2017 -- H 5061

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LC000394

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO ANIMAL AND ANIMAL HUSBANDRY -- CRUELTY TO ANIMALS

     

     Introduced By: Representatives Keable, Williams, Serpa, Lima, and Solomon

     Date Introduced: January 11, 2017

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 4-1-31 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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     4-1-31. Assignment of state veterinarian.

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     (a) Examination of fighting animals. A licensed veterinarian from the department of

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environmental management, shall be made available to agents of the Rhode Island Society for the

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Prevention of Cruelty to Animals at the request of the state police for the purpose of examining

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any animal that those agents believe to have been involved in animal fighting in violation of ยงยง 4-

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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 Society for the Prevention of Cruelty to Animals may also act in that

 

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capacity.

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     (d) In any case, before any court, in which the custody or well-being of an animal is at

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issue, the court shall appoint an animal advocate to make recommendations regarding the welfare

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of the animal. 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 Department of Agriculture or

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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. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ANIMAL AND ANIMAL HUSBANDRY -- CRUELTY TO ANIMALS

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     This act would require a court of competent jurisdiction to order the appointment of an

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animal care advocate where animal cruelty is at issue.

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     This act would take effect upon passage.

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