2014 -- S 2311 AS AMENDED

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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: Senators Archambault, Lombardi, and Satchell

     Date Introduced: February 12, 2014

     Referred To: Senate Environment & Agriculture

     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 sSociety for the pPrevention of cCruelty

to aAnimals may lawfully take charge of any animal found abandoned or neglected or which that

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 or her 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

sSociety for the pPrevention of cCruelty to aAnimals under this section, forfeits the rights to

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

for that animal.

      (c) Whenever any officer or agent of the Rhode Island sSociety for the pPrevention of

cCruelty to aAnimals 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 sSociety for the pPrevention of cCruelty to aAnimals at the request

of the state police for the purpose of examining any animal which that 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 sSociety for the pPrevention of cCruelty to aAnimals 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 dDepartment of aAgriculture

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 1 of this title. 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 1 of this title, 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 that, 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, upon

conviction, a plea of guilty or plea nolo contendere. 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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