2020 -- H 7740

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LC004515

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY – CRUELTY TO ANIMALS

     

     Introduced By: Representatives Ackerman, Serpa, Shekarchi, O'Brien, and Millea

     Date Introduced: February 26, 2020

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 4-1-2, 4-1-3 and 4-1-5 of the General Laws in Chapter 4-1 entitled

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

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     4-1-2. Overwork, mistreatment, or failure to feed animals -- Shelter defined.

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     (a) Whoever overdrives, overloads, drives when overloaded, overworks, tortures, torments,

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deprives of necessary sustenance, cruelly beats, mutilates, or cruelly kills, or causes or procures to

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be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived

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of necessary sustenance, cruelly beaten, or mutilated, any animal, and whoever, having the charge

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or custody of any animal, either as owner or otherwise, inflicts cruelty upon that animal, or willfully

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fails to provide that animal with proper food, drink, shelter, or protection from the weather, shall,

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for each offense, be imprisoned not exceeding eleven (11) months, or be fined not less than fifty

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dollars ($50.00) nor exceeding five hundred dollars ($500), or both. If the offense described in this

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section results in the death of the animal, the person shall be punished in the manner provided in §

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4-1-5.

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     (b) Any person who is convicted of, or who enters a plea of nolo contendere, to an offense

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prohibited by subsection (a) of this section, and such offense was committed in the presence of a

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minor, shall be punished in a manner prescribed in § 4-1-5(a). If the offense resulted in the death

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of the animal, they shall be punished in a manner prescribed in § 4-1-5(b).

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     (b)(c) Any person who has been previously convicted of an offense provided for in chapter

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1 of title 4 shall, upon conviction of a second or subsequent violation within a ten-year (10) period,

 

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be imprisoned for a period not exceeding six (6) years, or fined not less than five hundred dollars

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($500) and not exceeding five thousand dollars ($5,000), or both. In addition, every person

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convicted under chapter 1 of title 4 of a second or subsequent offense shall be required to serve one

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hundred (100) hours of community restitution. The community restitution penalty shall not be

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suspended or deferred and is mandatory.

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     (c)(d) Every owner, possessor, or person having charge of any animal may, upon

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conviction of a violation of this section, be ordered to forfeit all rights to ownership of the animal

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to the animal-control officer of the city or town in which the offense occurred or to a humane

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society that owns and operates the shelter that provided the subject animal shelter subsequent to

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any confiscation of that animal pursuant to this section.

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     (d)(e) Shelter means a structure used to house any animal that will provide sufficient

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protection from inclement elements for the health and well being of the animal.

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     4-1-3. Unnecessary cruelty.

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

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

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

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in § 4-1-1, or who engages in the hazardous accumulation of animals as defined in § 4-1-1, or

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causes that animal, to be carried, in or upon any vehicle or otherwise, in a cruel or inhuman manner;

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or willfully, intentionally, maliciously, recklessly, and/or knowingly authorizes or permits that

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animal to be subjected to unnecessary torture, suffering, or cruelty of any kind; or who places, or

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causes to have placed, on any animal any substance that may produce irritation or pain or that is

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declared a hazardous substance by the U.S. Food and Drug Administration or by the state

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department of health, shall be punished for each offense in the manner provided in § 4-1-2. If the

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offense described in this section results in the death of the animal, the person shall be punished in

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the manner provided in § 4-1-5. If any owner, possessor, or person having the charge or custody of

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any animal is found guilty of or pleads nolo contendere to a violation of this section and said

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violation involves the hazardous accumulation of animals, the court shall, in imposing a penalty

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under this section, take into account whether the defendant's conduct could be considered to be the

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result of a mental health disorder as defined in § 27-38.2-2.

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     (b) Any person who is convicted of, or who enters a plea of nolo contendere, to an offense

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prohibited by subsection (a) of this section, and such offense was committed in the presence of a

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minor, shall be punished in a manner prescribed in § 4-1-5(a). If the offense resulted in the death

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of the animal, they shall be punished in a manner prescribed in § 4-1-5(b).

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

 

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and therapeutic effect for disease in animals and that is prepared and intended for veterinary use.

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

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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

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

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     4-1-5. Malicious injury to or killing of animals.

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     (a) Every person who cuts out the tongue or otherwise dismembers any animal maliciously;

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or maliciously kills or wounds any animal; or maliciously administers poison to or exposes any

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poisonous substance with intent that the poison shall be taken or swallowed by any animal; or who

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maliciously exposes poisoned meat with intent that the poison meat is taken or swallowed by any

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wild animal, shall be imprisoned not exceeding five (5) years or be fined not exceeding one

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thousand dollars ($1,000), and shall, in the case of any animal of another, be liable to the owner of

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this animal for triple damages, to be recovered by civil action. In addition, any person convicted

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under this section is required to serve fifty (50) hours of community restitution. The community

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restitution penalty shall not be suspended or deferred and is mandatory.

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     (b) Any person who is convicted of, or who enters a plea of nolo contendere, to an offense

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prohibited by subsection (a) of this section, and such offense was committed in the presence of a

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minor, shall be imprisoned not exceeding seven (7) years and/or be fined not exceeding two

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thousand dollars ($2,000).

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     (b)(c) This section shall not apply to licensed hunters during hunting season or a licensed

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business killing animals for human consumption.

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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 – CRUELTY TO ANIMALS

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     This act would increase penalties for animal cruelty. An individual convicted of animal

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cruelty, when the action was committed in the presence of a minor, would be imprisoned for a term

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not exceeding five (5) years or be fined in an amount not exceeding one thousand dollars ($1,000),

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and would be liable to the owner for triple damages, to be recovered in a civil action. If an individual

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were convicted of animal cruelty and the action was committed in the presence of a child and the

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animal died, this act would increase the penalty to a term of imprisonment not exceeding seven (7)

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years and/or a fine not exceeding two thousand dollars ($2,000).

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     This act would take effect upon passage.

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