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--- version:HA 2 to SB 174+++ version:SA 1 to SB 174@@ -1,13 +1,44 @@-HD : LTK : DS-3491530087-Page 1 of 1 Released: 06/30/2025 02:30 PM-SPONSOR: Rep. Burns-HOUSE OF REPRESENTATIVES+SD : JH : CBK+0111530059+Page 1 of 2 Released: 06/12/2025 01:58 PM+SPONSOR: Sen. Poore+DELAWARE STATE SENATE153rd GENERAL ASSEMBLY-HOUSE AMENDMENT NO. 2+SENATE AMENDMENT NO. 1TOSENATE BILL NO. 174-1 AMEND Senate Bill No. 174 by deleting line 9 in its entirety and redesignating accordingly.+1 AMEND Senate Bill No. 174 after line 41 and before line 42 by inserting the following:+2 § 4133. Early removal.+3 (a) An individual who has been entered on the animal abuse offender list subject to a misdemeanor conviction may+4 file a petition for removal 2 years after the date of conviction.+5 (b) An individual who has been entered on the animal abuse offender list subject to a felony conviction may file a+6 petition for removal 7 years after the date of conviction.+7 (c) A petition for removal must be filed with the Court that entered the conviction of the individual.+8 (d) The petitioner shall cause a copy of the petition for removal filed under this section to be served upon the+9 Attorney General’s Office, who may file an answer to the petition within 30 days thereafter.+10 (e) The Court shall have the discretion to remove an individual from the animal abuse offender list. In making this+11 determination, the Court shall consider the following factors, including:+12 (1) The nature and circumstances of the original conviction.+13 (2) Any incidents of animal abuse or neglect while on the animal abuse offender list.+14 (3) The criminal history of the individual.+15 (4) Compliance with the terms of probation, if applicable.+16 (5) The risk, if any, the individual poses to animals.+17 (6) The rehabilitation, if any, of the individual, or successful completion of a program of evaluation and+18 treatment.+19 (7) The adverse impact of registration on the individual and the rehabilitative process, including the+20 impact on employment opportunities.+21 (f) An individual who obtains an expungement from the underlying conviction that placed them on the animal+22 abuse offender list must be automatically removed from the animal abuse offender list and the public website maintained by+23 the Office of Animal Welfare subject to § 4372(e) of Title 11.++SD : JH : CBK+0111530059+Page 2 of 2 Released: 06/12/2025 01:58 PMSYNOPSIS-This amendment removes "offenses against law-enforcement animals" from the list of offenses requiring an-individual to be placed on an animal abuse offender list.+This Amendment establishes a right of an individual convicted of an animal abuse offense to file a petition for+removal from the public list maintained by the Office of Animal Welfare on their website. An individual convicted of a+misdemeanor offense may petition after 2 years from the date of conviction and an individual convicted of a felony offense+may petition after 7 years from the date of conviction. The Amendment sets forth factors a Court must consider before+removal. Any individual who obtains an expungement of the underlying conviction must be removed from the animal abuse+offender list and the public website.+Author: Senator Poore
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