2014 -- S 2311 AS AMENDED

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LC004411

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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:

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

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

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

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Expenses. -- (a) An officer or agent of the Rhode Island sSociety for the pPrevention of cCruelty

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

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in the opinion of that officer or agent, is aged, maimed, disabled, lame, sick, diseased, injured,

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

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or his or her agents, and may provide suitable care.

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

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

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

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

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for that animal.

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

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cCruelty to aAnimals lawfully takes charge of any animal under this section, the expense of

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

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

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

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

 

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

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

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that animal has been sent and no payment received. all reasonable expenses for the care and

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

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by the owner, guardian, or his or her agent upon conviction, plea of guilty, or plea of nolo

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contendere. The society has the authority to commence a civil action for damages against the

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owner or his or her agent thirty (30) days after a written demand for payment of the expense of

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

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

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

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to agents of the Rhode Island sSociety for the pPrevention of cCruelty to aAnimals at the request

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

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

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

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environmental management, or any veterinarian employed by the department of environmental

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

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

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

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

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

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to issue warrants.

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

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

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agent from the Rhode Island sSociety for the pPrevention of cCruelty to aAnimals may also act in

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that capacity.

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      (d) The animal advocate shall make recommendations to any court before which the

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

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      (e) Any animal care facility licensed by the United States dDepartment of aAgriculture

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

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provisions of this section.

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

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environmental management, or any veterinarian employed by the department of environmental

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

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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

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

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guardian, or his or her agents, in violation of the provisions of chapter 1 of this title, the

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department may lawfully take charge of that animal(s) and shall have the authority to seize said

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animal(s). Any animal(s) so seized shall remain in the custody of the department during the

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pendency of any civil or criminal investigation and remain in the custody of the department until

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the adjudication of the matter. All reasonable expenses for the care and treatment of the

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

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

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The department has the authority to commence a civil action for damages against the owner,

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guardian, or his or her agent thirty (30) days after written demand for payment of the expenses of

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

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

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amended by adding thereto the following section:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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commence a civil action for damages against the owner or his or her agent thirty (30) days after

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written demand for payment of the expense of the suitable care of that animal has been sent and

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no payment received.

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     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

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

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

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

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neglected or abandoned animals.

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     This act would take effect upon passage.

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