2014 -- H 7499

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LC003519

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO ANIMAL AND ANIMAL HUSBANDRY - CRUELTY TO ANIMALS

     Introduced By: Representatives Keable, Abney, Amore, Canario, and Ucci

     Date Introduced: February 13, 2014

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 4-1-31 of the General Laws in Chapter 4-1 entitled "Cruelty to

Animals" is hereby amended to read as follows:

     4-1-31. Assignment of state veterinarian. -- (a) Examination of fighting animals. - A

licensed veterinarian from the department of environmental management, shall be made available

to agents of the Rhode Island society for the prevention of cruelty to animals at the request of the

state police for the purpose of examining any animal which those agents believe to have been

involved in animal fighting in violation of section 4-1-2, 4-1-8, 4-1-9 or 4-1-11.

      (b) Right of entry where cruelty suspected. - The director of the department of

environmental management or any veterinarian employed by the department of environmental

management designated by the director for such purpose, having reason to suspect the existence

of cruelty to animals within the meaning of this chapter upon any grounds or premises, is hereby

authorized and empowered to enter upon those grounds or premises for enforcement of the

provisions of this chapter. For such inspections, the department shall, unless a search without a

warrant is otherwise allowed by law, seek a search warrant from an official of a court authorized

to issue warrants.

      (c) The director of the department of environmental management may shall designate a

department veterinarian or veterinarians to act as animal advocates. A general agent or special

agent from the Rhode Island society for the prevention of cruelty to animals may also act in that

capacity.

      (d) In any case, before any court, in which the custody or wellbeing of an animal is at

issue, the court shall appoint an animal advocate to make recommendations regarding the welfare

of the animal, The animal advocate shall make recommendations to any court before which the

custody or well-being of an animal is at issue.

      (e) Any animal care facility licensed by the United States department of agriculture or

holding a public health service (PHS) assurance of compliance shall be exempt from the

provisions of this section.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ANIMAL AND ANIMAL HUSBANDRY - CRUELTY TO ANIMALS

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     This act would require a court of competent jurisdiction to order the appointment of an

animal care advocate where animal cruelty is at issue.

     This act would take effect upon passage.

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