2015 -- S 0411

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LC001541

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO ANIMALS -- CRUELTY TO ANIMALS

     

     Introduced By: Senators Jabour, Lombardi, Archambault, DiPalma, and McCaffrey

     Date Introduced: February 25, 2015

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 4-1-1, 4-1-3, 4-1-22 and 4-1-42 of the General Laws in Chapter 4-

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

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     4-1-1. Definitions -- Responsibility for agents and employees. -- (a) In this chapter and

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in §§ 4-4-9, 4-4-10, and 23-19-8:

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      (1) "Animal" and "animals" means every living creature except a human being;

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      (2) "Licensed graduate veterinarian" or "veterinarian" means a person licensed to engage

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in the practice of veterinary medicine, surgery, and dentistry in this state who is a graduate of an

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accredited veterinary medical, surgical, and dental school or college of a standard recognized by

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the Rhode Island veterinary medical association; and

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      (3) "Owner", "person", and "whoever" means corporations as well as individuals.

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      (4) "Guardian" shall mean a person(s) having the same rights and responsibilities of an

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owner, and both terms shall be used interchangeably. A guardian shall also mean a person who

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possesses, has title to or an interest in, harbors or has control, custody or possession of an animal

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and who is responsible for an animal's safety and well-being.

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      (5) Except for livestock as defined in subsection 4-26-3(7), "adequate living conditions"

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shall mean a sanitary environment which is dry and free of accumulated feces and free of debris

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and garbage that may clutter the environment, pose a danger or entangle the animal. The

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environment in which the animal is kept must be consistent with federal regulatory requirements,

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where applicable or generally recognized professional standards, where applicable, or otherwise

 

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be of sufficient size so as not to inhibit comfortable rest, normal posture or range of movement,

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and suitable to maintain the animal in a good state of health. "Adequate living conditions" for

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livestock as defined in subsection 4-26-3(7) shall mean best management practices established,

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no later than July 1, 2014, by the Rhode Island livestock welfare and care standards advisory

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council.

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     (6) Except for livestock as defined in § 4-26-3(7), "Hoarding" shall mean the

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accumulation of a large number of animals, to a point where the owner, possessor or person

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having the charge or custody of the aforementioned animals fails to or is unable to provide

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"adequate living conditions", as defined herein, provided adequate food, water and sustenance, or

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necessary veterinary care and who keeps said animals in an overcrowded environment resulting

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in a negative impact on the health and well-being of the animals and/or the owner of said animals.

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      (b) The knowledge and acts of agents of and persons employed by corporations in regard

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to animals transported, owned or employed by or in the custody of that corporation are held to be

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the acts and knowledge of that corporation.

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     4-1-3. Unnecessary cruelty. -- (a) Every owner, possessor, or person having the charge

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or custody of any animal, who cruelly drives or works that animal when unfit for labor, or cruelly

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abandons that animal, or who carries that animal or who fails to provide that animal with

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adequate living conditions as defined in § 4-1-1, or who hoards animals as defined in § 4-1-1, or

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causes that animal to be carried, in or upon any vehicle or otherwise in a cruel or inhuman

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manner, or willfully, intentionally, maliciously, recklessly, and/or knowingly authorizes or

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permits that animal to be subjected to unnecessary torture, suffering or cruelty of any kind, or

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who places or causes to have placed on any animal any substance that may produce irritation or

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pain, or that is declared a hazardous substance by the U.S. food and drug administration or by the

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state department of health, shall be punished for each offense in the manner provided in § 4-1-2.

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      (b) The substances proscribed by subsection (a) do not include any drug having curative

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and therapeutic effect for disease in animals and which is prepared and intended for veterinary

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use.

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      (c) University, college or hospital research facilities licensed and/or inspected by the

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U.S. Department of Agriculture or the U.S. Public Health Service of the department of health and

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human services shall be exempt from the provisions of subsection (a) provided that they are in

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good standing with the federal agency responsible for licensing or assurance of the facility.

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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 Society for the Prevention of Cruelty to

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Animals may lawfully take charge of any animal found abandoned or neglected or hoarded as

 

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defined in § 4-1-1 or; that in the opinion of that officer or agent, is aged, maimed, disabled, lame,

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sick, diseased, injured, unfit for the labor it is performing, or otherwise cruelly treated, and shall

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give notice to the owner, if known, 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, hoarding as defined in § 4-1-1 or otherwise cruel treatment of any animal

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taken charge of by the Rhode Island Society for the Prevention of Cruelty to Animals under this

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section, forfeits the rights to ownership or control of that animal to the Society for disposition in

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any manner deemed suitable for that animal.

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      (c) Whenever any officer or agent of the Rhode Island Society for the Prevention of

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Cruelty to Animals lawfully takes charge of any animal under this section, all reasonable

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

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this time, shall be paid for by the owner, guardian, or his or her agent upon conviction, plea of

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guilty, or plea of nolo contendere. The Society has the authority to commence a civil action for

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

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

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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 hoarded as defined in § 4-1-1, or that, in the opinion of

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the department, is aged, maimed, disabled, lame, sick, diseased, injured, unfit for the labor it is

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performing, or otherwise cruelly treated, and shall give notice to the owner, if known, or his or

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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, hoarding as defined in §4-1-1, or otherwise cruel

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treatment of any animal taken charge of by the department under this section, forfeits the right to

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

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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 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 -- CRUELTY TO ANIMALS

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     This act adds hoarding of animals to the list of cruelty to animal offenses.

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     This act would take effect upon passage.

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