2017 -- S 0075

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LC000427

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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: Senators Archambault, Raptakis, Lombardi, McCaffrey, and Conley

     Date Introduced: January 18, 2017

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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

Animals" is hereby amended to read as follows:

     4-1-3.2. Animal confinement in motor vehicles prohibited.

     (a) No owner or person shall confine any animal in a motor vehicle that is done in a

manner that places the animal in a life-threatening or extreme health-threatening situation by

exposing it to a prolonged period of extreme heat or cold without proper ventilation or other

protection from such heat or cold. In order to protect the health and safety of an animal, an animal

control officer, law enforcement officer, or fire fighter who has probable cause to believe that this

section is being violated shall have the authority to enter such motor vehicle by any reasonable

means necessary under the circumstances after making a reasonable effort to locate the owner or

other responsible person.

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

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

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

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

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

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

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

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

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

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

permitted by law.

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

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

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

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

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

animal is currently being treated and/or held.

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

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

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

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

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

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

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

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

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

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

possession and ownership of the animal.

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

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

result from the removal.

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

for a term not exceeding one year or by a fine of no more than one thousand dollars ($1,000), or

both.

     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

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

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

     This act would take effect upon passage.

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LC000427

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