2017 -- S 0390 SUBSTITUTE A

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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 Jabour, Lombardi, Doyle, and Lynch Prata

     Date Introduced: March 02, 2017

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 4-1-1, 4-1-3, 4-1-22 and 4-1-42 of the General Laws in Chapter 4-

1 entitled "Cruelty to Animals" are hereby amended to read as follows:

     4-1-1. Definitions -- Responsibility for agents and employees.

     (a) In this chapter and in §§ 4-4-9, 4-4-10, and 23-19-8:

      (1) "Animal" and "animals" means every living creature except a human being;

      (2) "Licensed graduate veterinarian" or "veterinarian" means a person licensed to engage

in the practice of veterinary medicine, surgery, and dentistry in this state who is a graduate of an

accredited veterinary medical, surgical, and dental school or college of a standard recognized by

the Rhode Island veterinary medical association; and

      (3) "Owner", "person", and "whoever" means corporations as well as individuals.

      (4) "Guardian" shall mean a person(s) having the same rights and responsibilities of an

owner, and both terms shall be used interchangeably. A guardian shall also mean a person who

possesses, has title to or an interest in, harbors or has control, custody or possession of an animal

and who is responsible for an animal's safety and well-being.

      (5) Except for livestock as defined in subsection 4-26-3(7), "adequate living conditions"

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

and garbage that may clutter the environment, pose a danger or entangle the animal. The

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

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

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

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

livestock as defined in subsection 4-26-3(7) shall mean best management practices established,

no later than July 1, 2014, by the Rhode Island livestock welfare and care standards advisory

council.

     (6) Except for livestock as defined in §4-26-3, "hoarding" means the accumulation of a

large number of animals, to a point where the owner, possessor or person having the charge or

custody of the aforementioned animals fails to or is unable to: provide "adequate living

conditions," as defined herein; provide adequate food, water and sustenance, or necessary

veterinary care; and who keeps said animals in an overcrowded environment resulting in a

negative impact on the health and well-being of the animals and/or the owner of said animals.

      (b) The knowledge and acts of agents of and persons employed by corporations in regard

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

the acts and knowledge of that corporation.

     4-1-3. Unnecessary cruelty.

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

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

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

in § 4-1-1, or who hoards animals as defined in §4-1-1, or causes that animal to be carried, in or

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

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

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

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

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

punished for each offense in the manner provided in § 4-1-2. Any owner, possessor, or person

having the charge or custody of any animal who is found guilty or pleads nolo contendere to a

violation of this section and said violation involves hoarding, as defined herein, shall be ordered

to undergo a mental health evaluation to determine if counseling or treatment should become an

additional condition of the sentence.

      (b) The substances proscribed by subsection (a) do not include any drug having curative

and therapeutic effect for disease in animals and which is prepared and intended for veterinary

use.

      (c) University, college or hospital research facilities licensed and/or inspected by the

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

good standing with the federal agency responsible for licensing or assurance of the facility.

     4-1-22. Care of neglected animals by society -- Forfeiture of owner's rights --

Expenses.

     (a) An officer or agent of the Rhode Island Society for the Prevention of Cruelty to

Animals may lawfully take charge of any animal found abandoned or neglected or hoarded as

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

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

notice to the owner, if known, or his or her agents, and may provide suitable care.

      (b) Every owner or agent, upon conviction, plea of guilty, or plea of nolo contendere, of

abandonment, neglect, hoarding as defined in §4-1-1 or otherwise cruel treatment of any animal

taken charge of by the Rhode Island Society for the Prevention of Cruelty to Animals under this

section, forfeits the rights to ownership or control of that animal to the Society for disposition in

any manner deemed suitable for that animal.

      (c) Whenever any officer or agent of the Rhode Island Society for the Prevention of

Cruelty to Animals lawfully takes charge of any animal under this section, all reasonable

expenses for the care and treatment of the animal(s), while in the custody of the Society during

this time, shall be paid for by the owner, guardian, or his or her agent upon conviction, plea of

guilty, or plea of nolo contendere. The Society has the authority to commence a civil action for

damages against the owner or his or her agent thirty (30) days after a written demand for payment

of the expense of the suitable care of that animal has been sent and no payment has been received.

     4-1-42. Care of neglected animals by Department -- Forfeiture of owner's rights --

Expenses.

     (a) The director of environmental management, or any veterinarian employed by the

department of environmental management ("department"), may lawfully take charge of any

animal found abandoned or neglected, or hoarded as defined in §4-1-1, or that, in the opinion of

the department, is aged, maimed, disabled, lame, sick, diseased, injured, unfit for the labor it is

performing, or otherwise cruelly treated, and shall give notice to the owner, if known, or his or

her agents, and may provide suitable care.

      (b) Every owner, guardian, or agent, upon conviction, entry of a guilty plea, or plea of

nolo contendere, of abandonment, neglect, hoarding as defined in §4-1-1, or otherwise cruel

treatment of any animal taken charge of by the department under this section, forfeits the right to

ownership or control of that animal to the department for disposition in any manner deemed

suitable for that animal.

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      (c) Whenever the department lawfully takes charge of any animal under this section, all

reasonable expenses for the care and treatment of the animal(s), while in the custody of the

department during this time, shall be paid for by the owner, guardian, or his or her agent, upon

conviction, a plea of guilty or plea nolo contendere. The department has the authority to

commence a civil action for damages against the owner or his or her agent thirty (30) days after

written demand for payment of the expense of the suitable care of that animal has been sent and

no payment received.

     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

***

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

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

hoarding.

     This act would take effect upon passage.

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