---
title: HB 75. Justice for Peanut and Fred Act; enact
collection: bills
id: 2025-2026/hb75
cite_as: HB 75, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb75
md_url: https://georgiacommons.org/bills/2025-2026/hb75.md
text_url: https://georgiacommons.org/bills/2025-2026/hb75/text
source_url: https://www.legis.ga.gov/legislation/69407
date: 2025-02-06
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 179
omitted_url: https://georgiacommons.org/bills/2025-2026/hb75.md?full=1
bill_number: HB 75
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2025-01-16
last_action: House Withdrawn, Recommitted
sponsors:
- Jordan Ridley
- Jason Ridley
- Mitchell Horner
- Steve Tarvin
- Johnny Chastain
- Alan Powell
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB75/2025
upstream_id: 1926083
summaries_model: claude-sonnet-5
topic_tags:
- animal welfare
- pet impoundment
- government liability
- euthanasia policy
- animal control
---
# HB 75. Justice for Peanut and Fred Act; enact
## Text
House Bill 75
By: Representatives Ridley of the 22nd, Ridley of the 6th, Horner of the 3rd, Tarvin of the 2nd,
Chastain of the 7th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated,
relating to general provisions relative to animal protection, so as to revise certain provisions
relating to the impounding of domesticated animals by a government agency and the care of
such impounded domesticated animals; to require a court order prior to the euthanasia of any
impounded domesticated animal; to provide for state or local liability in cases of the death
of, loss of, or injury to an impounded domesticated animal under certain circumstances; to
provide for notice and hearings; to provide a definition; to provide for a short title; to provide
for an effective date and applicability; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Justice for Peanut and Fred Act."
SECTION 2.
Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to
general provisions relative to animal protection, is amended by adding a new paragraph to
Code Section 4-11-2, relating to definitions, to read as follows:
"(2.1) 'Domesticated animal' means a dog, cat, bird, fish, reptile, or other animal
customarily kept as a pet in this state and maintained in or near to the household of its
owner or an animal lawfully taken or possessed after procuring all licenses, stamps, tags,
or permits required under Title 27 and maintained in or near to the household of its
owner. Such term does not include livestock as defined in Code Section 4-3-2."
SECTION 3.
Said article is further amended by revising Code Section 4-11-9.3, relating to caring for an
impounded animal, as follows:
"4-11-9.3.
(a) It shall be the duty of any person impounding an animal under this article or Code
Section 4-8-24, 4-11-9.2, 16-12-4, or 16-12-37 to make reasonable and proper
arrangements to provide the impounded animal with humane care and adequate and
necessary veterinary services. Such arrangements may include, but shall not be limited to,
providing shelter and care for the animal at any state, federal, county, municipal, or
governmental facility or shelter; contracting with a private individual, partnership,
corporation, association, or other entity to provide humane care and adequate and necessary
veterinary services for a reasonable fee; or allowing a private individual, partnership,
corporation, association, or other entity to provide humane care and adequate and necessary
veterinary services as a volunteer and at no cost.
(b) Any person impounding an animal under this article or Code Section 4-8-24, 16-12-4,
or 16-12-37 or providing care for an impounded animal shall have a lien on such animal
for the reasonable costs of caring for such animal. Such lien may be foreclosed in any
court of competent jurisdiction to hear civil cases. Liens shall be foreclosed in magistrate
courts only when the amount of the lien does not exceed the jurisdictional limits
established by law for such courts.
(c) Any person impounding an animal under this article shall be authorized to return such
animal to its owner, upon payment by the owner of all costs of impoundment and care and
upon the entry of a consent order, unless such owner has been convicted of, pled guilty to,
or pled nolo contendere to animal cruelty or dog fighting under any local, state, or federal
law, regulation, or ordinance, or in a prior administrative or legal action in this state or any
other state, was found to have failed to provide humane care to an animal, committed
cruelty to animals, or committed an act prohibited under Code Section 16-12-37 in
violation of the laws of this state or of the United States or any of the several states. Such
consent order shall provide conditions relating to the care and treatment of such animal,
including, but not limited to, the following, that:
(1) Such animal shall be given humane care and adequate and necessary veterinary
services;
(2) Such animal shall not be subjected to cruelty; and
(3) The owner shall comply with this article.
(d)(1) The provisions of subsection (c) of this Code section shall not apply to an animal
that was an object or instrumentality of a crime. Any government agency impounding
an animal as a result of a violation of this article or Code Section 4-11-9.2, 16-12-4,
or 16-12-37 shall not return such animal to its owner.
(2) Any government agency having custody of an animal that was seized as an object or
instrumentality of a crime may, with the consent of the prosecuting attorney, apply to the
court having jurisdiction over the offense for an order authorizing such agency to dispose
of the animal prior to trial of the criminal case as provided by law.
(e) 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 in the execution of their official
duties under subsection (a) of this Code section that results in the death of, loss of, or any
injury to such domesticated animal. This subsection shall be a limited waiver of the
defense of sovereign immunity of a state or local government."
SECTION 4.
Said article is further amended by revising Code Section 4-11-9.6, relating to disposal of
impounded animal, as follows:
"4-11-9.6.
(a)(1) The government agency having custody of an animal impounded pursuant to this
article which is not returned to the owner as provided in Code Sections 4-11-9.3
and 4-11-9.5, or when ownership of the animal is relinquished by the owner for which
the owner has relinquished ownership, may dispose of the animal through sale by any
commercially feasible means, at a public auction or by sealed bids, adoption, or, if in the
opinion of a licensed accredited veterinarian or a veterinarian employed by a state or
federal government and approved by the Commissioner such animal has a temperament
or condition such that euthanasia is the only reasonable course of action, by humanely
disposing of euthanizing the animal, subject to paragraph (2) of this subsection.
(2) Except as otherwise provided in Code Sections 4-8-25, 4-8-26, and 4-8-30, in cases
involving an impounded domesticated animal for which the owner has not relinquished
ownership, 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.
(b)(1) It shall be the duty of the government agency to immediately notify the owner of
any veterinarian opinion to euthanize a domesticated animal as provided in paragraph (1)
of subsection (a) of this Code section. Such notice shall include a summary of the
veterinarian's findings and a statement of the time limits for the owner to respond and
request a hearing as provided in paragraph (2) of this subsection. Such notice shall be
provided by personal service or by registered mail, certified mail, or statutory overnight
delivery sent to the last known address of the owner. If the owner of the domesticated
animal is unknown or cannot be found, service of the notice of euthanasia on such owner
shall be made by posting the notice in a conspicuous place at the location where the
domesticated animal was impounded and by publishing a notice once in a newspaper of
general circulation in the county where the domesticated animal was impounded.
(2) An owner may request, in writing, a hearing within ten business days of the date the
notice of euthanasia was served, or, if the owner could not be served, such owner may
request, in writing, a hearing within 30 days of the date of publication of the notice of
euthanasia. Such request for hearing shall be served upon the government agency having
custody of the domesticated animal. If no hearing is requested within the time limits
specified in this paragraph, such domesticated animal may be humanely euthanized in
accordance with paragraph (2) of subsection (a) of this Code section.
(3) The scope of the hearing shall be limited to whether euthanasia of the domesticated
animal is the only reasonable course of action.
(4) The hearing shall be conducted in accordance with the hearing procedures set forth
in subsection (b) of Code Section 4-11-9.5.
(5) Within five business days after such hearing, the hearing officer shall forward a copy
of the decision to the owner. If such decision is that euthanasia of the domesticated
animal is the only reasonable course of action, the hearing officer shall include a notice
of the date by which the euthanasia shall occur with a copy of the decision.
(6) If the hearing officer finds that euthanasia of the domesticated animal is not the only
reasonable course of action, the hearing officer shall recommend that the government
agency having custody of the domesticated animal dispose of such domesticated animal
in any manner provided for in paragraph (1) of subsection (a) of this Code section except
euthanasia.
(c)(1) Any proceeds from the sale of such an animal pursuant to paragraph (1) of
subsection (a) of this Code section shall be used first to pay the costs associated with the
impoundment, including, but not limited to, removal of the animal from the premises,
shelter and care of the animal, notice, hearing, and disposition of the animal. Any funds
remaining shall:
(1)(A) If the owner is unknown or cannot be found, be paid into the state treasury if the
animal was impounded by the Commissioner or his or her designated agent or into the
treasury of the local government if the animal was impounded by the sheriff, a deputy
sheriff, another law enforcement officer, or an animal control officer; or
(2)(B) If the owner is known, be paid to the owner.
(c)(2) The government agency responsible for conducting the sale shall keep a record of
all sales, disbursements, and distributions made under this article."
SECTION 5.
(a) This Act shall become effective upon its approval by the Governor or upon its becoming
law without such approval.
(b) This Act shall apply to any impounding of animals and related causes of action occurring
on or after the effective date of this Act.
SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
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.
### Plain-language summary
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 it 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.
## Status
- Status: Introduced (2025-01-16)
- Last action: House Withdrawn, Recommitted (2025-02-06)
- Sponsors: Jordan Ridley, Jason Ridley, Mitchell Horner, Steve Tarvin, Johnny Chastain, Alan Powell
- Official page: https://www.legis.ga.gov/legislation/69407
> The history, votes, and amendments (179 characters) are at https://georgiacommons.org/bills/2025-2026/hb75.md?full=1