2019 -- S 0779

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LC002319

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- CRUELTY TO PUBLIC

SAFETY DOGS AND HORSES

     Introduced By: Senators Goodwin, and McCaffrey

     Date Introduced: April 04, 2019

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 4-1-30 of the General Laws in Chapter 4-1 entitled "Cruelty to

Animals" is hereby repealed.

     4-1-30. Cruelty to police animals.

     Any person who willfully tortures, torments, beats, kicks, strikes, mutilates, injures,

disables, or otherwise mistreats any dog or horse owned by a police department of this state or

any of its political subdivisions or who willfully by any action interferes with the lawful

performance of a police dog or horse shall be punished by a fine of not less than one hundred

dollars ($100) and not more than five hundred dollars ($500), or by imprisonment for not more

than one year, or both.

     SECTION 2. Chapter 4-1 of the General Laws entitled "Cruelty to Animals" is hereby

amended by adding thereto the following section:

     4-1-30.1. Cruelty to public safety - Dogs and horses.

     (a) As used in this section:

     (1) "Police canine" means any canine, and "police horse" means any horse, that is owned

or in the service of a law enforcement agency, for the principal purpose of aiding in the detection

of criminal activity, enforcement of laws, maintaining public order, or apprehension of offenders;

     (2) "Fire canine" means any canine that is owned, or in the service of a fire department, a

special fire district, or the state fire marshal for the principal purpose of aiding in the detection of

flammable materials or the investigation of fires; and

     (3) "SAR canine" means any search and rescue canine that is owned, or in the service of a

fire department, a law enforcement agency, a special fire district, or the state fire marshal, for the

principal purpose of aiding in the detection of missing persons, including, but not limited to,

persons who are lost, who are trapped under debris as the result of a natural, manmade, or

technological disaster or who are drowning victims.

     (b) Penalties:

     (1) Any person who intentionally and knowingly, without lawful cause or justification,

causes great bodily harm, permanent disability, or death to, or uses a deadly weapon upon, a

police canine, fire canine, SAR canine, or police horse commits a felony, shall be imprisoned not

exceeding five (5) years or be fined not exceeding one thousand dollars ($1,000), and shall, in the

case of any animal of another, be liable to the owner of this animal for triple damages, to be

recovered by civil action. In addition, any person convicted under this section shall be required to

serve fifty (50) hours of community restitution. That community restitution penalty shall not be

suspended or deferred and is mandatory.

     (2) Any person who actually and intentionally maliciously touches, strikes, or causes

bodily harm to a police canine, fire canine, SAR canine, or police horse commits a misdemeanor,

and shall be punished by a fine of not more than one thousand dollars ($1,000) or imprisonment

of not more than one year, or both.

     (3) Any person who intentionally or knowingly maliciously harasses, teases, interferes

with, or attempts to interfere with a police canine, fire canine, SAR canine, or police horse while

the animal is in the performance of its duties commits a misdemeanor, and shall be punished by a

fine of not less than one hundred dollars ($100) and not more than five hundred dollars ($500), or

imprisonment of not more than one year, or both.

     (c) Except as provided in subsection (b)(1) of this section, any person convicted under

this section shall make full restitution for injuries sustained by the police canine, fire canine, SAR

canine, or police horse and shall pay the replacement cost of any dog or horse, if that animal can

no longer perform its public safety duties. Any canine that is owned by or employed by a law

enforcement agency shall be exempt from restitution requirements of this subsection.

     SECTION 3. 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 PUBLIC

SAFETY DOGS AND HORSES

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     This act would provide special protection to public safety canines and horses that are

intentionally or maliciously subjected to cruelty, injuries, or death, by increasing the potential

criminal and civil penalties for the offenders.

     This act would take effect upon passage.

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