2014 -- S 2312 SUBSTITUTE A

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LC004410/SUB A

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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

     Introduced By: Senators Ruggerio, Sosnowski, Miller, Archambault, and Goldin

     Date Introduced: February 12, 2014

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

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

amended by adding thereto the following section:

     4-1-3.2. Animal confinement in motor vehicles prohibited. – (a) No owner or person

shall confine any animal in a motor vehicle that is done in a manner that places the animal in a

life threatening or extreme health threatening situation by exposing it to a prolonged period of

extreme heat or cold without proper ventilation or other protection from such heat or cold. In

order to protect the health and safety of an animal, an animal control officer, law enforcement

officer, or fire fighter who has probable cause to believe that this section is being violated shall

have the authority to enter such motor vehicle by any reasonable means necessary under the

circumstances after making a reasonable effort to locate the owner or other responsible person.

     (b) A law enforcement or animal control officer may take all steps that are reasonably

necessary to remove an animal from a motor vehicle if the animal's health, safety, or well-being

appears to be in immediate danger from heat, cold, or lack of adequate ventilation and the

conditions could reasonably be expected to cause extreme suffering or death.

     (c) Nothing in this section shall prevent a law enforcement officer or animal control

officer from removing an animal from a motor vehicle if the animal's safety appears to be in

immediate danger from heat, cold, lack of adequate ventilation, lack of food or water or other

circumstances that could reasonably be expected to cause suffering, disability, or death to the

animal. A law enforcement officer or animal control officer may enter the motor vehicle for the

sole purpose of rescue or release of the animal and may not search the vehicle unless otherwise

permitted by law.

     (d) A law enforcement or animal control officer who removes an animal in accordance

with this section shall, in a secure and conspicuous location on or within the motor vehicle, leave

written notice bearing the officer's or agent's name and office and the address of the location

where the animal may be retrieved. The owner may retrieve the animal only after payment of all

charges that have accrued for the maintenance, care, medical treatment, and impoundment of the

animal.

     (e) A law enforcement or animal control officer who removes an animal from a motor

vehicle pursuant to this section is immune from criminal or civil liability that might otherwise

result from the removal.

     (f) Any person who knowingly violates this section shall be punished by imprisonment

for a term not exceeding one year or by a fine of no more than one thousand dollars ($1,000), or

both.

     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 ANIMALS AND ANIMAL HUSBANDRY - CRUELTY

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     This act would specifically make it a misdemeanor to confine any animal in a motor

vehicle if it is done in a manner that places the animal in a life or extreme health threatening

situation.

     This act would take effect upon passage.

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