2016 -- S 2109

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LC003853

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- CRUELTY TO ANIMALS

     

     Introduced By: Senators Archambault, Coyne, Conley, Goldin, and Ciccone

     Date Introduced: January 21, 2016

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 4-1-3.2 of the General Laws in Chapter 4-1 entitled "Cruelty to

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Animals" is hereby amended to read as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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permitted by law.

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

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

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

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

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

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animal is currently being treated and/or held.

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     (e) A law enforcement or animal control officer may hold the animal for up to seventy-

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two (72) hours or until the date of the arraignment of a person charged with a violation of this

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section as provided in subsection (h) of this section if the officer reasonably believes the animal

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needs or requires any additional medical treatment and/or medical observation. The officer shall

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provide written notice to the owner of the animal that a hearing relating to temporary and/or

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permanent possession of the animal will be afforded at the arraignment.

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     (f) The district court shall, after hearing, determine if and when the owner may retrieve

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the animal and the amount the owner must pay for the maintenance, care, medical treatment, and

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impounding of the animal. The owner shall pay for all charges ordered by the court before taking

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possession of the animal. The court may also order that the owner permanently surrender physical

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possession and ownership of the animal.

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

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

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result from the removal.

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

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imprisonment for a term not exceeding one year or by a fine of no more than one thousand dollars

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($1,000), or both.

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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 AND ANIMAL HUSBANDRY -- CRUELTY TO ANIMALS

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     This act would authorize a law enforcement or animal control officer to hold an animal

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confined in a motor vehicle up to seventy-two (72) hours pending a district court hearing as to

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medical costs, fees, charges, and/or surrender of physical possession and ownership of the animal.

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     This act would take effect upon passage.

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LC003853

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