2018 -- H 8170

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LC005594

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY

     

     Introduced By: Representatives Nardolillo, Shanley, Canario, Hull, and Quattrocchi

     Date Introduced: May 04, 2018

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 4-1-40 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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     4-1-40. Possession of animals.

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     (a) In addition to any other penalty imposed by law, a person convicted of, or who

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entered a plea of nolo contendere to, any misdemeanor violation under the provisions of this

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chapter may, based on the discretion of the sentencing judge, shall not possess or reside with any

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animal for a period of up to five (5) years following entry of the conviction or upon acceptance of

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a plea of nolo contendere by the court. Any offense under this subsection is a misdemeanor

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punishable by a fine of not more than one thousand dollars ($1,000), by imprisonment for a term

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not more than one year, or both, and forfeiture of the animal(s).

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     (b) In addition to any other penalty imposed by law, a person convicted of, or who

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entered a plea of nolo contendere to, any felony violation under the provisions of this chapter

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may, based on the discretion of the sentencing judge, shall not possess or reside with any animal

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for a period of up to fifteen (15) years following entry of the conviction or upon acceptance of a

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plea of nolo contendere by the court. Any offense under this subsection is a misdemeanor

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punishable by a fine of not more than one thousand dollars ($1,000), by imprisonment for a term

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not more than one year, or both, and forfeiture of the animal(s).

 

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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

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     This act would take away the discretion of the sentencing judge in cases involving

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persons convicted of, or who entered a plea of nolo contendere to any misdemeanor or felony

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under the provisions of state law relating to cruelty to animals, including the discretion to allow

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such person to possess or reside with any animal for a period of up to five (5) years following

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entry of the conviction, or a fine of not more than one thousand dollars ($1,000), by

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imprisonment for a term not more than one year, or both, and forfeiture of the animal(s).

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     This act would take effect upon passage.

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