Georgia CommonsHB 75: Justice for Peanut and Fred Act; enact
Last action February 6, 2025 · House Withdrawn, Recommitted
A Georgia House bill named after two pets, Peanut and Fred, would require a judge's order before an impounded pet can be euthanized and would let owners sue local or state agencies for up to $5,000 if their pet dies, is lost, or is hurt due to careless care.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Introduced version, the latest LegiScan holds.
In plain language
Under current Georgia law, agencies that impound animals such as dogs or cats picked up as strays or seized in cruelty cases can decide on their own, based on a veterinarian's opinion, to euthanize an animal whose temperament or condition makes euthanasia seem like the only option. This bill changes that process for 'domesticated animals,' a new term it defines as pets like dogs, cats, birds, fish, and reptiles kept in or near an owner's household, not including livestock. The bill requires the government agency to notify the owner before euthanizing such an animal and gives the owner a chance to request a hearing within 10 business days (or 30 days if notice was published because the owner could not be found). A judge must then find that euthanasia is the only reasonable course of action before it can happen. The bill also creates a limited waiver of sovereign immunity, making state or local governments liable for up to $5,000 if their employees fail to use due care and an impounded pet dies, is lost, or is injured. The changes would take effect immediately upon the Governor's signature and apply to impoundments happening on or after that date.
What the bill does
- Defines 'domesticated animal' in Georgia's animal protection law (O.C.G.A. Section 4-11-2) as pets like dogs, cats, birds, fish, and reptiles kept near an owner's home, excluding livestock.
- Requires a government agency to get a judge's order before euthanizing an impounded domesticated animal whose owner has not given it up, except in certain cruelty or fighting case exceptions.
- Sets up a notice and hearing process: the agency must notify the owner of a vet's recommendation to euthanize, and the owner can request a hearing within 10 business days.
- Creates a limited waiver of sovereign immunity (the legal protection that normally shields governments from lawsuits) making state or local agencies liable for up to $5,000 if careless handling causes a pet's death, loss, or injury.
- Expands the list of code sections covered by impoundment care and lien rules to include animals seized under O.C.G.A. Section 4-8-24.
Who it affects
Pet owners whose animals are impounded by local or state agencies, county and municipal animal control offices, sheriffs and other law enforcement officers, government-employed veterinarians, and courts that would now handle euthanasia hearings for impounded pets.
Why it matters
Pet owners would gain a legal check before their animal can be euthanized while impounded, including notice and a chance to contest the decision in court. Agencies would also face financial consequences, up to $5,000, if negligence leads to a pet's death, loss, or injury while in their custody.
Key provisions
- Section 1 names the bill the 'Justice for Peanut and Fred Act.'
- Section 2 adds a definition of 'domesticated animal' to O.C.G.A. Section 4-11-2, covering common household pets but excluding livestock.
- Section 3 revises O.C.G.A. Section 4-11-9.3 to add a new subsection (e) creating agency liability of up to $5,000 for failing to exercise due care over an impounded domesticated animal, waiving sovereign immunity to that extent.
- Section 4 revises O.C.G.A. Section 4-11-9.6 to require a court order, after notice and an optional hearing, before a domesticated animal whose owner has not relinquished it may be euthanized.
- Section 4 sets hearing deadlines: owners have 10 business days to request a hearing after direct notice, or 30 days after published notice if the owner cannot be found.
- Section 4 requires the hearing officer to issue a decision within five business days and, if euthanasia is not warranted, recommend another form of disposal such as adoption or sale.
- Section 5 makes the Act effective immediately upon the Governor's signature and applies it to impoundments occurring on or after that date.
From the bill
“the government agency may humanely euthanize such domesticated animal only if a judge of any court of competent jurisdiction within this state finds, after notice and opportunity for hearing as provided by subsection (b) of this Code section, that such domesticated animal has a temperament or condition such that euthanasia is the only reasonable course of action and enters an order for the euthanasia of such domesticated animal.”
“Any government agency in custody of a domesticated animal impounded pursuant to this article or Code Section 4-8-24 shall be subject to liability for up to $5,000.00 for any failure of its officers or employees to exercise due care”
Status timeline
- House Withdrawn, Recommitted (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Jordan Ridley (R, HD-022)
- Jason Ridley (R, HD-006)
- Mitchell Horner (R, HD-003)
- Steve Tarvin (R, HD-002)
- Johnny Chastain (R, HD-007)
- Alan Powell (R, HD-033)
Topics
- animal welfare
- pet impoundment
- government liability
- euthanasia policy
- animal control