2014 -- H 7500

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LC004071

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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 ANIMALS AND ANIMAL HUSBANDRY - CRUELTY TO ANIMALS

     Introduced By: Representatives Shekarchi, Costantino, Ackerman, Serpa, and Costa

     Date Introduced: February 13, 2014

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 4-1-22 and 4-1-31 of the General Laws in Chapter 4-1 entitled

"Cruelty to Animals" are hereby amended to read as follows:

     4-1-22. Care of neglected animals by society -- Forfeiture of owner's rights --

Expenses. -- (a) An officer or agent of the Rhode Island society for the prevention of cruelty to

animals may lawfully take charge of any animal found abandoned or neglected or which in the

opinion of that officer or agent is aged, maimed, disabled, lame, sick, diseased, injured, unfit for

the labor it is performing, or cruelly treated, and shall give notice to the owner, if known, or his

agents, and may provide suitable care.

      (b) Every owner or agent, upon conviction, plea of guilty, or plea of nolo contendere, of

abandonment, neglect, or cruel treatment of any animal taken charge of by the Rhode Island

society for the prevention of cruelty to animals under this section, forfeits the rights to ownership

or control of that animal to the society for disposition in any manner deemed suitable for that

animal.

      (c) Whenever any officer or agent of the Rhode Island society for the prevention of

cruelty to animals lawfully takes charge of any animal under this section, the expense of suitable

care of that animal, upon conviction of the owner of that animal for a violation of any section of

this chapter, is charged against the owner or agent of the owner having custody of that animal at

the time the officer or agent of the Rhode Island society for the prevention of cruelty to animals

took charge of the animal. The Rhode Island society for the prevention of cruelty to animals has

the authority to commence a civil action for damages against the owner or his or her agent thirty

(30) days after a written demand for payment of the expense of the suitable care of that animal

has been sent and no payment received. all reasonable expenses for the care and treatment of the

animal(s), while in the custody of the society during this time, shall be paid for by the owner,

guardian, or his or her agent, upon conviction, plea of guilty, or plea of nolo contendere. The

society has the authority to commence a civil action for damages against the owner or his or her

agent thirty (30) days after a written demand for payment of the expense of the suitable care of

that animal has been sent and no payment has been received.

     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 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) 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.

     (f) Right to seize animals that are the subject of cruel treatment. The director of

environmental management or any veterinarian employed by the department of environmental

management ("department") shall have the authority to examine any animal that is suspected of

being cruelly treated, mistreated, or neglected by its owner, guardian, or his or her agents in

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violation of the provisions of chapter 4-1. Upon reasonable evidence to suggest that the subject

animal(s) has been cruelly treated, mistreated, or negligently treated by the owner, guardian, or

his or her agents, in violation of the provisions of chapter 4-1, the department may lawfully take

charge of that animal(s) and shall have the authority to seize said animal(s). Any animal(s) so

seized shall remain in the custody of the department during the pendency of any civil or criminal

investigation and remain in the custody of the department until the adjudication of the matter. All

reasonable expenses for the care and treatment of the animal(s), while in the custody of the

department during this time, shall be paid for by the owner, guardian, or his or her agent, upon

conviction, entry of a guilty plea, or a plea of nolo contendere. The department has the authority

to commence a civil action for damages against the owner, guardian, or his or her agent thirty

(30) days after written demand for payment of the expenses of the suitable care of that animal has

been sent and no payment received.

     SECTION 2. Chapter 4-1 of the General Laws entitled "Cruelty to Animals" is hereby

amended by adding thereto the following section:

     4-1-42. Care of neglected animals by Department - Forfeiture of owner's rights -

Expenses. – (a) The director of environmental management or any veterinarian employed by the

department of environmental management ("department") may lawfully take charge of any

animal found abandoned or neglected or which, in the opinion of the department is aged, maimed,

disabled, lame, sick, diseased, injured, unfit for the labor it is performing, or cruelly treated, and

shall give notice to the owner, if known, or his or her agents, and may provide suitable care.

     (b) Every owner, guardian or agent, upon conviction, entry of a guilty plea or plea of nolo

contendere, of abandonment, neglect or cruel treatment of any animal taken charge of by the

department under this section, forfeits the right to ownership or control of that animal to the

department for disposition in any manner deemed suitable for that animal.

     (c) Whenever the department lawfully takes charge of any animal under this section, all

reasonable expenses for the care and treatment of the animal(s), while in the custody of the

department during this time, shall be paid for by the owner, guardian, or his or her agent,

regardless of the disposition of the case. The department has the authority to commence a civil

action for damages against the owner or his or her agent thirty (30) days after written demand for

payment of the expense of the suitable care of that animal has been sent and no payment received.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY - CRUELTY TO ANIMALS

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     This act would require those who are convicted or who plead to the charge of cruelty to

animals to be financially responsible for the cost of care for those animals while they are in the

care of the Society for the Prevention of Cruelty to Animals. It would also allow the department

of environmental management or a veterinarian employed by the department to take charge of

neglected or abandoned animals.

     This act would take effect upon passage.

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LC004071

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