2018 -- S 2778

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LC004856

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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 - CRUELTY TO ANIMALS

     Introduced By: Senator Erin Lynch Prata

     Date Introduced: April 05, 2018

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 4 of the General Laws entitled "ANIMALS AND ANIMAL

HUSBANDRY" is hereby amended by adding thereto the following chapter:

CHAPTER 1.2

SEIZURE AND DISPOSITION OF ANIMALS

     4-1.2-1. Seizure.

     (a) The RI state veterinarian, the general/special agent of the RI Society for the

Prevention of Cruelty to Animals, or any duly sworn and authorized state or municipal law

enforcement officer may lawfully take charge of any animal found abandoned or neglected or

hazardously accumulated as defined in § 4-1-1, or in the opinion of that veterinarian, agent or

officer is aged, maimed, disabled, lame, sick, diseased, injured, unfit for the labor it's performing

or cruelly treated and may thereupon proceed as provided in § 4-1.2-2, except that if, in the

opinion of a licensed veterinarian, such animal is so injured or diseased that it should be

humanely euthanized immediately, such officer may humanely euthanize or cause such animal to

be humanely euthanized.

     (b) Any person authorized to seize an animal pursuant to § 4-1.2-1 must leave written

notice on the property where the animal was seized within twenty-four (24) hours of the seizure.

This notice must be left in a location where it is reasonably likely to be found and must include

the name, address, telephone number, and signature of the person seizing the animal; the reason

for seizing the animal; and the location where the seized animal is being kept pending any order

pursuant to § 4-1.2-3 and if the address of the animal owner is known, notification through

certified mail with return receipt requested.

     4-1.2-2. Notice of Hearing.

     (a) Any authorized person making a seizure may file with the district court which has

venue over such matter a verified petition plainly stating such facts as to bring such animal within

the jurisdiction of the court and praying for appropriate action by the court in accordance with the

provisions of this chapter.

     Upon the filing of such petition the court shall cause a summons to be issued requiring

the owner or owners or person having responsibility for the care of the animal, if known, to

appear in court at the time and place named, which summons shall be served not less than

fourteen (14) days before the date of the hearing. If the owner or owners or person having

responsibility for the care of the animal is not known, notice of the time and place of the hearing

shall be given by publication in a newspaper having a circulation in the town in which such

officer took charge of such animal not less than fourteen (14) days before the date of the hearing.

Such court shall further give notice to the petitioner of the time and place of the hearing not less

than fourteen (14) days before the date of the hearing.

     4-1.2-3. Order for temporary care of seized animals.

     (a) If it appears from the allegations of the petition and other affirmations of fact

accompanying the petition, or provided subsequent thereto, that there is reasonable cause to find

that the animal's condition or the circumstances surrounding its care require that its custody be

immediately assumed to safeguard its welfare, the court shall either:

     (1) Issue an order to the owner or owners or person having responsibility for the care of

the animal to show cause at such time as the court may designate why the court shall not vest in

some suitable state, municipal or other public or private agency or person the animal's temporary

care and custody pending a hearing on the petition; or

     (2) Issue an order vesting in some suitable state, municipal or other public or private

agency or person the animal's temporary care and custody pending a hearing on the petition

which hearing shall be held within ten (10) days from the issuance of such order on the need for

such temporary care and custody. The service of such orders may be made by any officer

authorized by law to serve process, state police officer, indifferent person, or by certified mail

with return receipt requested if the individual lives out of state.

     4-1.2-4. Posting of bond.

     (a) If the court issues an order pursuant to § 4-1.2-3 vesting the animal's temporary care

and custody in some suitable state, municipal or other public or private agency or person, the

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owner or owners shall either surrender ownership of the animal or post a surety bond or cash

bond with the agency or person in whom the animal's temporary care and custody was vested.

The surety bond or cash bond shall be in in an amount sufficient to pay the reasonable expenses

related to necessary veterinary care, shelter, feeding, and board which is reasonably anticipated to

be incurred by the agency or person having temporary care and custody of the animal during the

litigation of the process referenced in § 4-1.2-1.

     (b) The surety bond or cash bond shall cover the expenses for a period as decided by the

court with subsequent bonds being necessary upon the expiration of the preceding bond until the

animal is disposed of pursuant to § 4-1.2-5. Failure to post the original or subsequent bonds will

result in forfeiture of the seized animals with disposition provided pursuant to § 4-1.2-5.

     4-1.2-5. Disposition of seized animals.

     (a)(1) If a seized animal is forfeited or surrendered pursuant to § 4-1.2-4, or after hearing,

the court finds that the animal is neglected or cruelly treated, it may transfer ownership of the

animal to any state, municipal or other public or private agency which is permitted by law to care

for neglected or cruelly treated animals or with any person found to be suitable or worthy of such

responsibility by the court.

     (2) If, after hearing, the court finds that the animal is so injured or diseased that it should

be destroyed, the court may order that such animal be humanely euthanized.

     (3) If, after hearing, the court finds that the animal is not neglected or cruelly treated, it

may cause the animal to be returned to its owner or owners or person having responsibility for its

care or, if such owner or owners or person is unknown or unwilling to resume caring for such

animal, it may transfer ownership of the animal to any state, municipal or other public or private

agency or person found to be suitable or worthy of such responsibility.

     (4) If the court renders a final decision under subsections (a)(1) or (a)(2) of this section,

the agency or person with whom the bond was posted shall return the balance, if any, of such

bond to the owner. The amount of the bond to be returned to the owner shall be calculated by

dividing the amount of the bond by thirty (30) to establish the daily rate and subtracting the

number of days less than thirty (30) that such agency or person has not had temporary care and

custody of the animal.

     (5) If the court makes a finding under subsection (3) of this section after the issuance of

an order of temporary care and custody under § 4-1.2-3 and the owner of the animal has posted a

bond pursuant to § 4-1.2-4(2), the agency or person with whom the bond was posted shall return

all such bond(s) to such owner.

     (6) Unless the court finds that there was no probable cause to institute a complaint that

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the animal is not neglected or cruelly treated, the expense incurred by the state or a municipality

in providing proper food, shelter and care to an animal it has taken charge of under § 4-1.2-1 and

the expense incurred by any state, municipal or other public or private agency or person in

providing temporary care and custody to an animal under § 4-1.2-3 is determined by the average

of three (3) providers of the necessary services related to the veterinary care, sheltering, feeding,

and board in the state.

     SECTION 2. This act shall take effect upon passage.

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LC004856

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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 provide a procedure for the seizure of any animal found to be abandoned,

neglected, or hazardously accumulated as well as a procedure for the disposition of seized

animals that are so injured or diseased that said seized animals should be destroyed.

     This act would take effect upon passage.

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LC004856

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