2016 -- S 2657

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LC004870

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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 Ruggerio, Lynch Prata, Sosnowski, Coyne, and Archambault

     Date Introduced: February 25, 2016

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 4-1-2 and 4-1-3 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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     4-1-2. Overwork, mistreatment, or failure to feed animals -- Shelter defined. -- (a)

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Whoever overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives

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of necessary sustenance, cruelly beats, mutilates or cruelly kills, or causes or procures to be so

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overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of

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necessary sustenance, cruelly beaten, mutilated or cruelly killed, any animal, and whoever,

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having the charge or custody of any animal, either as owner or otherwise, inflicts cruelty upon

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that animal, or willfully fails to provide that animal with proper food, drink, shelter or protection

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from the weather, shall, for each offense, be imprisoned not exceeding eleven (11) months, or be

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fined not less than fifty dollars ($50.00) nor exceeding five hundred dollars ($500), or both. If the

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offense described in this section results in the death of the animal, the person shall be punished in

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the manner provided in §4-1-5.

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      (b) Every owner, possessor, or person having charge of any animal may upon conviction

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of a violation of this section be ordered to forfeit all rights to ownership of the animal to the

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animal control officer of the city or town in which the offense occurred or to a humane society

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which owns and operates the shelter which provided the subject animal shelter subsequent to any

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confiscation of said animal pursuant to this section.

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      (c) Shelters means a structure used to house any animal which will provide sufficient

 

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protection from inclement elements for the health and well being of the animal.

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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 causes that animal to be carried, in or upon

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any vehicle or otherwise in a cruel or inhuman manner, or willfully, intentionally, maliciously,

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recklessly, and/or knowingly authorizes or permits that animal to be subjected to unnecessary

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torture, suffering or cruelty of any kind, or who places or causes to have placed on any animal

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any substance that may produce irritation or pain, or that is declared a hazardous substance by the

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U.S. food and drug administration or by the state department of health, shall be punished for each

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offense in the manner provided in § 4-1-2. If the offense described in this section results in the

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death of the animal, the person shall be punished in the manner provided in §4-1-5.

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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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     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 provide that when a person overworks, mistreats, or otherwise treats an

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animal cruelly, and this conduct results in the death of the animal, then that person would be

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subject to punishment in the manner provided in §4-1-5. For purposes of understanding this

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amendment, the text of §4-1-5 is set forth below:

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      (b) This section shall not apply to licensed hunters during hunting season or a licensed

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business killing animals for human consumption.

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     This act would take effect upon passage.

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