, gaps or other defects that could cause injury or entrapment.
(3) A primary enclosure must provide sufficient space to allow each animal to:
a. Turnabout freely and easily stand, sit, stretch, and move their head without touching the top of the enclosure.
b. Lie in a resting position with limbs extended.
c. Move about and assume a comfortable posture for feeding, drinking, urinating, or defecating.
d. Sit, sleep, and eat away from areas where they defecate and urinate.
(4) The interior height of a primary enclosure must be at least 6 inches higher than the head of the animal in the enclosure when it is in a normal standing position.
(5) Dogs and cats may not be sheltered in a primary enclosure having only wire mesh bottoms or slatted floors in caging.
(6) Crates or travel kennels may be used as animal housing on a temporary or emergency basis only, and not as permanent primary enclosures.
(7) Cages may not be stacked upon each other in a manner that allows excrement to fall into cages below.
(8) Animals may not be tethered.
(9) At night, all dogs and cats must have access to clean, dry, bedding or a bed off the floor unless unsafe to do so.
(10) Identification cards must be visible outside enclosures and include name, ID, species, and color/description.
(11) Additional requirements for cats:
a. In all primary enclosures, a receptacle containing sufficient clean litter must be provided to contain excreta and body wastes;
b. Cats must be provided places to hide; and
c. Cats that are housed long term must have access to environments where they can scratch, climb and perch.
(c) Sanitation and disease control. --
(1) The shelter building, primary enclosures, and all other areas where animals are kept must be sanitary and regularly cleaned to reduce disease transmission among animals, protect public and human health, and increase animal comfort.
(2) Excreta must be removed as often as necessary to prevent contamination of animals and to control disease and odors.
(3) All primary enclosures, food bowls, and water bowls must be spot cleaned daily and fully cleaned and sanitized as necessary.
(4) All floors, junctions, walls, doors, and drains must be fully cleaned and sanitized after coming into contact with feces, urine, vomit, or an animal known or suspected of having an infectious disease.
(5) Only cleaners that are safe for animals may be used to clean primary enclosures, transport carriers, exercise areas, or any area of the shelter where animals are present or likely to be present.
(6) Animals must be removed from an enclosure when water or cleaning and disinfecting products are sprayed in or near that enclosure to ensure the animal will not be harmed, wetted, or distressed by the process.
(7) The shelter building and animal areas must be kept reasonably free of flies, fleas, mosquitoes, rats, mice, and other vectors or nuisance species. If necessary, an effective pest control program must be established and maintained.
Credits
Added by 84 Laws 2023, ch. 171, § 1, eff. Aug. 17, 2023.
Title 16. Health and Safety. Part II. Regulatory Provisions Concerning Public Health. Chapter 30F. Animal Welfare. Subchapter III. Enforcement of Animal Welfare Laws
§ 3031F. Powers, duties, and functions of animal welfare officers of the Department of Health and Social Services and the Department of Agriculture
(a) The Office of Animal Welfare within the Department of Health and Social Services shall enforce all animal cruelty laws in the State, except in cases of domestic agricultural animals specified in § 101(8) of Title 3, where the Department of Agriculture shall have primary enforcement authority. In cases of imminent danger, the Office of Animal Welfare and the Department of Agriculture shall have concurrent jurisdiction to seize and impound an animal and take any other necessary step to alleviate the imminent danger or preserve evidence.
(b) The Office of Animal Welfare within the Department of Health and Social Services shall enforce all dog control, dangerous dog and animal fighting laws, and laws concerning the maintenance of a dangerous animal in the State.
(c) The Office of Animal Welfare is a “law-enforcement agency” for purposes of § 8901B of Title 11 and any other purpose relating to communication and access to criminal justice information.
(d) Animal welfare officers of the Office of Animal Welfare or Department of Agriculture shall be trained and certified pursuant to § 122(3)bb. of this title.
(e) Animal welfare officers of the Office of Animal Welfare shall have the power to investigate, search, seize, detain and arrest when investigating and enforcing animal cruelty and fighting, dog control, or dangerous animal laws.
(f) The Department of Agriculture shall have the power to investigate, search, seize and issue criminal summons when investigating and enforcing animal cruelty laws.
(g) Animal welfare officers of the Office of Animal Welfare and the Department of Agriculture shall have no police powers to investigate or enforce laws other than those related to animal cruelty or fighting, dog control, or dangerous animal laws.
(h) Animal welfare officers of the Office of Animal Welfare or the Department of Agriculture shall not be permitted to carry firearms while on duty as such.
Credits
Added by 80 Laws 2016, ch. 200, § 2, eff. Feb. 3, 2016. Amended by 81 Laws 2017, ch. 96, § 1, eff. July 21, 2017.
§ 3032F. Enforcement of laws for protection of animals
The constables of the several counties of this State, and the police force of the City of Wilmington, as well as all other places in the State where police organizations exist, shall, as occasion requires, assist the Office of Animal Welfare and the Department of Agriculture in the enforcement of all laws which are enacted for the protection of animals.
Credits
Added by 80 Laws 2016, ch. 200, § 2, eff. Feb. 3, 2016. Amended by 81 Laws 2017, ch. 96, § 1, eff. July 21, 2017.
§ 3033F. Fines and penalties in certain cases; disposition
All fines, penalties and forfeitures, imposed and collected in any county of the State under every act relating to or affecting cruelty to animals, animal fighting, dog control, or dangerous animals, shall be remitted to the enforcing agency.
Credits
16 Laws 1881, ch. 382, § 3. Amended by 60 Laws 1975, ch. 209, §§ 3, 4; 70 Laws 1995, ch. 283, § 11. Redesignated from 3 Del.C. § 7903 and amended by 80 Laws 2016, ch. 200, § 2, eff. Feb. 3, 2016. Amended by 81 Laws 2017, ch. 96, § 1, eff. July 21, 2017.
Any warrant, subpoena, summons, or other process issued in relation to animal cruelty and fighting, dog control, or dangerous animal laws may be directed to and executed by any trained and certified animal welfare officer of the Office of Animal Welfare.
Credits
18 Laws 1887, ch. 246. Amended by 60 Laws 1975, ch. 209, §§ 5, 6; 70 Laws 1995, ch. 283, § 11; 77 Laws 2010, ch. 393, § 1. Redesignated from 3 Del.C. § 7904 and amended by 80 Laws 2016, ch. 200, § 2, eff. Feb. 3, 2016. Amended by 81 Laws 2017, ch. 96, § 1, eff. July 21, 2017.
(a) Any trained and certified animal welfare officer working for the Office of Animal Welfare or the Department of Agriculture, or any law-enforcement officer as defined in § 222 of Title 11, may, in instances of alleged acts of animal cruelty or animal fighting and as provided for by the laws of Delaware relating to seizure of property, impound in an appropriate shelter, animal rescue or, if required, in an appropriate veterinarian facility, any animal subjected to cruel mistreatment or cruel neglect. Should the owner or custodian of an animal not be available at or near the premises where the animal is located, upon taking an animal under this section the agent shall leave in an appropriate place written notice to the animal's owner or custodian of such action. The officer shall take all reasonable action to insure that owners or custodians of an animal, impounded under this section, shall have received notice of such action as soon as possible and no later than 24 hours after the impoundment.
(b) An animal impounded under this section shall not remain in the custody of the State longer than 48 hours and shall be returned to its owner or custodian unless a complaint is filed within the 48-hour period in the appropriate court under the animal cruelty laws against the owner or custodian, except that upon good cause shown a court may permit a reasonable extension of the 48-hour period not to exceed 30 days. When a complaint is filed in the appropriate court, the impounded animal shall remain in the custody of the State pending the outcome of the action. If the owner or custodian is found to be in violation of the animal cruelty laws the court shall make a final determination as to the disposition of the animal. Should the complaint be withdrawn, prior to a court hearing, the animal shall be immediately made available to its owner or custodian.
(c) Upon a determination that probable cause exists to believe that the animal cruelty or animal fighting laws have been violated by the owner or custodian of any impounded animal, the State or its agent shall have the right to recover the costs of holding and caring for any animal impounded under this section from the owner or custodian of the animal. Upon impoundment, the State shall submit a detailed billing to the owner or custodian of the animal, listing the monthly costs of boarding, evaluation, veterinary and other costs associated with care. Notwithstanding any provision of this section or any other law to the contrary, failure of the animal's owner or custodian to pay these costs within 15 days of delivery of a detailed monthly billing will result in ownership of the animal reverting to the State and the State may determine the final disposition of said animal. The provisions of this subsection shall be applicable notwithstanding the final disposition of the criminal charges.
(d) An owner or custodian of an animal impounded under this section who is found guilty of cruelty to the animal, and the court orders the animal returned to such owner or custodian, shall, prior to taking the animal, reimburse the State or its agent its regular standard fees charged for the care of animals while in the State's custody plus any veterinary fees incurred for the animal during the period of impoundment. Failure of the animal's owner or custodian to pay such fees within 5 days after a finding of guilty will result in ownership of the animal reverting to the State. The State may then dispose of the animal in accord with its procedures for such disposition.
(e) Should an animal which has been impounded under this section expire while in the custody of the State, the animal shall, as soon as possible, be turned over to the State Veterinarian at the Department of Agriculture. The State Veterinarian shall take whatever action necessary, including necropsy if required, to determine cause of the animal's death and shall record such cause. The cause of death shall, if requested, be furnished to the animal's owner and to the court handling the complaint relative to the animal. Disposition of the animal's remains shall be coordinated with the animal's owner and, provided a complaint has been filed, with the court handling the complaint.
Credits
63 Laws 1981, ch. 104, § 1. Amended by 70 Laws 1995, ch. 283, § 11; 73 Laws 2002, ch. 238, §§ 6-8; 79 Laws 2014, ch. 374, § 1. Redesignated from 3 Del.C. § 7905 and amended by 80 Laws 2016, ch. 200, § 2, eff. Feb. 3, 2016. Amended by 81 Laws 2017, ch. 96, § 1, eff. July 21, 2017; 84 Laws 2023, ch. 181, § 1, eff. Aug. 24, 2023.
Codifications: 3 Del.C. 1974, §§ 7904, 7905, 7907
§ 3036F. Reports of animal cruelty; immunity
(a) A person who reasonably suspects animal cruelty may report the suspected animal cruelty to the Office of Animal Welfare for investigation.
(b)(1) A person who in good faith participates in reporting suspected animal cruelty has immunity from any liability, civil or criminal, that might otherwise exist as a result of making the report.
(2) The immunity provided under this section extends to the person's participation in any judicial proceeding resulting from the good faith report of suspected animal cruelty.
Credits
Added by 84 Laws 2023, ch. 50, § 3, eff. June 27, 2023.