2017 -- H 5882 AS AMENDED

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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 ANIMALS AND ANIMAL HUSBANDRY -- CRUELTY TO ANIMALS

     

     Introduced By: Representatives Ackerman, Shekarchi, Lima, Serpa, and O'Brien

     Date Introduced: March 09, 2017

     Referred To: House Health, Education & Welfare

     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.

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     (a) In this chapter and 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) 4-26-3(6), "adequate living

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

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free of debris and garbage that may clutter the environment, pose a danger or entangle the animal.

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

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

 

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

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

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conditions" for livestock as defined in subsection 4-26-3(7) 4-26-3(6) shall mean best

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management practices established, no later than July 1, 2014, by the Rhode Island livestock

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welfare and care standards advisory council.

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     (6) Except for livestock as defined in §4-26-3, "hazardous accumulation of animals"

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

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

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"adequate living conditions" as defined, resulting in harm or danger to the health and wellbeing of

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the animals. (b) The knowledge and acts of agents of and persons employed by corporations in

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

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held to be the acts and knowledge of that corporation.

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     4-1-3. Unnecessary cruelty.

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     (a) Every owner, possessor, or person having the charge or custody of any animal, who

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cruelly drives or works that animal when unfit for labor, or cruelly abandons that animal, or who

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carries that animal or who fails to provide that animal with adequate living conditions as defined

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in § 4-1-1, or who engages in the hazardous accumulation of 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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If the offense described in this section results in the death of an animal, the person shall be

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punished in the manner in §4-1-5. Any owner, possessor, or person having the charge or custody

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of any animal who is found guilty of or pleads nolo contendere to a violation of this section and

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said violation involves the hazardous accumulation of animals, the court shall, in imposing a

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penalty under this section, take into account whether the defendant's conduct could be considered

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to be the result of a mental health disorder as defined in §27-38.2-2.

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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 that is prepared and intended for

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veterinary 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.

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     (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 hazardous

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accumulated as defined in §4-1-1, or that in the opinion of that officer or agent, is aged, maimed,

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disabled, lame, sick, diseased, injured, unfit for the labor it is performing, or cruelly treated, and

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shall 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, hazardous accumulation as defined in §4-1-1, or otherwise cruel treatment

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of any animal taken charge of by the Rhode Island Society for the Prevention of Cruelty to

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Animals under this section, forfeits the rights to ownership or control of that animal to the Society

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for disposition in 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.

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     (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 hazardously accumulated as defined in §4-1-1, or that, in

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the opinion of the department, is aged, maimed, disabled, lame, sick, diseased, injured, unfit for

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the labor it is performing, or 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, hazardous accumulation as defined in §4-1-1, or

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otherwise cruel treatment of any animal taken charge of by the department under this section,

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forfeits the right to ownership or control of that animal to the department for disposition in any

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manner deemed 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 AND ANIMAL HUSBANDRY -- CRUELTY TO ANIMALS

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     This act would add hoarding of animals to the list of cruelty to animal offenses, and

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would require a mental health evaluation for a person convicted of animal cruelty involving

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hoarding.

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     This act would take effect upon passage.

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